General conditions of carriage

Article I – Definition

Agreed Stopping Places
means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled Stopping Places on the Passenger's route.

Air Carriage (also Air Travel)
means the air Carriage of you and your Baggage, from embarkation to disembarkation, as defined in the Convention (see Convention herebelow).

Airline Designator Code
means the IATA Code identifying each carrier, member of this association using two or more alphabetical, numerical or alphanumeric characters and that is shown on the Ticket.

Authorised Agent
means a Passenger sales agent who has been appointed by us to represent us in the sale of air Passenger Tickets on our services.

Baggage
means your personal property, accompanying you, in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.

Baggage Check
means those portions of the Ticket which relate to the Carriage of your Checked Baggage.

Baggage Identification Tag
means a Tag issued by the Carrier for the sole purpose of identifying Checked Baggage and that includes a section that is affixed to the Baggage and another section that is given to the Passenger for the identification of said Baggage.

Carrier
means any carrier, whose Airline Designator Code appears on the Passenger´s Ticket or on the Conjunction Ticket and which carries or commits itself to carry Passenger and/or baggage for this Ticket.

Charter Contract
means the operation whereby the contracting Carrier (contractual Carrier) delegates to another Carrier (actual Carrier) responsibility for performing all or part of the Carriage. It also means the commercial agreement 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 Carriage.

Checked Baggage
means Baggage of which we take custody and for which we have issued a Baggage Check.

Check-in Deadline
means the time limit, as specified for each Flight and before which Passengers must have completed their check-in formalities and received their boarding card or pass.

Conditions of Contract
mean those statements contained in or delivered with your Ticket or Itinerary-Receipt, identified as such and which incorporate, by reference, these General Conditions of Carriage and notices (to Passengers).

Conjunction Ticket
means a Ticket issued to you, in conjunction with another Ticket which, together, constitute a single Contract of Carriage.

Convention
means whichever of the following instruments, as applicable :

  • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention),
  • the Hague Protocol, dated September 28, 1955 and modifying the Warsaw Convention,
  • some clauses of the Regulation applicable to air Carriage as operated within the European Union, aiming to remove compensation limits for prejudices suffered in such situations, except the cases cited by said regulation. This regulation has for effect to substitute to aforesaid Warsaw Convention some of the European rules texts referenced CE 2027/97 and CE 889/2002 summarized by the memo appended to European rule CE 889/2002, as far as they relate to death and bodily injuries to Passengers.


Coupon
means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named Passenger to travel on the particular Flight identified on it

Damage
includes death, wounding or bodily injury to a Passenger, loss, partial loss, theft or other Damage arising out of or in connection with Air Carriage, as defined hereinabove, or other services incidental thereto, as performed by us.

Days
means calendar days, including all seven days of the week ; provided that, for the purpose of notification, the day upon which Notice is dispatched shall not be counted ; and provided further that, for purposes of determining the duration of validity of a Ticket, the day upon which the Ticket is issued, or the Flight commenced, shall not be counted.

Domestic Flight
means any Flight departing from and arriving at cities located inside the territory of one single State or inside a single air space, within a territorial continuity.

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.

Flight Coupon
means that portion of the Ticket that bears the notation "good for passage" or, in the case of an Electronic Ticket, the Electronic Coupon, and indicates those particular places between which you are entitled to be carried.

Force Majeure
means unusual and unforeseen circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been 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 French Polynesia.

International Flight
means, as defined by the Convention, any Flight for which the departure point and arrival point and, possibly, the stopover point, are located on the territory of at least two States that are parties to the Convention, notwithstanding stopovers 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.

Passenger
means any person, except members of the crew, carried or to be carried in an aircraft, pursuant to a Ticket (also referred to as "you").

Passenger Coupon or Passenger Receipt
means that portion of the Ticket issued by us or on our behalf, which is so marked and which, ultimately, is to be retained by you.

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 you or any person entitled to make a claim on your behalf, in accordance with applicable law.

Rail Flight/Sea Flight/Road Flight
means a combined trip whereby the air Carriage and the other sectors are sold together and may be performed under different liability regimes.

Reservation
means the fact that a Passenger is in possession of a Ticket, or other proof, which states that the Reservation has been accepted and recorded by the Air Carrier or tour operator.

Security item
means any item or device which, for security or safety reasons, cannot be carried on board, due to applicable law.

Special Drawing Right (SDR)
means the unit of account of the International Monetary Fund (IMF), whose value is periodically determined by the IMF.

Stopover
means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

Tariff
means the published Fares, charges and/or related General Conditions of Carriage of a Carrier as such or filed, when required, with the appropriate authorities.

Ticket
means a valid document that establishes the right to Carriage. The Ticket evidences the Contract of Carriage, includes the Flight Coupons, the Passenger Coupons, notices to Passengers and incorporates these General Conditions of Carriage.

Unchecked Baggage
means any of your Baggage other than Checked Baggage. This Baggage remains under your custody.

Carrier's regulation includes any rules others than the present Conditions, published by the Carrier and in effect at the issuance of the Ticket, referring to Passengers and/or Baggage Carriage, and Fares in force at that time.

Article II – Applicability


1. General
 

Except as provided in Paragraphs 2 and 3 of this Article, these General Conditions of Carriage apply only on those Flights, or Flight segments, where Air Tahiti Designator Code is indicated in the Carrier box of the Ticket for that Flight or Flight segment.

These General Conditions of Carriage also apply to gratuitous and reduced Fare Carriage, except to the extent that we have provided otherwise in the Contract of Carriage or in any other contractual documents between us.

All Carriage is subject to the General Conditions of Carriage and to the Carrier´s Fare regulations in force when the Ticket is issued or, if said date cannot be determined, when the Carriage covered by the first Ticket Flight Coupon starts.

Those General Conditions of Carriage are established in application of Warsaw Convention of October 12th, 1929 and as amended at The Hague on September 28th, 1955 and some clauses of the Regulation applicable to air Carriage as operated within the European Union, aiming to remove compensation limits for prejudices suffered in such situations, except the cases cited by said regulation. This regulation has for effect to substitute to aforesaid Warsaw Convention some of the European rules texts referenced CE 2027/97 and CE 889/2002 summarized by the memo appended to European rule CE 889/2002, as far as they relate to death and bodily injuries to Passengers.
 

