Condiçoes de transporte

General Terms and Conditions of Carriage
(publication 07.09.2016)
 
 
ARTICLE 1: DEFINITIONS
 
IATA International Agreements
Designates the inter-carrier agreements related to the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), which have been applied by carriers who are members of the International Air Transport Association (See IATA) since 1 April 1997, and which come under the legal framework of international texts on carriers’ liability set out under points (a) to (d) of the term “Convention” defined below.
 
Air Carriage (or Air Travel)
Designates the carriage of a Passenger and their Baggage, i.e. from boarding operations to landing operations, as defined by the applicable Convention.
 
Animal
Designates only a cat or a dog accompanying, in the cabin or in the cargo compartment, the passenger who is the owner or the natural person who takes responsibility during the journey.
 
Authorised Agent
Designates a physical or legal entity approved by the Carrier to represent it in the sale of air tickets on its services.
 
Baggage
Designates the effects and other personal objects accompanying the Passenger during their journey. Unless otherwise stipulated, this term designates both Checked Baggage and Unchecked Baggage.
 
Baggage Identification Form
Designates a tag issued by the Carrier for the sole purpose of identifying Checked Baggage and that includes a part that is affixed to the Baggage (”Baggage Label” or “Tag”) and another part that is issued to the Passenger for the identification of said Baggage ("Baggage Check"). 
 
Baggage Label or Tag
Designates the part of the Baggage Identification Form attached to Checked Baggage.
 
Carrier
Designates AIR AZUR or any other carrier for which the Designator Code appears on the Ticket or on a Conjunction Ticket.
 
Chartering
Designates the operation by which the Carrier, having concluded a Contract of Carriage with the Passenger (”Contractual Carrier”), delegates the task to carry out all or part of the Air Carriage to another Carrier (”Actual Carrier”). Also designates the operation by which any other of the Passenger’s contractors (for example, a travel agent) entrusts a Carrier with the task of providing all or part of the Air Carriage.
 
Checked Baggage
Designates Baggage which is taken care of by the Carrier and for which a Baggage Identification Form is issued.
 
Check-in Deadline (CID)
Designates the time limit indicated for each flight before which Passengers must have carried out their check-in formalities and be in possession of their boarding card or pass.
 
Claimant
See under “Person having the right to compensation”
 
Close Family
Designates spouses, partners, parents, brothers and sisters, children, adoptive parents and grand-parents.
 
Code Share
Designates a flight operated by an Air Carrier that can be either the Carrier with which the Passenger has concluded a Contract of Carriage ("Contracting Carrier" or "Contractual Carrier"), or another Carrier (Carrier providing the flight or "Actual Carrier") with which the Contracting Carrier has associated its Designator Code.
 
Community Air Carrier
Designates an Air Carrier that holds a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (CE) N°1008/2008 of 24 September 2008  establishing the common rules for the operation of air services in the Community (revision).
 
Conjunction Tickets
Designates a ticket the issuing of which is made necessary due to the large number of coupons of a main Ticket of which the whole constitutes a single and same Contract of Carriage.
 
Contract of Carriage
Designates all of the documents in which the clauses and notes have an effective contractual value between the Carrier and the Passenger. It is composed:

  • of the declarations and stipulations shown on the Ticket or in the Ticket wallet,
  • of the declarations and stipulations shown on the Travel Memo (or Itinerary Receipt),
  • of these General Terms and Conditions of Carriage,
  • of the General Terms and Conditions,
  • of the fare conditions,
  • of the annexes to these General Terms and Conditions,
  • of Carriage,
  • of the advice to passengers.

 
Convention
Designates, as the case may be:

  • The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw, 12 October 1929 (the “Warsaw Convention”).
  • The Convention on International Civil Aviation signed in Chicago, 7 December 1944 (the "Chicago Convention").
  • Regulation (EC) n°2027/97 of the Council of 9 October 1997 on air carrier liability in the event of accidents, modified by the Regulation (CE) n°889/2002 of the European Parliament and Council Of Europe of 13 May 2002 (the "Regulation (C) n°2027/97").
  • European regulation (EC) n°261/2004 of the European Parliament and Council of Europe of 11 February 2004 establishing the common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights (the "Regulation (EC) n°261/2004").
  • Regulation (EC) n°1107/2006 of the European Parliament and of the Council of Europe of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (the "Regulation (EC) n°1107/2006").

 
Coupon
Designates either a paper Flight Coupon or an Electronic Coupon, each of which shows the name of the Passenger who should take the flight identified on the Coupon.
 
Days
Designates the calendar days that include the seven days of the week, it being understood that in the event of notice being issued, the dispatch day is not included and that, in order to determine the validity of a Ticket, the date of Ticket issue or the flight departure date are not counted.
 
Designation Code
Designates the code comprising two or three alphabetical letters/characters which identify each Carrier.
 
Electronic Coupon
Designates an Electronic Flight Coupon or any other document that has the same value, which is stored in the Carrier’s database.
 
Electronic Ticket
Designates the Ticket stored by the Carrier, or at its request by a Booking information system, and which is confirmed by the Travel Summary (also called an “Itinerary Receipt”), the electronic Flight Coupon or any other document with the same value, issued by the Carrier or by an Authorised Agent.
 
Fares
Designates the fare for a journey reserved by the Passenger, in a reservation class, for given routes, flights and, where applicable, dates. The Fares also include Taxes, when required by current law.
 
