In French Polynesia, the Warsaw Convention is applicable according to the Articles L.321-3 and L.322-3 of the Civil Aviation Code, which governs the Carrier's liability even when the transport is not international as per the definition within this Convention. The Warsaw Convention governs and may limit the liability of Carriers for death or bodily injury and respect in case of loss of or damage to Baggage.
Wishing to improve the Passenger rights and to allow for better compensation of prejudices that could be suffered in case of an accident occurring during an air Carriage, Air Tahiti has decided to incorporate into its conditions of transport some clauses of the Regulation applicable to air Carriage as when operated within the European Union, aiming to remove compensation limits for prejudices suffered in such situations, except for 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.
NOTICE : Carrier reserves the right to refuse Carriage to any person who has acquired a Ticket in violation of applicable law or Carrier's tariffs, rules or regulations.
1. As used in this Contract "Ticket" means this Passenger Ticket and Baggage check, or this Itinerary/Receipt if applicable, in the case of an electronic Ticket, of which these conditions and the notices form part, "Carriage" is equivalent to "transportation", "Carrier" means all air Carriers that carry or undertake to carry the Passenger or his Baggage hereunder or perform any other service incidental to such air Carriage, "electronic Ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the electronic Coupons and, if applicable, a boarding document. "Warsaw Convention" means the Convention for the unification of certain rules relating to international Carriage by air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.
2. The Carriage accomplished under this Ticket is subject to the rules and conditions of liability detailed by the European rules n°2027/97 and n°889/2002 for the part concerning the conditions of air Carrier liabilities regarding Passengers as to compensation of prejudices they could suffer in case of an accident occurring during an air Carriage, excluding of any other rule (notably concerning the attributions of competence, or claim relating to freight, Baggages etc., not involving Passenger) which remain governed by regulation applicable to air Carriage in French Polynesia.
3. To the extent not in conflict with the foregoing Carriage and other services performed by each Carrier are subject to: (I) provisions contained in the Ticket; (II) applicable tariffs; (III) Carrier's conditions of Carriage and related regulations which are made part hereof (and are available on application at the offices of Carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
4. Carrier's name may be abbreviated in the Ticket, the full name and its abbreviation being set forth in Carrier's tariffs, conditions of Carriage, regulations or timetables ; Carrier's address shall be the airport of departure shown opposite the first abbreviation of Carrier's name in the Ticket ; the agreed stopping places are those places set forth in this Ticket or as shown in carrier's timetables as scheduled stopping places on the Passenger's route ; Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.
5. An air Carrier issuing a Ticket for Carriage over the lines of another air Carrier does so only as its Agent.
6. Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of Agents, servants and representatives of Carrier and any person whose aircraft is used by Carrier for Carriage and its Agents, servants and representatives.
7. Checked Baggage will be delivered to the bearer of the Baggage check. In case of Damage to Baggage moving in international transportation complaint must be made in writing to Carrier forthwith after discovery of Damage and, at the latest, within 7 days from receipt; in case of delay, the complaint must be made within 21 days from the date the Baggage was delivered. See tariffs or conditions of Carriage regarding non-international transportation.
8. This Ticket is good for Carriage for one year from date of issue, except as otherwise provided in this Ticket, in Carrier's tariffs, conditions of Carriage, or related regulations. The Fare for Carriage hereunder is subject to change prior to commencement of Carriage. Carrier may refuse transportation if the applicable Fare has not been paid.
9. Carrier undertakes to use its best efforts to carry the Passenger and Baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this Contract. Carrier may without notice substitute alternate Carriers or aircraft, and may alter or omit stopping places shown on the Ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
10. Passenger shall comply with Government travel requirements, present all exit, entry and other required documents and arrive at the airport by the time fixed by Carrier or, if no time is fixed, early enough to complete departure procedures.
11. No Agent, servant or representative of Carrier has authority to alter, modify or waive any provision of this Contract. Some Fares are subject to special sale and Carriage conditions. Information in our agencies.
Certains tarifs sont soumis à des conditions particulières de vente et de transport.