2. Charter
 

If Carriage is performed pursuant to a charter agreement, these General Conditions of Carriage apply to the extent they are incorporated, by reference or otherwise in the charter agreement or in the Ticket.
 

3. Overriding law
 

These General Conditions of Carriage are applicable unless they are inconsistent with applicable law, in which event such laws shall prevail. If any provision of these General Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

Article III – Tickets


1. General provisions
 

a. Your Ticket – Paper Ticket entitled "Passenger Ticket and Baggage check" or E-Ticket – is your Contract of Carriage with Air Tahiti. Warsaw Convention clauses, some clauses of the Regulation applicable to air Carriage as operated within the European Union as indicated in II.1 Article of present document and the Air Tahiti General Conditions of Carriage are included in this Contract of Transport.

b. Carrier will provide Carriage only to the Passenger named in the Ticket in current validity. Passenger must provide positive identification. From this matter, ID document is mandatory at check-in and during all the travel.
A paper Ticket must contain the Flight Coupon for that Flight and all other unused Flight Coupons and the Passenger Coupon. In addition, Passenger shall not be entitled to be carried if his Ticket is mutilated or has been altered otherwise than by Carrier or its Authorised Agent.

c. A Ticket is not transferable.

d. If a Ticket is presented to Air Tahiti for Transport or reimbursement by a person other that the beneficiary of the Ticket or the reimbursement, and if Air Tahiti, in good faith, Transports or reimburses this person, Air Tahiti can not be held responsible for the Damages or consequences caused to beneficiary of the Ticket or the reimbursement.

e. Some Tickets are sold at discounted Fares, which may be partially or completely non-refundable. You should choose the Fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket

f. A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen

g. The Ticket is subject to mandatory formal conditions, the Ticket shall at all times remain the property of the issuing Carrier.
 

2. Discount Fare


If you are traveling at a discount Fare or under special conditions, you must be able to provide proof of these conditions or of the basis of the discount, at any time throughout your journey.
 

3. Loss of Tickets
 

In case of loss of a Ticket (or part of it), please make its statement to the Carrier. You will be required to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing Carrier is satisfied that the lost Ticket has not been used before the expiry of its validity (1 year in general). The issuing Carrier charges reasonable administration fees that are deducted on the amount reimbursed.


4. Validity


Except as otherwise provided in the Ticket, in these General Conditions of Carriage or in the Tariffs, as defined under Article I hereabove, (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket) a Ticket is valid for one year from the date of issue.


5. Extension of validity


a. If you are prevented of travelling during validity of your Ticket because Air Tahiti :

  • cancel the Flight on which you were booked or
  • cancel a stop that is your departure point, your destination point or a voluntary stop or
  • can not operate your Flight in a reasonable delay compared to the schedule planned or
  • is responsible of your misconnection with an other Flight or
  • can not give you a seat previously booked


Your Ticket validity will be extended until the next Air Tahiti Flight on which a seat is available at the Fare paid by you

b. When you are prevented from traveling within the period of validity of your Ticket because, at the time you request Reservations, we are unable to confirm a Reservation, the validity of such Ticket will be extended but the extension will not exceed 30 days or your Ticket may be entitled to a refund, in accordance with Article X herebelow

c. If, after having commenced your journey, you are prevented from traveling within the period of the validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first Flight after such date, from the point where the journey is resumed on which space is available in the class of service paid for. Such illness must be attested to by a medical certificate. When the Flight Coupons remaining in the Ticket or, in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for no more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of the other members of your immediate family accompanying you.

d. In the event of death of a Passenger en route, the Tickets of persons accompanying the deceased Passenger may be modified, by waiving the minimum stay or extending the validity. In the event of death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger´s Ticket and those of his or her immediate family accompanying the Passenger may likewise be modified.
Any such modification, as mentioned hereabove, shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.


6. Coupon sequence and Use


a. The Ticket will not be accepted and shall lose all validity if the Coupons are not used in the order in which they were issued. Carrier will honour the Flights Coupons in the order from departure point to the arrival point, as it appears on the Ticket.

b. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure to the final destination, via any Agreed Stopping Places. The Fare you have paid is based upon our Tariff and is for the transportation, as shown on the Ticket. It forms an essential part of our Contract of Carriage with you. The Ticket will not be honored and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.

c. Each Flight Coupon contained in your Ticket will be accepted for transportation on the date and Flight for which space has been reserved. When a Ticket is originally issued without a Reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the Flight requested.

d. Should you wish to change any aspect of the transportation, you must contact us in advance. The Fare for the new transportation will be calculated and you will be given the option of accepting the new price or maintaining the original transportation, as ticketed.

e. Should you change your transportation without our agreement, we will assess the correct price for the actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation.

f. Please be aware that, while some types of change will not result in a change of Fare, others, such as changing the place of departure (for example, if you do not fly the first segment) or reversing the direction of the travel, can result in an increase of price. Many Fares are valid only on the dates and for the Flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.

g. Please be advised that in the event you do not show up for any Flight, we may cancel your return or onward Reservations, except if you have advised us in advance


7. Modifications on Passenger demand


a. If the Passenger wishes to change all or part of its journey, he must first make contact with the Carrier. The Fare will be recalculated, change fees could be claimed and the Passenger will then have the possibility of accepting the new price or keeping the original Carriage, as shown on the Ticket.

b. If a Passenger changes its journey without the Carrier's agreement, the Carrier shall adjust the Fare in light of this change. The Passenger must then pay the difference between the Fare that corresponds to the journey purchased and the price of the new journey. If the new Fare is less than the previous Fare, the Carrier may not refund the difference and the old Coupons, in any event, shall no longer have any value.

c. Each Ticket Flight 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.


8. Name and address


The Carrier identification may be shown as an abbreviation on Ticket, using its Designator Code (as defined in Article I) or in any other form. The Carrier's address is deemed to be that of its registered office or principal place of business.

Article IV – Fares

1. Fares published can be all taxes included or taxes free. In this very last case, taxes will be mentioned by Carrier and will have to be added to the duty free Fare. Fares mentioned at the time of booking and on our various information brochures are subject to modifications. Fares are confirmed at the issuance of the Ticket.

2. Fares apply only for Carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise stated. Fares do not include ground transportation service between airports and between airports and town terminals. Your Fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket, for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the Fare to be paid

3. The applicable Fares are those published by the Carrier or calculated thereby, in accordance with the Fare regulations in force for the Flight(s) shown on the Ticket from the departure point to the arrival point, for a given class of Carriage, on the Ticket purchase date.
If the Fare collected by the Carrier is not the applicable Fare, the difference will be either due by the Passenger either due bu the Carrier, according to the Carrier and Fare conditions.