Fees linked to the pricing conditions
Designates the fees invoiced, where applicable, to the Passenger, by the Carrier or its Authorised Agent particularly in return for the modification, reissuing or refunding the cost of the Ticket.
 
Flight Coupon
Designates the part of the Ticket identified as being "valid for carriage" or, for Electronic Tickets, the Electronic Coupon that shows the exact points between which the Passenger must be carried.
 
Force Majeure
Designates circumstances that are external to the party citing them and who can provide evidence of them, that are abnormal and unpredictable, the consequences of which could not have been avoided despite all the care and attention exercised, as this notion is defined in French law.
 
Internal Flight
Designates any flight for which the departure and arrival town are within the same State, within territorial continuity.
 
International Flight
Designates, as defined by the Chicago 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, or in 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 Coupon or Passenger Receipt
Designates the part of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.
 
Passenger
Designates any person who is in possession of a Ticket, except members of the crew, who is carried or to be carried by plane.
 
Passenger with Reduced Mobility
Designates, in accordance with (EU) Regulation n°1107/2006 of the European Parliament and Council of Europe of 5 July 2006, the rights of disabled people and people whose mobility is reduced when using a means of transport because of any physical disability (sensory or locomotor, permanent or temporary), intellectual handicap or impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s particular needs of the services made available to all Passengers.
 
Person Entitled to Compensation
Designates the Passenger or any person who can claim compensation on behalf of said Passenger, in accordance with the applicable law.
 
Personal Information
Designates any information relating to the Passenger enabling them to be identified by reference to an identification number or to one or several elements belonging to them.
 
Reservation 
Designates any request for carriage made by a Passenger and recorded by the Air Carrier or its Authorised Agent.
 
Schedule
Designates the list of departure and arrival times for the aircraft, as shown in the schedule guides published by the Carrier, or under its authority, or as brought to the attention of the public by electronic means.
 
Special Declaration of Interest
Designates the option given to the Passenger to declare in writing the value of their Checked Baggage when it is greater than the value fixed as the liability limit by the Montreal Convention. In this case, the Passenger must pay an additional sum determined in the general conditions of sale.
 
Special Drawing Right
Designates a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF.
 
Stop-Over
Designates a scheduled stop by the Passenger during their journey, at a stop between the point of departure and the point of destination and which is shown on the Ticket.
 
Stopovers
Designates the points, with the exception of the points of departure and arrival, shown on the Ticket or mentioned in the Schedule as planned stopovers on the Passenger’s itinerary.
 
Taxes
Designates the fees, taxes and charges imposed by governments, an airport operator or any other authority.
 
Ticket
Designates either the document entitled “Passenger Ticket and Baggage Identification Form”, or the physical or virtual ticket establishing the right to carriage issued by the Carrier or by an Authorised Agent in its name. It marks the existence of the Contract of Carriage, includes Flight Coupons and notices to passengers and includes, by return, these General Terms and Conditions of Carriage.
 
Ticketing Fees
Designates the fees invoiced, where applicable, to the Passenger, by the Carrier or its Authorised Agent in return for the service of issuing the Ticket. Their amount is fixed by the issuer of the Ticket (the Carrier or the Authorised Agent, according to circumstances).
 
Travel Memo (or Itinerary-Receipt)
Designates one or more documents that the Carrier issues to the Passenger, which confirm(s) the issue of a Ticket. It bears the Passenger's name, information on the flight and notices to Passengers. It may also be called an “Itinerary-Receipt”.
 
Unchecked Baggage
Designates any Baggage belonging to the Passenger other than Checked Baggage. This Baggage remains under the care of the Passenger
 
ARTICLE 2: SCOPE OF APPLICATION
 
 
2.1.    General provisions
(a) Subject to the provisions of paragraphs 2.2 and 2.3 below, these General Conditions of Carriage apply to any flight, or part of a flight, for which the Carrier's Designator Code appears in the “carrier” box on the Ticket or the corresponding Coupon.
 
(b) These General Conditions of Carriage also apply to carriage on a purely free basis or reduced fare, except where there are contrary provisions in the Contract of Carriage or any other contractual document which would bind the Passenger to the Carrier.
(c) These General Conditions of Carriage are established pursuant to the Convention as well as the IATA Agreements defined in article 1 and can be consulted on the Aigle Azur website or with the authorised agents.
 
2.2.    Charters or Code Shares
If transport is carried out under the terms of a Charter or Code Share, the General Conditions of Carriage apply, in particular when these prove more favourable than those of the Actual Carrier.
 
The Passenger is informed, at the moment of the conclusion of the Contract of Carriage, of the identity of the Actual Carriers. After the conclusion of the Contract of Carriage, another carrier, than that indicated on the Ticket, can operate Air Carriage concerned. The Carrier will then inform the Passenger of the identity of the carrier, as soon as it is known. In any event, the Passenger will be informed at the latest during the check-in or, in the event of connection without prior check-in or when the Passenger has checked-in online, before the boarding operations in accordance with the regulations in force.
 
2.3.    Predominance of the law
These General Conditions of Carriage are applicable to the extent that they are not contrary to the law in force or the Fares advertised, in which cases, this law or these Fares would prevail. The possible invalidation of one or several provisions of these General Conditions of Carriage will be without effect on the validity of the other provisions.


