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General Conditions of Carriage
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Article 18 - Administrative formalities
18.1. General Provisions
Passengers are required, under their own responsibility, to procure all the specific documents, visas and permits required for their journey and, where applicable, for that of their minor children and/or passengers for which they are responsible and/or Pets travelling with them, and must also comply with the applicable regulations of States (departure, arrival and transit), as well as with the Carrier’s instructions.
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 Article 18.1 (a).
18.2. Travel Documents
Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the regulations in force in the departure, arrival and transit States. Passengers are moreover required to hand over to the Carrier and/or allow the Carrier to make a copy of said documents, if required, or to record information contained therein.
The Carrier reserves the right, in accordance with Article 9, to refuse carriage if a Passenger fails to comply with the applicable regulations or if the Carrier has doubts as to the validity of the documents presented.
The Carrier may not be held liable for the consequences (in particular losses or expenses) suffered by Passengers who fail to comply with the applicable regulations.
18.3. Refusal of Entry
If a Passenger is refused entry to a territory, they must pay all the resulting charges or fines imposed on the Carrier by the local authorities, as well as the Gross Fare for carriage if the Carrier, due to a government order, is required to return the Passenger to their departure location or elsewhere. The price of the Ticket purchased for carriage to the destination, for which entry to the territory was refused, shall not be refunded by the Carrier.
18.4. Passenger Liability for Fines, Detention Costs, etc.
If the Carrier has to pay or deposit a fine or penalty or incur expenses of any kind due to the non-compliance, whether voluntary or involuntary, by a Passenger with the law in force in the States in question, or due to a failure to present the required documents, or the presentation of invalid documents, the Passenger must, at the Carrier’s request, reimburse the amounts thus paid or deposited and the disbursements incurred. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier.
18.5. Customs Inspections
Passengers may be called on to be present at the inspection of their Baggage (delayed, Checked or Unchecked) on the request of customs officers or any other government authority. The Carrier may not be held liable for damage or losses suffered by Passengers as a result of such inspections, in particular if the latter refuse to be present at the inspection of their Baggage.
Passengers must compensate the Carrier if action, omission or negligence on their part causes damage to the Carrier due, in particular, to their failure to comply with the provisions of this article or the authorisation given to the Carrier to inspect their Baggage.
18.6. Security Checks
Passengers are required to undergo the security (and safety) checks required by government or airport authorities, as well as on the request of the Carrier.
The Carrier may not be held liable for refusing to carry a Passenger, in particular in the event that such a refusal is based on the profound conviction that said refusal is warranted by the applicable law, regulations and/or requirements.
Article 19 - Liability for damage
19.1. General Provisions
The Carrier’s liability shall be determined by the Contractual Carrier´s General Conditions of Carriage, except as otherwise provided for and brought to the Passenger’s attention. If the Carrier’s liability is incurred, it will be incurred under the following conditions:
Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air.
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 disembarkation operations, as defined by Article 17 of the Convention.
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 occurring 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 may not exceed the amount of proven direct Damage and the Carrier shall not be liable, in any way, for 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 a failure to comply with said same provisions by the Passenger.
The Carrier may not be held liable for Damage to Unchecked Baggage, unless such Damage is caused directly by a failure or action on the part of the Carrier, one of its officials 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 deterioration in said same condition.
The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier’s Authorised Agents, its officials and agents, who have performed their jobs, its representatives and the owner of the aircraft used by the Carrier, as well as the said owner´s staff, employees and representatives. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability.
If negligence or another wrongful action or omission on the part of the person who is claiming 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 regard 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, officials, agents or representatives, in accordance with the Convention and applicable law.
19.2. Provisions Applicable to International and Internal Flights
19.2.1. Bodily Injury:
In accordance with Article 17 § 1 of the Montreal Convention of 28 May 1999, the Carrier is liable for Damage sustained in the event of the death or bodily injury suffered by a Passenger, if the accident that caused the Damage occurred on board the aircraft or in the course of any embarking or disembarking operations, pursuant to the aforementioned Convention, and subject to any liability exemptions.
The Carrier shall not be liable for the Damage if it provides proof that:
The death or bodily injuries suffered were a result of the physical or mental health of the Passenger prior to the Passenger boarding the flight.
The Damage, as defined by paragraph 2.1 (a) was caused, in whole or in part, by negligence, a wrongful act or omission on the part of the person claiming compensation, or the person whose rights they hold, in accordance with Article 20 of the Montreal Convention of 28 May 1999.
The Damage is not due to negligence, or another wrongful act or omission on the part of the Carrier, its officials or agents, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, pursuant to Article 21 § 2 (a) of the Montreal Convention of 28 May 1999.