4. Taxes, Fees and Charges:
Applicable taxes, fees and charges imposed by governments or other authorities or by the operator of the airport shall be paid by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the Fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will have to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will have to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.

5. Fares published in French Polynesia are applicable only if you are physically present in French Polynesia at the time of booking and ticketing. If you are not physically present in French Polynesia at the time of booking, the Air Tahiti "Tourist" Fares apply.

6. Fares have booking, ticketing, validity, routing conditions.

7. Fares may be limited to sale, especially discount Fares.

8. Conditions have to be fulfilled by you or your itinerary to benefit from some Fares.

9. To benefit from some Air Tahiti Fares, you need a specific and valid Air Tahiti card, which can be charged.

10. Certain Fares may have special conditions that limit or exclude the right to change or cancel your booking and/or request the reimbursement of your Ticket or your Coupon.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless any other currency is indicated by Carrier or our Authorised Agent, at or before the time payment is made (for example, because of the non convertibility of the local currency). Carrier may, at its discretion, accept payment in another currency.

Article V – Reservations

 

1. Reservation requirements


Reservations are not confirmed until they are accepted and recorded by the Carrier or its Authorised Agent in the computerised Reservation system. Certain Fares may be subject to conditions that limit or exclude the possibility of changing or cancelling Reservations.


2. Ticketing time limit


If you have not paid for your Ticket prior to the specified Ticketing time limit, as advised by us or our Authorised Agent, we may cancel the Reservation and dispose of the relevant seat.


3. Personal data


Carrier recommends Passenger to communicate all necessary informations to make his Reservation: address, phone numbers and any other information to achieve his travel in the best conditions (special assistance).
Passenger recognizes that personal data relevant to him has been given for the purposes of making a Reservation for Carriage, purchasing a Ticket, obtaining ancillary services, developing and providing services, and making available such data to government agencies, in connection with his travel and subject to applicable law. For these purposes, Passenger authorizes Carrier to retain such data and to transmit it to its own offices, Authorised Agents, government agencies, Carriers, as defined in Article I here above, or the providers of the above-mentioned services, in whatever State or any kind or country or territory they may be located.


4. Reconfirmation of Reservations


Reconfirmation of your Reservation is necessary except in the following situations :

a. Carrier does not have your contact in each of your stopover in French Polynesia or can not reach you for lack of contact informations during your journey.
b. the Flight that you boarded is not the one you were booked. Please reconfirm the remaining part of your voyage upon arrival.
c. You are travelling to the Marquesas, the Eastern Tuamotu, Gambier islands, or an other destination served by aircraft other than ATR, you should reconfirm your Reservation a week prior each of your Flight.

We may cancel the Reservation of your next Flight or return Flight if you do not reconfirm your Flight in the situations hereabove mentioned.


5. Cancellation of onward Reservations


If you do not show up for a Flight, Carrier may cancel your return or onward Reservations, except if you have advised it in advance. No-show fees will be due.


6. Late cancellation


If you can not travel on the Flight you were booked on, please cancel your booking 48 hours prior departure, otherwise late cancellation fees will be due.


7. Itinerary modification fees


Once the Ticket is issued, if you wish to change your itinerary, itinerary modifications fees will be due.


8. Overbooking


Carrier may accept more Reservations than the number of seats available on the aircraft in order to offer a better availability to its clientele. Inevitably, it may happen that some Passengers are unable to leave on the Flight they are booked on. In this case, Carrier will look for volunteers to postpone this departure. If there is no volunteers; Carrier may refuse Transport to some Passengers, against a defined compensation (Article VI.7).


9. MCT (Minimum Connecting Flight)

 

The MCT is the minimum time in-between the arrival of a flight and the departure of the next.
 
It is:
  • International flight -> Air Tahiti flight*: 90 min
  • Air Tahiti flight* -> International flight: 120 minutes
  • Between 2 Air Tahiti domestic flights: 45 minutes
  • Between Air Tahiti flight and a boat: 120 minutes

 

*Rarotonga flights are international flights.
Article VI – Check-in and boarding

1. Check-in time limit

Check-In time limits vary from one airport to another. Informations on chek-in time limit can be obtained from Carrier's Agents or Authorised Agents. A Check-in time limit is agreed before planned takeoff time of each Flight. After this Check-in time limit, your Reservation is cancelled and your seat will be used by Carrier as its wish. If a Passenger does not go to the Carrier´s check-in desk before the Check-In time limit or does not go to said desk with a document that corresponds to the journey concerned and the Passenger is therefore unable to travel, the Carrier may cancel the seat reserved and use it as its wish, without any liability toward the Passenger.


2. Flight coupon


If a Flight Coupon is not collected at the check-in desk, when Passengers receive their boarding card, the Coupon concerned shall remain in their custody and Passengers must hand over the Coupon to the Carrier when boarding.


3. Seating

Seats are not pre-assigned on our aircrafts and you agree to accept any seat that we may assigned you on a Flight.


4. No-show fees


If you have a Reservation confirmed on a Flight and you do not show up for check-in before the check-in deadline, no-show fees will be due.


5. No-show at the gate fees


If you do not show up at the gate for boarding on time, no-show at the gate fees will be due. Carrier liability will not be implicated in any case, notably for loss, Damage or spending, if Passenger did not respect the present Article conditions.


6. Denied Boarding Compensation for overbooking


If, due to scheduled overbooking (Article V.8), the Carrier is not in a position to offer a seat to the Passenger, even though the Passenger has a valid Ticket issued at commercial public Fare, has a confirmed Reservation on this Flight, did comply with Carrier's General Conditions of Carriage and checked in within the required time limit, the Carrier shall grant the Passenger an immediate compensation for non boarding.