 
 
ARTICLE 3: TICKETS
 
3.1.    General provisions
(a) The Ticket proves the existence of the Contract of Carriage. Only the Passenger whose name is shown on the Ticket can benefit from the Carriage service. The Carrier reserves the right to ask the Passenger to produce valid identity documents at any time, and any other document required by the authorities. The surname and first name shown on the Ticket must correspond exactly to those shown on the proof of identity and presented by the Passenger, in the contrary case, the Passenger may not be allowed to board.
 
(b) A Ticket is not transferable.
 
(c) Certain Tickets, sold at reduced Fares, are partially or completely non-refundable. It is the Passenger’s responsibility to consult the conditions applicable to the Fare that they have chosen before buying the Ticket and, where necessary, to take out the appropriate insurance to cover their needs.
 
(d) Passengers may only be carried if they are able to present a valid Ticket that contains the corresponding Coupon for the flight in question and all other unused Flight Coupons, as well as the Passenger Coupon. Moreover, a Ticket that is damaged or that has been modified by a person other than the Carrier or one of its Authorised Agents shall not be valid for carriage.
 
3.2. Force Majeure
If a Passenger possesses a Ticket, as described in Article 3.1 (c) and they are able to provide proof of a case of Force Majeure preventing them from using their Ticket, then the Carrier shall issue the Passenger with a credit note corresponding to the Fare (all taxes included) for their non-refundable and/or non-modifiable Ticket, which is valid for one (1) year, for a subsequent journey on the Carrier's flights and subject to the applicable Fares Conditions, provided that the Passenger informs the Carrier as soon as possible before the date of the flight.
 
3.3.    Period of Validity
(a) Unless otherwise provided for in these General Conditions of Carriage or on the Ticket (in the event of Fares affecting the validity of a Ticket, as indicated on the ticket itself), a Ticket is valid for carriage:

  • for one (1) year, as from its date of issue or,
  • for one (1) year as from the date of use of the first Coupon, if such use occurs within one year of the date of issue.

 
(b) If the Passenger is prevented from travelling during the period of validity of their Ticket because at the time when they request a Reservation on a flight, the Carrier is not able to confirm this Reservation:

  • either the validity of said Ticket shall be extended,
  • or the Ticket may be refunded, under the conditions provided for in Article 11 below, even in the event that the Ticket is non-refundable,
  • the Passenger will accept a corresponding fare readjustment.

 
3.4.    Flight Coupons Order of Use
(a) The Ticket purchased is valid only for the Carriage shown on it, from the departure point to the arrival point, via any Stopover scheduled when the Ticket was purchased. The Fare paid corresponds to the journey indicated on the Ticket and constitutes an essential element in the Contract of Carriage agreed between the Carrier and the Passenger.
 
(b) If the Passenger does not use their Coupons in their order of issue, a new Fare will then be calculated corresponding to this change. The Passenger should then pay the difference between the Fare corresponding to the journey purchased and the newly calculated Fare. If the new Fare is lower than old one, the Carrier will refund the difference to the Passenger, but, in all the cases, their old Coupons will no longer have any value and will not allow them to be carried.
 
(c) If the Passenger wishes to change all or part of their journey and if the fare conditions which are applicable to it make it possible, they should contact the Carrier. The Fare will be recalculated and the Passenger will then have the option to accept the new Fare or to maintain the original Carriage as shown on the Ticket.
 
If certain changes do not involve Fare modification, others, such as change of the point of departure (for example, if the first Coupon is not used) or of arrival, can have the effect of modifying the Fare.
Many Fares are valid only on the dates and for the flights indicated on the Ticket and cannot be modified except on payment of the Fees related to the additional fare conditions (supplementary fare or a modification penalty).
 
If the Passenger wishes to modify their Ticket due to Force Majeure, they should contact the Carrier as soon as possible who will endeavour to carry the Passenger to their next Stopover or to their destination without change of Fare.
 
(d) Each Flight Coupon of the Passenger's Ticket will be valid for Carriage in the class specified on the Coupon, on the date and for the flight corresponding to Reservation made. If a Coupon is originally issued without mention of a Reservation, a Reservation can be made later on, in accordance with the Fares in force and within the limit of the places available on the flight requested.
 
3.5.    Identification of the Carrier
Notwithstanding the provisions of article 2.2, the Carrier's identification may be shown as an abbreviation on the Ticket, using its Designator Code or in any other form.
 
ARTICLE 4: FARES, FEES, TAXES AND CHARGES
 
4.1.    Fares
Fares apply solely to carriage from the point of departure to the point of arrival, unless otherwise stated. They do not include ground carriage between airports or between airports and town terminals. The price of the Ticket shall be calculated in accordance with the Fares in force on the date of purchase of the Ticket, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may have an impact on the applicable Fare.
 
4.2.    Choice of itinerary
Unless otherwise stated in the provisions in the Contract of Carriage or any other contractual document which binds the Carrier and the Passenger, the Fares apply exclusively to the planned Journey, to this Contract or to this document. If there is more than one possible itinerary for the same Fare, the Passenger can choose their preferred itinerary before the issuing of their Ticket.
 