The Damage results solely from negligence, or another wrongful act or omission on the part of a third party, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, pursuant to Article 21 § 2 (b).
Amount of compensable Damage:
The extent of the Carrier’s liability in the event of the death or bodily injury of a Passenger, pursuant to paragraph 2.1 (a) above, is not subject to any limitation. The amount of compensable Damage shall cover redress of the Damage, as determined by amicable agreement, expert appraisal or 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.
The Carrier reserves all rights of recourse and subrogation against all third parties.
In the event of death or bodily injury resulting from an air accident, pursuant to Article 17 of the Montreal Convention of 28 May 1999 and paragraph 2.1 (a) of this 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 the Beneficiary may benefit from an advance to enable them to meet their immediate needs, in proportion to the material damage sustained. 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 amounts paid subsequently by the Community Air Carrier as compensation, depending on the liability thereof.
Said advance is not refundable except where proof is provided that negligence or another wrongful act or omission on the part of the person claiming 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.
(a) Characteristics of compensable Damage:
Solely proven direct Damage that directly results from a delay is compensable, to the exclusion of all consequential Damage or any other form of Damage other than compensatory Damage.
The Passenger must prove the existence of Damage resulting directly from the delay.
(b) Extent of the Carrier’s liability:
The Carrier shall not be liable for Damage resulting from a delay if it proves that it, its officials or agents took all the measures that could reasonably be required to prevent the Damage or that it was impossible for it to take such measures.
The Carrier is not liable for the Damage resulting from a delay, if the delay is attributable to the Passenger or if the Passenger contributed thereto, i.e. if the Damage results in whole or in part from negligence, or a wrongful act or omission on the part of the person who is claiming compensation or of the person whose rights they hold.
(c) Extent of Compensation:
In the event of Damage suffered by Passengers resulting from a delay, as defined by the Montreal Convention of 28 May 1999, and with the exception of acts or omissions on the part of the Carrier or the latter´s officials committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 4,694 SDR per Passenger. The amount of compensation shall be determined in light of the Damage proved by the Passenger.
In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 1,131 SDR per Passenger. Lump-sum compensation (intended to cover the costs of immediate requirements) may be granted to Passengers.
In accordance with Article 17 of the Montreal Convention of 28 May 1999, the Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the incident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
Exclusions of the Carrier’s liability:
The Carrier shall not be liable for Damage suffered by a Passenger’s Baggage where said Damage results from the nature of or an inherent defect 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 (c) below, for any Damage and/or loss caused to fragile or valuable items or items that are not adequately packed, as specified in Article 10.1.2., unless the Passenger has made a Special Declaration of Interest as provided for in Article 10.2.3. and has paid the corresponding surcharge.
The Carrier shall not be liable for Damage caused in whole or in part to Baggage, due to negligence, or a wrongful act or omission on the part of the person who is claiming compensation, or the person whose rights they hold.
(c) Amount of Compensable Damage:
For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, the Carrier’s liability in the event of Damage shall be limited to 1,131 SDR per Passenger. If a higher value was declared, pursuant to Article 10.2.3., the Carrier’s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger’s genuine interest at the time of delivery.
For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of proven fault on the part of the Carrier, its officials or agents. In this case, said liability shall be limited to 1,131 SDR per Passenger.
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Article 20 - Time limitation on claims and action
20.1. Notification of Claims for Baggage
(a) The receipt of Checked Baggage without any complaint from the Passenger within the scheduled timeframes shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in a good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently may not be taken into account. In the same way, any item noted as missing from Baggage must imperatively be declared to the Carrier as soon as possible. Any late declarations may not be taken into account.
(b) In the event of damage, delay, loss or destruction of Baggage, the Passenger in question must file a written complaint with the Carrier as soon as possible and at the latest within a period of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date on which the Baggage was made available to the Passenger. If a complaint is not filed within the time limits stipulated, all action against the Carrier shall be inadmissible, except in the event of fraud by the Carrier. If the complaint was lodged within the stipulated time limits of seven (7) or twenty-one (21) days and no conciliation has been reached between the Carrier and the Passenger, the Passenger may file an action for damages within two years of the arrival date of the aircraft, or of the date on which the aircraft was scheduled to land.
20.2. Liability Actions for Passengers
All liability actions must be filed, under penalty of forfeiture, within two years from the arrival at destination, or from the date on which the aircraft was scheduled to arrive or from the end of the carriage. The method for calculating the time limit shall be determined by the law of the Court before which proceedings are brought.
20.3. All the claims or actions mentioned in paragraphs 20.1 and 20.2 above must be made in writing, within the time limits specified.
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