Article VII – Schedules, delays, cancellation of Flights

 

1. Schedules
 

a. Air Tahiti Flight Schedule is modified twice a year, on April 1st and on November 1st.

b. The Flight times shown in timetables may change between the date of publication and the date you actually travel. Carrier do not guarantee them to you and they do not form part of your Contrat with Carrier. They are provided as an indication and are likely to be modified without notice.

c. Air Tahiti undertakes to use its best efforts to carry you and your Baggage with reasonable dispatch and to respect the Schedules displayed and in force at the date of your Flight. Nevertheless, Air Tahiti may modify its Flight Schedules. Therefore, times shown on your Ticket or elsewhere are not guarantee and do not form part of your Contrat with us.

d. If your Reservation has been made by a Carrier agency, Carrier will notify you of any Schedule change. If your Reservation has been made by a travel agency, Carrier will advise your travel agency of Schedule change on your voyage.

e. Air Tahiti will not be responsible of any mistake or omission in published timetables, or any information on Schedule delivered by its Agents, Authorised Agents at departure, arrival or on board.
 

2. Delays, rerouting


Carrier will take all necessary measures to avoid delay in carrying you and your Baggage. In case of Flight delay, Carrier will offer you the choice between:

a. flying on an other regular Flight if seats are available;

b. or if the delay is important, to reimburse you without fees your unused Flight Coupon if you decided not to leave.
 

3. Cancellation of Flights
 

a. If your Flight is cancelled before departure

  • Carrier will take in charge the accommodation expenses resulting from this event in the island where the Flight has been cancelled if
    • the cause of the cancellation is due to Air Tahiti.
    • You are not resident of the island where the cancellation occurs.
    • The island where the cancellation occurs does not belong to the small islands network. The list of islands that composed the small islands network can be requested at our offices.
  • If the cancellation is due to a cause out of the company's control, such as weather conditions, Air Tahiti cannot be held responsible for any related costs which will remains your expense.
     

b. Your trip interrupted at a transit point

Carrier will strive to reschedule the Flight as soon as possible. However, if it is not possible, three options must be considered:

  • If you prefer to cancel your trip : Air Tahiti will transport you back to the island of Flight origin or to Papeete and reimburse you the price of your Ticket;
  • If you choose to end your travel with Air Tahiti at the transit point, Air Tahiti will reimburse you the full value of the unused portion of the Ticket and the transportation agreement between you and Air Tahiti will end;
  • You are in an island which is not your island of residence. Carrier will take in charge accommodation costs in this island in a place chosen by itself until the next planned departure, except for travels which include an island from the specific network, as specified in Carrier's communication medias, for which particular disposals apply.
     

c. Specific conditions for travel including an island of the small netwok

If you chose to travel from or to an island of the specific network, previous disposals are applied except for the accommodation which will be limited to one night. To know the islands of the specific network, please refer to Carrier communication medias.

It may happen that the delay or cancellation of a flight in one stopover follows from a cause which occurred in another stopover. In this case, the cause of the first hazard will be considered for the taking in charge.

Article VIII – Refusal and limit refusal and limitation of Carriage


1. Right to refuse Carriage


a. The Passenger has not complied with the applicable law and the Carrier General Conditions;

b.  The Carriage of you or your Baggage may endanger or affect the safety, and health or materially affect the comfort of Passengers or crew. y ou have committed misconduct on a previous Flight and we have reason to believe that such conduct may be repeated;

c. If your clothes or physical aspect may antagonizes the other Passengers and the crew;

d. your mental and/or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to Passengers and/or to crew or property;

e. you have refused to submit to a personal security check or to the Baggage Check, as defined under Articles VIII/5 and XIII/6 herebelow, or you have refused to provide accurate proof of your identity at any time of your travel;

f. you can not justify the Fare on your Ticket;

g. you have not paid the applicable Fare, taxes, fees or charges;

h. you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit or for which you do not have valid travel documents, you have destroyed your travel documents during Flight or refused to surrender them to the Flight or ground crew, against receipt, when so requested, and/or you have documents which are outdated, which do not comply with any current governmental or international requirement or regulation or which are fraudulent, either through usurpation of identity, falsification or counterfeit of documents;

i. The Ticket you produced has been acquired unlawfully or has been purchased form an entity other than us or our Authorised Agents ; or has been reported as being lost or stolen ; or is a counterfeit or falsified Ticket ; or has any Flight Coupon either altered by anyone other than us or our Authorised Agents, or mutilated;

j. you have failed to comply with the requirements set forth in Article III/6 hereabove concerning Coupon sequence and use ;

k. you require from us, when checking-in or boarding, a special assistance which you have not previously required;

l. you do not comply with any applicable government laws, regulations or orders;

m. you have failed to observe any applicable instructions and regulations with respect to safety or security;

n. when producing your Ticket, you cannot prove you are the person named in the "Name of Passenger" box

o. you have done one or several acts as described here above.


2. Special Assistance


a. Acceptance of Carriage of unaccompanied children, Passengers with Reduced Mobility, pregnant women, persons with illness or other people requiring assistance, is subject to prior arrangements with Carrier. Passengers with Reduced Mobility who have advised Carrier of their disability and of any special requirement they may have at the time of ticketing, and have been accepted by Carrier, shall not subsequently be refused Carriage on the basis of such disability or special requirements.

b. If a Passenger has a medical background, it is recommended that the Passenger consults a doctor before taking a Flight, and takes all necessary precautions.

  • The specific conditions referred to in paragraph 2a above are not part of the General Contrat of Carriage and must be considered as being Ancillary Services, as defined by Article XII below.
  • Moreover, if a request for the cases here above mentioned in paragraphs (a) is made at time of check-in, the Carrier shall in no way be held liable if it cannot fulfil 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 (j) of this Article
Article IX – Baggage


1. Free Baggage allowance


All Tickets grant the right, without having to pay any supplement, to the "free" Carriage of a quantity of Baggage (in terms of weight), that is determined according to the Fare paid and the class of Carriage. Free Baggage allowance is shown on the Ticket and must be taken into account in all cases. However, each Baggage may not exceed a maximum weight.Information is available from the Carrier or from its Authorised Agents.
 

2. Checked Baggage


a. maximum weight and dimensions are requested for Checked Baggage. Contact Carrier for additional informations.

b. upon delivery to us of your Baggage, which you wish to check, we will take custody of, and issue a Baggage Identification Tag for each piece of your Checked Baggage.

c. Checked Baggage must have your name or adress affixed to it. Your Baggage must be locked.

d. If the packaging of your Baggage is unsuitable for air transport or is in bad condition, Carrier may refuse your luggage or accept the Carriage of your Baggage for air transport but without any liability if your Baggage is spoiled. A Tag "Limited release" will be given to you in this case at time of check-in.

e. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide, for safety, security or operational reasons, to carry it on an alternative Flight.
 