4.3.    Taxes
All Taxes will be the payable by the Passenger. At the time of the purchase of their Ticket, the Passenger will be advised of the Taxes which will be included in the Fare which, in the majority of the cases, are shown separately on the Ticket. They are constantly changing and can be created (or increased) after the date of purchase of the Ticket, in which case the Passenger will be obliged to pay the corresponding amount. Conversely, if such Taxes paid by the Passenger in addition to the Fare, are reduced or abolished, the Passenger may ask for a refund.
 
4.4     Issue Fees Charged by the Carrier
The Passenger may be charged Issue Fees by the Carrier in consideration for the service of issuing a Ticket.
Issue Fees differ depending on the type of journey, the Fare and the Ticket distribution channel. These Fees are added to the Fare and to the Taxes.
The Issue Fees charged by the Carrier, where applicable, are non-refundable, except where a Ticket is cancelled due to an error on the part of the Carrier.
The Passenger shall be informed prior to finalisation of their Reservation of the amount of Issue Fees that will be charged to them by the Carrier.
The amount of Issue Fees charged by Aigle Azur can be consulted on its website as well as through its services.
 
4.5.    Payment Currency
The Fares and Taxes are payable in the currency of the country where the Ticket was purchased, unless another currency is specified, by the Carrier or its Authorised Agent, when the Ticket is purchased or beforehand (for example, due to local currency not being convertible). Moreover, the Carrier may, at its discretion, accept payments in another currency.
 
4.6.    Conditions for modification and cancellation of the Ticket pertaining to the Fare
Carriage for a given itinerary and with a given Schedule may be subject to several different Fares, independently to the class chosen by the Passenger.
These differences in Fares are payable Fees related to the fare conditions in the event of modification or of cancellation of the Ticket on the initiative of the Passenger.
If the Passenger does not choose the same fare conditions for several flights which are the subject of a single Contract of Carriage, the said Contract may have more restrictive conditions applied to it when the desired modification or cancellation affects several flights subject to different conditions.


 
 
ARTICLE 5: RESERVATIONS
 
5.1.      Requirements related to the Reservation
(a) The Carrier or its Authorised Agent will record the Passenger's Reservation and, at their request, will be able to provide them with written confirmation of it.
 
(b) Certain Fares may be subject to conditions which limit or exclude the option to change or cancel these Reservations.
 
5.2.      Deadline for issue of the Ticket
If the Passenger has not made payment for their Ticket before the deadline for issue indicated by the Carrier or his Authorised Agent, the Carrier may cancel the Passenger's Reservation and make use of the seat thus made available.
 
5.3.      Personal information
The Passenger acknowledges that information of a personal nature relating to them is communicated to the Carrier when they make a Reservation in accordance with article 17 of these General Conditions of Carriage.
 
5.4. Allocation of seats
The Carrier endeavours to satisfy the Passenger's requests concerning the allocation of seats, but cannot guarantee the allocation of a given seat, even if the Reservation is confirmed for said seat. The Carrier reserves the right to modify the allocation of seats at any time, including after boarding, this being sometimes made necessary by operating, security or safety imperatives, or for reasons of Force Majeure.
On the assumption that the new seat allocated by the Carrier has the same characteristics as the seat initially reserved by the Passenger, the Passenger will be unable to claim a refund of any kind.
 
Notwithstanding the first paragraph of this article, as soon as a Passenger expresses the wish, at the time of the Reservation, to have more than one (1) seat made available to them, for personal reasons or for comfort, which they do not have to justify, they should then pay for the number of seats thus reserved according to applicable Fares.
 
If the Passenger presents themselves at the time of check-in or boarding without having made a Reservation for an additional seat and where it is necessary for reasons of safety that they should have use of an additional seat, the following measures will apply depending on the particular case:

  • If additional seats are available on the Flight, the Carrier will be able to make an additional seat available to the Passenger;
  • If no additional seat is available on the Flight concerned, the Carrier will then ask the Passenger to defer his Journey to a less busy Flight.

 
5.5.      On-board services
When a free on-board service is offered to passengers, the Carrier will endeavour to satisfy Passengers' requests concerning the services provided, such as special drinks or meals.
These requests must be made at the time of the Reservation, or at the latest forty-eight (48) hours before departure.
 
However, the Carrier cannot be held liable if requirements linked to safety and security or reasons beyond the control of the Carrier, constituting Force Majeure, do not allow it to provide the adapted services, even if those were confirmed at the time of Reservation.
 
ARTICLE 6: CHECK-IN AND BOARDING
 

  1. At the risk of having their Reservation cancelled, the Passenger should respect the Check-In Deadline shown on their Ticket. In this respect and for information, it should be noted that Check-In Deadlines may vary from one airport to another.

If such information is not shown on their Ticket, the Passenger should present themselves at the check-in desk at the latest sixty (60) minutes before the time of departure of their flight.
 

  1. The Passenger must be present at the boarding gate prior to the boarding time specified by the Carrier. Failing this, the Carrier may cancel their Reservation.

 

  1. The Carrier may not be held liable in any way, in particular for any loss, damage or disbursement, if a Passenger has not complied with the conditions of this article.

 

  1. If the Passenger does not arrive in time at the check-in desk or at the boarding gate, or if they do not have the appropriate travel documents, as indicated in article 13 below, or lastly, if their Baggage should contain an unauthorised object as described in article 9.3 below, and that they should thus be unable to travel, the Carrier may cancel their Reservation and use their seat, without engaging their liability with regard to the Passenger.