Renseignements dans nos agences.
Notice: Carriage and other services provided by the Carrier are subject to conditions of Carriage, which are hereby incorporated by reference . These conditions may be obtained from the issuing Carrier.
Formalities: The Passenger should carry all necessary documents for the travel (in case of any doubt, please refer to your travel Agent / AIR TAHITI selling offices.
Appended memo to European Rule n°889/2002
AIR CARRIER'S LIABILITY TOWARDS PASSENGERS
The present information memo summarizes the rules of liability applied by Air Carriers as required by the European Union legislation and Montreal Convention.
Compensation in case of death or injury
There is no financial limit to the liability for Passenger injury or death. For Damages up to 100.000 SDRs (approximately equivalent to 100.000 Euros),no exception to its liability can be put forward by the Air Carrier, unless resulting from a Passenger's fault. Passenger has to only bring the evidence of the suffered prejudice Above that amount, the air Carrier can defend itself against a claim only by providing the evidence that it was not negligent or otherwise at fault.
In the unlikely event that a Passenger is killed or injured, the air Carrier must make an advance payment, to cover immediate economics needs, within 15 days from identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16.000 SDRs (approximate equivalent to 16.000 Euros).
Liability of contracting and actual Carriers
If case that the air Carrier actually performing the Flight is not the same as the contracting air Carrier, the Passenger has the right to address a complaint or to make a claim for Damages against either Carriers. If the name or Code of an air Carrier is indicated on the Ticket, that air Carrier is the contracting Carrier.
Limited period of time for action
Any court action to claim for Damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Sources for information on above mentioned regulation
Above mentioned rules are based upon the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) N) 2027/97 (as amended by Regulation (EC) N°889/2002) and national legislation of the Member States.
Liability for loss or Damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid.
For most international travel (including domestic portions of international journeys), the liability limit is approximately US $ 9.07 per pound (US $ 20 per kilo) for Checked Baggage and US $ 400 per Passenger for Unchecked Baggage.
Excess valuation may be declared on certain types of Articles.
Some Carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the Carrier.
The price of this Ticket may include taxes and fees which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the Fare, or shown separately in the « TAX » section of this Ticket. You may also be required to pay taxes or fees that have not been already collected.
On Air Tahiti Flights, an important number of customers book and cancel their Reservations. On the other hand, a certain number of customers make Reservations but do not show for the Flight. Therefore, in order to take into account all these circumstances and offer better availability on its Flights, Air Tahiti sometimes overbooks its Flights.
Air Tahiti strives to honour all the bookings made on its Flights but there is slight risk of not boarding that exists.
In this case and provided :
- You are holding a Ticket issued with a public Fare
- You have a firm Reservation for this Flight,
- You complied with our Conditions of Carriage
- You have checked in before the check-in time limit
Air Tahiti will give you a financial compensation immediately. Please feel free to contact us for any additional information.
We will provide Carriage only to the Passengers named on the Ticket. Passenger must provide positive identification. From this matter, ID document is mandatory at check-in and during all the travel.
In case of loss of Ticket or mutilation of Ticket, you will be required to pay up the applicable Ticket price for a replacement Ticket and establish a lost declaration Ticket.
At the end of validity of the Ticket, one year after issuance, you will be able to request from Air Tahiti the reimbursement of the lost Ticket, unless this lost Ticket has been used in any way by anyone.
This reimbursement will be processed according to the Fare conditions: full, partial or non-refundable. Services charges apply. If you have not checked-in on the Flight and have not cancelled your Reservation, a no-show penalty will be charged.
A person who has a confirmed booking and do not show for the Flight is called a no-show.
If you know that you will not be able to travel on the Flight your are booked on, please call us as soon as possible, you will avoid the no-show fees.
Air Tahiti limited liability company with capital of 2 760 000 000 XPF
Headquarters : Tahiti - Faa'a airport
BP 314 - 98713 Papeete – Tahiti – French Polynesia
R.C. Papeete N° 1114
N° Tahiti 023598