3. Unchecked Baggage or Cabin Baggage


a. Maximum dimensions and weight for Baggage you carry on to the cabin must not be exceeded. Number of Cabin Baggage is also limited. Carrier has this information to your disposal. If Carrier considers that the Baggage you wish to take in cabin exceeds the maximum weight and size, Carrier will be able to refuse it in cabin and carry it as Checked Baggage if hold availability is sufficient. Such Baggage may be checked at any time before the departure of the Flight. Therefore, all your Baggage, even those you wish to take in cabin with you, should be locked.

b. Objects not suitable for Carriage in the cargo compartment (such as delicate musical instruments and the like) and which do not meet the requirements of (a) hereabove will be accepted for Carriage in the cabin compartment, only if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
 

4. Excess Baggage


Checked Baggage that is allowed in the hold must not exceed certain weight and dimension limits, which, above a certain allowance, give rise to an additional fees. The conditions for the payment of excess Baggage are available upon request from the Carrier´s points of sale and those of its Authorised Agents.
 

5. Items unacceptable as Baggage


You must not include in your Baggage:

a. items which not constitute Baggage in the meaning of Article I of these Conditions;

b. items which are likely to endanger the aircraft, the persons or properties on board of the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and in the regulations of the International Air Transport Association (IATA), and in Carrier's Regulation. These items include, in particular, explosives, pressurised gas, oxidising, radioactive or magnetised substances, inflammable substances, toxic or corrosive substances and liquid substances of any kind (except for liquids contained in Hand Baggage and intended for personal used by Passengers during their journey);

c. items the Carriage of which is prohibited by the applicable laws or regulations of any State to be flown from or to;

d. items which are reasonably considered by us to be unsuitable for Carriage because they are dangerous or unsafe by reason of their weight, size, shape or character or which are fragile or perishable having regard to, among other things, the type of the aircraft being used. Information about unacceptable items is available from us, upon request;

e. fragile or perishable items, money, foreign currencies, jewellery, works of art , precious metal, silverware, securities or other valuables, expensive clothes, optical and/or electronic or telecommunication devices, cameras of all kinds, music instruments, business documents, negotiable papers, passports and other documents, samples and shares, as well as any valuable item;

f. live animals, except pets and in so far as provisions contained in paragraph 10 of this Article are implemented;

g. Firearms classified in sport weapons categories and ammunition from category 1.4S are the only one Authorised to Carriage and are subject to Carrier acceptance and to the respect of the following instructions, before presenting at check-in:

  • Inform the Air Tahiti selling Agent that you wish to carry a weapon and/or ammunitions;
  • Unload your weapon and pack it in a rigid and hermetically closed case;
  • Put the safety catch on;
  • Put the ammunitions in their origin package, a rigid and appropriate case;
  • Make sure that ammunitions are well secured inside their origin package in order that they can not knock together (the acceptation of loose ammunitions or in other packages than the one required here above is strictly forbidden);
  • Make sure that the ammunitions quantity does not exceed 5kg gross. Those ammunitions are only reserved for personal use and one or several Passengers allowance can not be combined in one or several packages;
  • Separate the weapon from the ammunitions and pack them in two different Baggages which will be checked in hold.

 

h. weapons such as antique firearms, swords, knives, blunt objects and similar items may be accepted as Checked Baggage, at Carrier discretion, but will not be permitted in the cabin of the aircraft;

i. If, despite being prohibited, any items referred to in subparagraphs hereabove, are included in your Baggage, we shall not bear any particular liability for any loss or Damage to such items, other than the current provisions of our liability regime, as defined in Article XVi herebelow.

It is moreover specified that, for all practical purposes, the Carrier is entitled to be exempt from its liability where Damage results from the nature of or a defect that is specific to an item of Baggage.
 

6. Right to refuse Carriage


a. At any embarkation point or any intermediate point, we may refuse the Carriage as Baggage or the continuous Carriage, upon discovery, of any item described in paragraph 5 hereabove as prohibited for Carriage as Baggage.

b. We may refuse to carry as Baggage any item reasonably considered by us as unsuitable for Carriage because of its size, shape, weight, content, character or for safety, security or operational reasons or for the comfort and convenience of other Passengers. Information about unacceptable items is available upon request.

c. In case the Carrier could not carry your excess Baggage on the Flight you are travelling on, Carrier reserves the right to carry them on the next Flights offering the availability to bring them to destination.

d. We may refuse to accept Baggage for Carriage, unless, in our reasonable opinion, it is properly and securely packed in suitable containers. Information about packing and container unacceptable to us is available upon request.
 

7. Right of search


For reasons of safety and security, we may request that you permit a search and scan of your person or your Baggage. If you are not available, your Baggage may be searched in your absence, for the purpose of determining whether it contains any item described in Paragraph 5 hereabove or any firearm, ammunition or weapons, which have not been presented to us. If you are unwilling to comply with such request, we may refuse to carry you and your Baggage. In the event a search or other scan causes Damage to you or to your Baggage, we shall not be liable for such Damage, unless due to our fault or negligence.
 

8. Collection and delivery of Checked Baggage
 

a. You shall collect your Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge a reasonable storage fee. Should the Baggage not be claimed within three (3) months of the time it was made available, we may dispose of it, without any liability to you.

b. If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage identification Tag, we will deliver the Baggage to such person only on condition that he/she establishes, to our satisfaction, his/her right to the Baggage. If required by us, the said person shall furnish adequate coverage to indemnify us for any loss, Damage or expense which may be incurred by us, as a result of such a delivery.

c. Collection of your Baggage without any reserve from you at the time of delivery will constitute assumption that the Baggage was delivered in good state and accordingly to the Contrat of Transport.
 

9. Animals


a. Animals, such as dogs, cats, birds and others pets (except duck and pigs), if they are placed in a crate, with the appropriate documents (sanitary documents, vaccination, necessary entry or exit documents) will be accepted for travel , only with our prior agreement.

b. We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, State or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result. If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance but shall constitute excess Baggage, for which you will be obliged to pay the applicable rate.

c. Service animals, together with its container, accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the normal free Baggage allowance, subject to conditions specified by us and available on request.

Where Carriage is not subject to the liability rules of the Convention, we shall not be responsible for injury to or loss, sickness or death of an animal which we have agreed to carry, unless we have been negligent.