 

  1. When a Flight Coupon has not been taken at the check-in desk, at the time when the Passenger receives their boarding card, the Coupon in question remains under the care of the Passenger and they should give the Coupon to the Carrier at the time of boarding.

 
ARTICLE 7: SPECIAL ASSISTANCE
 
7.1.      General provisions
(a) Certain passengers, because of a situation which affects them, in a permanent or temporary manner, may have to carry out certain additional formalities and/or to ask for special assistance.
 
A request for special assistance should be made at the time of Reservation or at the latest thirty-six (36) hours before departure.
If the request for special assistance is made after the Reservation and less forty-eight (48) hours before departure, the Carrier will endeavour to satisfy the request in accordance with the applicable regulations. In particular taking into account the time limit and the specificities of the assistance requested, but the Carrier could not be to be deemed liable if it should be impossible to fulfil the request.
 
(b) The Passengers covered by this article are:

  • Passengers with Reduced Mobility,
  • Pregnant women,
  • Babies, and  
  • Unaccompanied minors.

 
(c) If the Passenger has a medical history, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions.
 
7.2.    Passengers with Reduced Mobility
(a) Passengers with Reduced Mobility include those who are blind, deaf, dumb or with a mental handicap, insofar as those Passengers would require special assistance.
 
(b) The acceptance of carriage of Passengers with Reduced Mobility is subject to the prior agreement of the Carrier. The latter may refuse the Passenger with Reduced Mobility in the cases set out in the Regulation (CE) n°1107/2006.
Passengers with Reduced Mobility must inform the Carrier, at the time of the Reservation, of their condition or disability and at least forty-eight (48) business hours before the departure of their flight of their need for special assistance. In the contrary case, the Carrier cannot guarantee to the Passenger that they will be able to board the reserved Flight.
 
Passengers with Reduced Mobility with their own wheelchairs will be able to have them transported free of charge in the baggage hold. Non-mobile Passengers must have their own wheelchairs.
 
Because the number of wheelchairs which can be carried per Flight is technically limited, the Carrier cannot automatically confirm the Passenger’s request. It is necessary to inform the company at the time of reservation or at the latest forty-eight (48) hours before departure and to provide information on the type of wheelchair and battery used.
 
With regard to motorised wheelchairs, only those with dry batteries can be transported on board the Carrier's planes.
 
(c) The Carrier may require the presence of a guide for the safety of Passengers with Reduced Mobility. The role of the guide is to assist them in the event of an emergency and particularly during an emergency evacuation. It is compulsory in the following situations:

  • People suffering from a severe intellectual handicap which prevents them from understanding and applying safety and security rules.
  • People who are both blind and deaf who are unable to communicate with the members of crew.
  • People with a physical disability which would prevent them from being able to take part physically in their own evacuation (tetraplegics). Paraplegic people, who are paralysed or without upper limbs, can travel without a guide.

 
The guide must be an adult and independent. The guide should take care of one (1) Passenger with Reduced Mobility only.
 
7.3.    Pregnant women
(a) Pregnant women, up to the seventh (7th) month of pregnancy, may travel without restriction or additional formality.
 
(b) Pregnant women, into the eighth 8th month of pregnancy, should provide a medical certificate attesting that the Journey is not the subject of any counter-indication, at the time of check-in. The aforementioned medical certificate must be issued within a maximum of seventy-two (72) hours before the day of the departure. Failing this, the pregnant woman will be legally refused the right to board by the Carrier.
 
(c) Pregnant women, from the 9th month of pregnancy, will not be allowed on board under any circumstances.
 
(d) In case of doubt about the duration of the pregnancy, the Carrier will be able to call upon the doctor present at the airport.
 
7.4.    Babies
(a) Under the meaning of this article Babies are considered to be Passengers aged between zero (0) and two (2) years old.
 
(b) A Baby must necessarily be accompanied by an autonomous adult. An adult cannot accompany more than one (1) single Baby. Subject to availability of an adapted seat belt, the Baby must travel on the lap of the accompanying adult.
 
(c) Passengers are reminded that the legislation in force states that in order that a Baby can travel on board a plane, they must be the holder of a valid identity document.
 
(d) A Baby can only travel on board one of the Carrier's planes once it has reached the age of one (1) week.
 
7.5.    Unaccompanied minors
(a) An unaccompanied minor is considered to be any minor who is not accompanied by an adult or a relative who is also a minor in the same cabin. Only children aged between four (4) and seventeen (17) years can be accepted as unaccompanied minors. Therefore, minors from zero (0) to four (4) years of age cannot travel alone.
 
(b) Unaccompanied minors aged between four (4) and eleven (11) years will be compulsorily taken care of by the Carrier from check-in to arrival.
 
(c) The number of unaccompanied minors who can be allowed on board a Flight is limited for reasons of safety, thus the Carried reserves the right to refuse a Reservation made for an unaccompanied minor.
 
ARTICLE 8: RIGHT TO REFUSE CARRIAGE
 
8.1.    General provisions
The Carrier may, at any point in boarding and/or connecting, refuse to carry the Passenger and their Baggage, if one or more of the following cases should occur:
 
(a) The Passenger has not complied with the applicable law or regulations;
 
(b) The carriage of the Passenger and/or of their Baggage may endanger the security, health, comfort or convenience of other Passengers the crew;
 
(c) The Passenger’s physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present a danger or risk to themselves, other Passengers, the crew or property;
 
(d) The Passenger has not complied with the instructions in article 7;
 
(e) The Passenger has compromised security, good order and/or discipline when checking in for the Flight or, for connecting flights, during a previous Flight and the Carrier has reason to believe that such conduct may be repeated;
 
(f) The Passenger has refused to undergo the security checks as outlined articles 9.4 and 13.5, and/or has refused to provide proof of their identity;
 
(g) The Passenger (or the person who paid for the Ticket) has not paid the Fare in force and/or the applicable Taxes;
 
(h) The Passenger does not appear to be in possession of valid Travel documents, has sought to illegally enter a territory during transit, has destroyed their Travel documents during the Flight, or has refused to present them to the Carrier's flight crew or ground crew when requested to do so, or the Passenger’s documents are expired, incomplete in light of the regulations in force, or fraudulent (identity theft, forgery or counterfeiting of documents);
 
(i) The Ticket presented by the Passenger was acquired fraudulently or purchased from an organisation other than the Carrier or its Authorised Agent, or has been forged or counterfeited or has a Flight Coupon that has been damaged or modified by someone other than the Carrier or its Authorised Agent;
 
(j) During check-in or boarding, the Passenger is asking the Carrier for special assistance, the necessity of which the Carrier has not been informed about at least forty-eight (48) hours before the departure of the flight;
 
(k) The Passenger is not in a position to prove that they are the person referred to in the "Passenger name" box on the Ticket; therefore, the Carrier reserves the right to inform the local authorities of the presence of the Passenger. 
 
In the cases envisaged with (h), (i) and (k) above, the Carrier reserves the right to retain the Ticket.
 
8.2.    Conduct on board
(a) If the Carrier deems, in a reasonable way, that the Passenger, by their conduct on board,

  • is endangering the aircraft, a person or goods; or
  • that they are preventing the crew from carrying out their duties; or
  • that they are not complying with the recommendations and instructions of the crew, in particular if those relate to the use of tobacco, alcohol or narcotics; or
  • that they are acting in a manner which is causing or could cause inconvenience or discomfort, or Damage or injury to other Passengers or to the crew;

The Carrier may take any measures with regard to the Passenger, including restraint, which it may deem necessary to prevent the continuation of such conduct.
 
The Carrier may disembark the Passenger, refuse to carry them on future journeys to any point in the network and take action for offences or any reprehensible act which they may have committed aboard the plane.
 
(b) For security reasons, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as, but not limited to, mobile telephones, laptop computers, portable radios, electronic games or transmitting devices, radio-controlled games and walkie-talkies, as well as all electronic recording devices. However, hearing aids and pacemakers are not included in these categories.
 
 
ARTICLE 9: BAGGAGE
 
9.1.    Free Baggage Allowance
The free Baggage allowance corresponds to the weight and/or limited quantity of Baggage that the Passenger may carry in the hold. The allowance is indicated on the Ticket and varies according to destinations and classes. The conditions are available on the Carrier’s website here.
 
9.2.    Excess Baggage
The Passenger must pay a charge for the carriage of Baggage in excess of the allowance, under which can be consulted here.
 
9.3.      Passenger’s Obligations
 

  1. The Passenger declares to acknowledge the content of each of his/her Baggage(s).

 

  1. The Passenger agrees to never leave unattended his/her Baggage(s) from the moment he packed it/them and agrees to refuse to place in it/them any items given by another Passenger or a third person.

 

  1. The Passenger partakes to not travel with any Baggage(s) entrusted by a third person.

 
9.4.    Items Unacceptable in the Baggage.
The Passenger shall not include in their Baggage:
 
(a) Objects that could endanger the aircraft, persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and the Carrier's regulations, as applicable (additional information is available from the Carrier upon request). These include, in particular, explosives, pressurized gas, oxidising, radioactive or magnetised, and inflammable substances, toxic or corrosive substances, liquids of any kind (except for liquids carried in hand Baggage and intended for the personal use of the Passenger during their journey, the rules are available here.);
 
(b) Objects whose carriage is prohibited by the law in force in any State of departure, destination, overflight or stopover;
 
(c) Firearms and ammunition other than for hunting or sport, which, to be accepted as Checked Baggage, must be unloaded, suitably packed and have the safety catch on. Carriage of ammunition is subject to the ICAO and IATA Regulations on Dangerous Goods, specified in 9.3 (a) above;
 
(d) Antique firearms, swords, knives and other weapons of this type, may under no circumstances be transported in the cabin. They may nevertheless be accepted as Checked Baggage subject to the agreement of the Carrier and after acceptance by the Flight Captain.
 
(e) Live animals, except cats and dogs, subject to the conditions defined in Article 9.10;
 

  1. Items of which the weight, dimensions, configuration or nature make them unsuitable for carriage, in particular in light of the type of aircraft used. The Carrier can refuse carriage of such items subject to the conditions defined in Article 9.5;

 
 
In case where objects referred to in paragraphs (a) to (g) of this paragraph may be Passenger's Baggage, the Carrier's liability as set out in Article 15 below cannot be incurred for any damage caused to these objects or due to their loss.
 