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. In the event of fraud or the absence or invalidity of the required documents, the Carrier shall not assume any liability for the injuries, losses, delays, illnesses or death of the animals carried, unless caused by the fault or negligence of the Carrier. Passengers who travel with such animals must reimburse the fines, loss, compensation and all costs incurred due to such a situation.

Article X – Refunds

 

1. General


If Carrier fails to ensure the Carriage in accordance with the General Contract of Carriage, or if a Passenger asks a change in his travel settlements; the refund of the Ticket or the unused part of it, will be made by the Carrier, in accordance with the present Article and the Carrier regulation.
 

2. Beneficiary


a. except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named on the Ticket or to the person who has paid for the Ticket upon presentation of a satisfactory proof of such payment, or to the person appointed by him. In this last case, this person will have to be mandated by the Passenger whose name is on the Ticket, or by the payer and to be able to prove his identity.

b. if a Ticket was paid 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. In this last case, this person will have to be mandated by the payer and to be able to prove his identity.

c. except in case of lost Tickets, refunds will be subject to the surrender to us of the Passenger Coupon (or of the Passenger Receipt) and of all unused Flight Coupons.

d. a refund made to anyone presenting the Passenger Coupon or the Passenger Receipt and all unused Flight Coupons and holding himself out as a person to whom refund may be made under subparagraphs (a) or (b) hereabove, shall be deemed a proper refund and shall discharge us from any liability and from any further claim for refund.

e. Refund fees will be claimed for each refund, except for Fares that exclude the refund.
 

3. Involuntary Refunds


If Carrier cancel a Flight, fail to operate a Flight reasonably according to Schedule or fail to stop at your destination or Stopover or cause you to miss a connecting Flight on which you hold a Reservation under a single General Contract of Carriage, the amount of the refund shall be:

a. if no portion of the Ticket has been used, an amount equal to the Fare paid on Carrier Network;

b. if a portion of the Ticket has been used, the amount the Carrier will deduct will correspond to the difference between paid Fare and the Fare corresponding to the effected transport, in accordance to commercial rules of the Fare mentioned on the Ticket.
 

4. Voluntary Refund


If you are entitled to a refund for reasons other than those set out in paragraph 3 of this Article, the amount of the refund shall be:

a. if no portion of the Ticket has been used, an amount equal to the Fare paid, less service charges or cancellation fees;

b. if a portion of the Ticket has been used, an amount equal to the difference between the Fare paid and the applicable Fare for travel between the points for which the Ticket has been used, less service charges or cancellation fees;

c. The refunds under this paragraph 3 are not applicable when and if precluded by any governmental requirements or by our own regulation, as known to you. It is the case of Tickets bearing a "NON REFUNDABLE" mark or notation.
 

5. Refund of lost or stolen Tickets


If you lose your Ticket or any portion thereof or if your Ticket or portion thereof has been stolen, upon furnishing us with satisfactory proof of the loss or the theft, and payment of a reasonable administration charge, refund will be made as soon as practicable, after the expiry of the validity period of the Ticket (if it is an issued open ticket, the validity of the ticket is one year from the date of issuance), on condition that:

a. the lost or stolen Ticket, or portion of it, has not been used, previously refunded or replaced;

b. the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay us the amount refunded, in the event of fraud and to the extent that the lost or stolen Ticket or portion thereof is used.
 

6. Right to refuse refund


We may refuse to process a refund:

a. where application is made after the expiry of the validity of the Ticket (one year from the date of first departure; and if it is an issued open-ticket one year from the date of issuance),

b. in case of a Ticket either stolen or falsified or counterfeited,

c. if you claim a refund in a currency different from the currency of the payment,

d. if a Ticket is marked "NON REFUNDABLE",

e. if the amount of the Ticket have not been paid.
 

7. Currency


We reserve the right to make a refund in the same manner and currency used to pay for the Ticket.
If a refund is accepted by us in another currency than the currency of the payment, such refund shall be made at the exchange rate(s) and under conditions as determined by us.
 

8. By whom Ticket is refundable


Refunds will be made only by the Carrier which originally issued the Ticket or by its Agent, if so Authorized.

Article XI – Conduct aboard aircraft

1. If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with instructions of the crew, including, but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, Damage or injury to Passengers or to crew, as well as to any property, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward Carriage at any point and may be prosecuted for offenses committed on board the aircraft.

2. Use of transmitter-receiver equipment like radios or cellular telephones, is strictly forbidden during all Flight. Moreover, you will not be able to use, during takeoff and landing phases, electronic equipments like electronic games, laptop computers… Carrier will be able to refuse the use of any equipment which could be harmful for the Passengers or the crew.

3. On board the aircraft, Passengers must not, due to the consumption of alcohol, drugs or any other substance, behave in a way that is liable to cause discomfort, inconvenience, threaten or endanger one or more persons, items or property or the aircraft itself.

4. Smoking is strictly prohibited on board the aircraft.

5. The Carrier may limit or prohibit the consumption of alcohol on board the aircraft.

6. 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 disembark the Passenger at any stage of the Flight and/or take legal action against said Passenger.

Article XII – Arrangements for additionnal services

If the Carrier, within the scope of a General Contract of Carriage and subject to the applicable law, agrees to take steps, via third parties, for the provision of ancillary services other than Carriage by air or if the Carrier issues a Ticket or voucher for Carriage or other services (other than air travel), such as, for example, hotel Reservations or car hire, in this case the Carrier will only act as an Agent and will not be liable toward Passengers except in the event of proven negligence on its part. The Carriage or sale conditions that govern the activities of said third parties will be applicable.

Article XIII – Administrative formalities


1. General


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 may not be held 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. Passenger is required to present entry, exit and transit documents, as well as health and other documents required by the regulations in force (laws, regulations, decisions, requirements and provisions) in the departure, arrival and transit States.
Passenger is 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 VIII/1/(a), to refuse Carriage if a Passenger does not comply with the laws and regulations in force or if the Carrier has doubts as to the validity of the documents presented.

c. The Carrier may not be held liable for losses or expenses suffered by Passengers who do not comply with the provisions of the law.


3. Refusal of Entry


If a Passenger is refused entry to a territory, the Passenger must pay all the resulting 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 their 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.
 