9.5. Recommendations
 

  1. It is advised not to pack in the Checked Baggage money, currencies, jewellery, works of art, precious metals, silverware, securities or other valuables, expensive clothes, optical or photographic devices, electronic or telecommunications equipment or devices, musical instruments, manuscripts or deeds, whether individualised or fungible, etc.;

 

  1. It is advised to pack in the Unchecked Baggage only passports and identity documents, samples, business documents and his/her medications;

 

  1. It is advised to avoid including perishable or fragile goods in the Baggage. If however the Passenger includes such goods in his/hers Baggage, he/she must ensure that the good are properly and firmly packed and protected in suitable containers in order to avoid damage for the said goods, the other Passenger’s Baggage or the aircraft. The Carrier can refuse to carry those goods subject to the conditions defined in Article 9.5.

 
9.6.    Right to refuse carriage
(a) At any boarding and/or connection point, the Carrier may refuse to carry as Baggage the objects listed in article 9.3 above or to continue to carry them if discovered in the course of the journey;
 
(b) The Carrier may refuse to carry as Baggage any object because of its size, shape, weight, content, configuration or nature, or for operational or safety/security reasons, hygiene standards or to preserve the comfort and convenience of Passengers. Information on this type of Baggage is available upon request. Following the IATA recommendations relating to maximum authorised weight for checked Baggage, all Baggage over thirty-two (32) kilograms will not be accepted at check-in. Whatever Baggage allowance granted to the Passenger or the amount of weight they are carrying, it is essential that the weight of each item of Baggage does not exceed the thirty-two (32) kilograms limit allowed. Otherwise, the luggage will not be checked in or carried.
 
(c) The Carrier may refuse to carry Baggage that it reasonably considers to be poorly packed or placed in unsuitable containers. Information on packing and unsuitable containers is available upon request.
 
9.7     Right of inspection
For reasons of security, safety, or at the request of the authorities, the Carrier may request the Passenger to accept a search or any checks (by X-rays or other techniques) of themselves and/or their Baggage. If the Passenger cannot attend the inspection for any reason whatsoever, their Baggage may be checked or searched in their absence to verify whether it contains objects which are prohibited as Baggage (under Article 9.3) or any weapons or ammunition that were not presented to the Carrier. If a Passenger refuses to comply with such requests, the Carrier may refuse to carry them and their Baggage. If these checks damage the Baggage and the contents or cause Damage to the Passenger, the Carrier shall not be liable, unless the Damage is directly caused by the Carrier.
 
9.8     Checked Baggage
(a) As soon as the Passenger has handed over their Baggage at check-in, the Carrier shall take custody thereof and issue a Baggage Check, for each item of Checked Baggage.
 
(b) The Passenger must affix their name and any other form of personal identification on the Baggage before it is accepted by the Carrier;
 
(c) Whenever possible, Checked Baggage will be carried on the same aircraft as the Passenger, unless, for operating or safety/security reasons, the Carrier decides that it will be carried on another flight. If this is the case, the Baggage will be delivered to the destination of the flight, unless the applicable regulations require the Passenger to be present for a customs inspection.
 
9.9     Unchecked Baggage
(a) The Carrier may impose maximum dimensions for Unchecked Baggage and/or limit the number (see Aigle Azur website here). If nothing is specified, Unchecked Baggage must be able to fit under the seat in front of the Passenger or in an enclosed storage space. Any Unchecked Baggage which the Passenger wishes to take with them into the cabin, which does not meet the size and weight imposed by the Carrier, or which the Carrier believes to represent a safety or security hazard or which is difficult to store shall not be accepted in the cabin and will be placed in the hold, and at any time before flight departure. The Passenger makes sure to follow the Recommendations outlined in section 9.4. and to remove, if appropriate, such items. The Carrier’s liability will be committed under the provisions of Article 15. This Baggage will then be considered as Checked Baggage and may lead, where appropriate, to payment of an extra charge by the Passenger under the conditions and Fares specified in Article 9.2 and on the Carrier’s website. The Passenger must then pay the amount due at the sales counter of the destination airport in order to retrieve their Checked Baggage.
 
(b) The Carrier may accept to carry objects which are not conform to the provisions of (a) above, therefore can be carried as Unchecked Baggage only if the Carrier has been duly informed before check-in and permission has been granted by it. . If necessary, the Passenger may have to pay the price of an extra seat to benefit from such a service.
 
(c) The Passenger is responsible for his/her personal effects and Unchecked Baggage in the cabin. In the event of destruction, loss, theft or damage to the aforementioned , the Carrier's liability can only be incurred if its own fault or that of its employees or its agents can be proven, this liability is then limited to the amount specified in article 15.
 
 
9.10   Special Declaration of Interest and the imposition of additional charges
(a) For all Checked Baggage for which the value exceeds the liability limits defined by the Montreal Convention, in the event of destruction, loss, damage or delay, the Passenger may either personally insure all their Baggage prior to the journey or, when handing over the Baggage to the Carrier, make a Special Declaration of Interest limited to a certain amount. As a consequence, an extra charge may be paid by the Passenger. Compensation will then be paid based on article 15 of these General Conditions.
 
(b) The Carrier may refuse said Declaration, if one of the parts of the carriage must be undertaken by a Carrier which does not offer this option.
 
(c) All Special Declarations of Interest must be made by the Passenger before the Check-in Deadline. The Carrier also has the option of capping to a maximum amount the level of the declarations that are liable to be made. The Carrier also has the right to provide proof, in the event of damage, that the amount declared was higher than the Passenger’s genuine interest at the time of delivery.
 