4. Passenger responsible for fines, detention costs, etc


If Carrier are required to pay or deposit any fine or penalty to incur any expenditure by reason of Passenger voluntary or non voluntary failure to comply with or to produce travel documents compliant with laws, regulations, orders, demands or other travel requirements or to produce the required documents, Passenger shall reimburse Carrier, on demand, any amount so paid or deposited and any expenditure so incurred. Carrier may apply, towards such payment or expenditure, the value of any unused Carriage on Passenger Ticket, or any of Passenger funds in Carrier possession.
 

5. Customs inspection


If required, you shall be present during inspection of your Baggage, Checked or Unchecked, by Customs or other State officials. Carrier will not be liable to you for any loss or Damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
Passenger must compensate the Carrier if action, omission or negligence on his part causes Damage to the Carrier due to, in particular, their failure to comply with the provisions of this paragraph or the authorisation given to the Carrier to inspect their Baggage*.
 

6. Security inspection


You shall submit, yourself and/or your Baggage to any security checks by Government officials, airport authorities, any implied Carrier, or by Carrier.

The Carrier may not be held liable for refusing to transport a Passenger, if said refusal is based on the profound conviction that said refusal is warranted by the law, government regulations and/or applicable requirements.

* This condition is added in case of potential penalties the Carrier would have to pay during a custom control, when Passenger has forbidden to transport items in his Baggage and he is not present.

Article XIV – Successive Carriers

1. Carriage to be performed by several successive Carriers, under one Ticket or a Conjunction Ticket, is regarded as a single operation, for the purposes of the Convention. It being understood that each Carrier is responsible only for the Carriage it is performing on its own.
However, your attention is drawn to Article XV/1.c, first point hereunder.

2. When Carriage is done by several successive Carriers, the Carrier shall only be liable for the portion of the Carriage performed using its own resources.

3. In the event of the destruction, loss, Damage or delay of his Baggage, Passenger or his beneficiaries may file a claim against the Carrier that performed the Carriage during which the accident or the delay occurred.

Article XV – Liability for Damage


1. General


The Carrier's liability shall be determined by the General Conditions of Carriage of Air Tahiti, except as otherwise provided for and brought to the Passenger's attention and is subject to rules and restrictions of liability enacted by the Convention. If the Carrier's liability is triggered, it will be triggered under the following conditions:

a. Carriage performed under these General Conditions of Carriage is subject to the liability rules enacted by the Warsaw Convention of 12 October 1929, as amended at The Hague on 28 September 1955 and by some clauses of the Regulation applicable to air Carriage as operated within the European Union, aiming to remove compensation limits for prejudices suffered in such situations, except the cases cited by said regulation. This regulation has for effect to substitute to aforesaid Warsaw Convention some of the European rules texts referenced CE 2027/97 and CE 889/2002 summarized by the memo appended to European rule CE 889/2002;

b. The Carrier shall be liable for the harm caused in the event of death or bodily injury provided that the accident that caused the death or bodily injury occurred on board the aircraft or during any embarkation or debarkation operations, as defined by Article 17 of the Convention;

c. 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:

  • The Carrier´s liability is limited to Damage that occurred during air Carriage for which its 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. However, as regards Checked Baggage, Passengers are entitled to take action against the first or the last Carrier involved in their journey.
  • The Carrier´s liability cannot exceed the amount of the proven direct Damage and the Carrier shall not be liable in any way for any consequential Damage or any form of non-compensatory Damage.
  • The Carrier may in no way be held 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.
  • The Carrier´s liability may not be triggered for Damage to Unchecked Baggage, unless such Damage is directly caused by the Carrier´s fault, or a fault of one of its servants or Agents, which must be proved by the Passenger citing such Damage.
  • The Carrier is not liable for any illness, injury or disability, including the death of a Passenger caused by the Passenger´s physical condition, nor for any aggravation of said same condition.
  • The General 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, its 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. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability.
  • If the negligence or other wrongful action or omission of the person who is requesting compensation or the person whose rights they hold caused the Damage or contributed thereto, the Carrier shall be wholly or partially exempt from its liability with respect to said person, including in the event of death or bodily injury, in accordance with the law in force.
  • Except as expressly otherwise provided for, none of these provisions involve the waiver of the exclusion or limitation of the 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 applicable law.

 

d. With the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier´s liability, in case of Damage caused to checked-in Baggage, will be limited to the amount of 17 SDR per kg and, in case of Damage caused to Baggage accepted in cabin, limited to 332 SDR per Passenger. If the Baggage weight is not shown on the Baggage identification Tag, the total weight of checked-in Baggage is known for not exceeding the authorized Baggage allowance, as it is indicated in the Carrier regulation.

e. The Carrier shall not be liable for Damage that results from the observance by itself of all legal or regulation provisions, or from Passenger's non observance of those same conditions.

f. The Carrier shall not be liable for Damage suffered by Passenger or by Passenger's Baggage where said Damage results from the property contained in said Baggage. If the property contained in the Passenger's Baggage is a cause of Damage to another person or his goods or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.

g. The Carrier shall not assume any specific liability for any Damage caused to fragile, perishable or valuable items or items, currencies, precious metals, silverware, stocks, valuables or other precious items, business documents, passports and other ID documents, samples, medical equipments or others which are placed in checked-in Baggage.


2. Applicable provisions


a. Bodily injury

  • In accordance with Article 17 of the Convention, Carrier shall be liable for Damage sustained in case of death or wounding of or any other bodily injury suffered by the Passenger, if the accident which caused the Damage so sustained took place on board the aircraft or in the course of any of the operations of embarking and disembarking Passengers, under the Convention, and without prejudice to our liability exclusions herebelow:
  • Carrier shall not be liable for the Damage sustained, if we prove that:
    • the death, the wounding or any other bodily injury resulted from the state of health, physical or mental, of the Passenger, as existing before the operations of embarking Passengers;
    • the Damage, under (a) of this Paragraph, has been caused or contributed to by the negligence of the Passenger or by his/her state of health previous to boarding the Flight;
    • we have taken all necessary measures to avoid the Damage or that it was impossible for us to take such measures, under Article 20.1 of the Convention.
  • Amount of compensable Damage:
    • The amount of the Carrier's liability in the event of the death or bodily injury of a Passenger, as defined by paragraph 2.1 (a) above, is not subject to any limitation. The amount of the compensable Damage shall cover the redress of the Damage, as fixed by amicable agreement, by expert appraisal or by the competent courts.
    • Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
  • In the event of death or bodily injury resulting from an air accident, as defined by Article 17 of the Convention and paragraph 2.1 (a) of said Article and pursuant to Article 5 of Regulation (EC) No 889 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027 of 19 October 1997, the person identified as Beneficiary may benefit from an advance to enable them to meet their immediate needs, 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 the law in force, said advance shall be paid within 15 days of the identification of the Beneficiary and shall be deductible from the definitive amount of compensation owed to the deceased Passenger.
    Pursuant to Article 5 of Regulation (EC) No 889 of 13 May 2002 and Article 28 of the Montreal Convention of 28 May 1999, the payment of said advances or early payments does not constitute recognition of liability and said amounts may be deducted from the amounts paid subsequently by the Community Carrier as compensation, depending on the liability thereof.
    Said advance is not refundable except where proof is provided that the negligence or 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.
  • The Carrier reserves all rights to remedies and subrogation against all third parties.

 

b. Delay

  • Features of the compensable Damage:
    • Delay is not a source of prejudice as such : direct Damage only shall be compensable, exclusively of any indirect Damage or any form of non-compensatory Damage;
    • You shall prove the Damage caused by the delay.
  • Extent of Carrier liability:
    • Carrier shall not be liable for Damage occasioned by a delay if we prove that we have taken all necessary measures to avoid the Damage or that it was impossible for us to take such measures.
    • Carrier shall not be liable for Damage occasioned by a delay caused by you or which you have contributed to. As air transport is the only way of transport between the islands in French Polynesia, we recommend you take any necessary measures to avoid any inconvenience if one of our Flight is delayed.
  • Extent of compensation:
    • the amount of the repair is determined by the Damage as proven by you and within the limitations contained in the Convention.
    • in case of a delay of more than 24 hours in the delivery of your Checked Baggage, an amount defined by the Carrier for first expenses will be remitted to the Passenger, if Passenger is not resident of the place where the Baggage have not been delivered.
    • in terms of delay, Carrier shall not be held responsible except the ones mentioned in the present Conditions of Transport.

 

c. Baggage

  • Exclusions of our liability.
    • The Carrier shall not be liable for Damage suffered by a Passenger's Baggage where said Damage results from the nature of or a defect inherent in said Baggage. If the property contained in the Passenger's Baggage is a cause of 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 sub-paragraph below, for any Damage and/or loss caused to fragile, perishable or valuable items or items that are not adequately packed, in accordance with Article IX.5.e.
    • The Carrier shall not be liable for Damage caused in whole or in part to Baggage, due to the negligence, or a wrongful act or omission of the person who is claiming compensation of from the person whose rights they hold.
  • Amount of the compensation:
    • For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could result there from, the Carrier's liability in the event of Damage, Delay or Loss shall be limited to 17 SDR per kg except if an other limit of liability is applicable by the law in force.
    • For Unchecked Baggage accepted on board, Carrier shall be liable only if and when our negligence will have been proven by you. In such a case, Carrier liability shall be limited to the equivalent in applicable currency of 332 SDR per Passenger.
Article XVI – Time limitation on claims and action

1. Notice of claims for Baggage
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the General Contract of Carriage, unless you prove otherwise. No action for Damage, however founded under Article 26 of the Convention shall be brought regarding Checked Baggage unless you deliver a complain to us. If you wish to file a claim or an action regarding the Damage to Checked Baggage, you must notify us or the Carrier, under Article I hereabove, as soon as you discover the Damage and, at the latest, within three (3) days of receipt.

2. Limitation of actions
Any right to Damage shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the Carriage stopped. The method of calculating the period of limitation shall be determined by the law of the Court where the case is heard.

3. Any claim or action mentioned in paragraphs (1) and (2) hereabove must be done in writing and within the indicated time limit.

Article XVII – Court of competent jurisdiction

The present Agreement shall be governed by and construed in accordance with the French law.
All disputes arising out or in connection with this Agreement which cannot be settled amicably between the parties, including any question regarding its existence, interpretation, validity, termination or execution, shall be finally settled under the Rules of Arbitration of the French Polynesia law court, Papeete Tahiti, French Polynesia.
The place of arbitration shall be Papeete Tahiti (French Polynesia) and the language of the arbitration shall be the french language.

Article XVIII – Modification and deletion

No Agent, employee or representative of AIR TAHITI has authority to alter, modify or delete any provision of these Conditions of Carriage.

CARRIER NAME : AIR TAHITI

ABBREVIATION OF NAME : VT

General conditions of sales

Fares

Prices are given all taxes and fuel charges included, in Pacific Francs (XPF).
Rates to/from Bora Bora include the cost of the boat shuttle between the airport and the main island.

There are two Rate categories:

  • "Counter sales" Rates, for Passengers physically present in French Polynesia at the time of Reservation and Ticket issue,
  • "Tourist" Rates, for Passengers located outside of French Polynesia at the time of Reservation and Ticket issue,
  • There are also specific Rates for:
    • Young people, Families, Couples and Seniors. These Rates are only for Passengers physically present in French Polynesia at the time of Reservation and Ticket issue, and who hold Air Tahiti discount cards.
    • Infants and children: babies under 2 and children under 12.

 

Fares are only guaranteed after the Ticket has been issued. Rates given at the time of Reservation are not guaranteed and can be subject to ulterior modifications.

Specific Carriage conditions
  • Babies must be accompanied by an able-bodied adult over 18, if the accompanying adult is not the child's mother or father. Babies are not given seats and are not entitled to a Baggage allowance.
  • Any child between 2 and 12 must be accompanied by an able-bodied adult over 18 unless he is registered as an "Unaccompanied Minor". An accompanying adult can be in charge of 12 children maximum, provided he /she does not already have a baby under 2 in his/her care.
  • The "Unaccompanied Minor" status is available to children of at least 4 years on ATR aircraft Flights only, provided the unaccompanied child does not have any physical or mental handicap.
  • Pregnant women under 8 months of pregnancy can travel without any particular restrictions, unless the pregnancy requires special attention. Women in their 9 th month of pregnancy or undergoing a delicate pregnancy can be accepted on our Flights under special conditions.
  • Passengers requiring special assistance must mention this at the time of Reservation. Air Tahiti retains the right to refuse transport, even after having issued the Ticket, if we deem the Passenger unfit to travel.
  • Passengers whose girth requires them to occupy two seats must inform the airline at the time of Reservation and pay for the second seat accordingly.