9.11   Collection and Delivery of Baggage
(a) Subject to the provisions of Article 9.8 (c) of this article, the Passenger must remove their Baggage as soon as it is made available at the place of destination or Stopover. If it is not removed within three (3) months of its availability, the Carrier may dispose of it without any liability to the Passenger;
 
(b) Only the bearer of the Baggage Check is authorised to collect Checked Baggage.
 
(c) If a person claiming Baggage is not in a position to produce the Baggage Check and identify the Baggage via the Baggage Check, the Carrier shall only hand over the Baggage to them on the condition that they establish their rights thereto in a satisfactory manner; at the request of the Carrier, such a person should provide adequate guarantee to indemnify the Carrier for any losses, damages or expenses that could result from such a handover.
 

  1. Acceptance of the Baggage by the holder of the Baggage Label without complaint at the delivery constitutes presumption, unless proved otherwise, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage.

 
9.12   Animals
If the Carrier agrees to carry Animals, it will do so under the following conditions:
 
(a) If they are accepted as Checked Baggage, Animals must be properly placed in a slatted cage with a closing system and accompanied by valid documents, such as health and vaccination certificates and entry or transit permits. Depending on the destination, the carriage of these animals may be subject to specific conditions, which can be provided by the Carrier upon request.
In the event of fraud or the absence or invalidity of the required documents or if the container intended for carrying the Animals is not up to standards, the Carrier shall not assume any liability for the injury, loss, delay, illness or death of animals carried, as a result of these failures, unless this is caused by the fault or negligence of the Carrier. Passengers travelling with animals who fail to comply with the applicable regulations must reimburse the fines, loss, compensation and all costs incurred due to such a situation.
 
(b) Only Animals weighing less than five (5) kilograms can be accepted in cabin as Unchecked Baggage.
 
(c) Guide dogs, and their cages, accompanying Passengers with Reduced Mobility will be carried free of charge in the cabin, in addition to the usual free baggage allowance, in accordance with the Carrier's regulations, which are available on request.
 
(d) In the event of damage caused by the Animals to the Passenger who took responsibility for the Animals, to another Passenger or to a crew member, the Carrier shall not be held responsible and the Passenger travelling with the Animals shall compensate the Carrier for all costs due to such a situation.
 
 
ARTICLE 10: SCHEDULES, DELAYS, FLIGHT CANCELLATIONS
 
10.1. Schedules
  (a) Schedules may change between the date of publication and the flight booked by the Passenger. The Carrier does not guarantee these Schedules and they are not part of the Contract of Carriage.
 
(b) Before accepting the Passenger's Reservation, the Carrier will show the applicable Schedule times, which will be reproduced on the Ticket. It is possible that the planned Flight Schedule may be amended after the Ticket is purchased. If, after buying the ticket, a significant change in the Schedule occurs, which does not suit the Passenger, and if the Carrier cannot offer them a satisfactory alternative booking, the Passenger will be entitled to a refund of their Ticket, as set out in article 11.2.
 
(c) It is up to the Passenger to inform the Carrier of their contact details so they can be contacted in case of change of the planned Flight Schedule as reproduced on the Ticket. 
 
10.2. Delays, cancellation, surbooking, rerouting
 

  1. In the event of a cancellation or delay of a flight, the Carrier will implement all the provisions of the relevant applicable regulations and the Carrier may be led to offer the Passenger carriage in another aircraft or the possibility of making the journey on another carrier’s flights and/or by any other means of carriage. The Carrier will inform the Passenger of such change in the journey as soon as possible and no later than the boarding, pursuant to applicable regulations.

 
In the event of a flight delay of at least five (5) hours, the Passenger can choose between:

  • Cancelling their journey, in this case they should seek a refund of the cost of their Ticket for the part or parts of the journey not made;
  • Continuing their journey, in this case they would not be entitled to a refund of the cost of their Ticket.

 
(b) If, due to scheduled overbooking, the Carrier is not able to assign a seat to the Passenger when they have a confirmed reservation, they will be granted the compensation provided for by the applicable regulations. If several compensation options are possible, they will benefit from the most favourable.
 
ARTICLE 11: REFUNDS
 
11.1. Repayment Conditions
(a) The refund of a Ticket, in whole or part, will take place in accordance with the conditions defined in this Article 11, in accordance with the Carrier’s General Terms and Conditions of Carriage if the Carrier is issuer of the Ticket, the Ticket's fare conditions and, in all circumstances, with the relevant applicable regulations.
 
(b) A refund, where it is authorised by the Ticket's fare conditions, will be paid on the basis of the price including all taxes paid for the Ticket and the amount refunded will be equal:

  • To the fare paid, minus the Ticketing Fees and the Fees linked to the pricing conditions (cancellation charges depending on the fare paid), if no portion of the Ticket had been used;
  • To the difference between the faire paid and the fare applicable to the scheduled route for which the Ticket was used, minus the Ticketing Fees and the Fees liked to the pricing conditions (cancellation charges) if a portion of the Ticket had been used.

 
(c) The refunds referred to in this paragraph cannot be made when government regulations or any other contractual document between the Passenger and the Carrier excludes them. This is particularly the case for Tickets bearing the words "non-refundable".
 
(d) The Ticket bought for Animals accepted on board by the Carrier are non-refundable under any circumstances.
 
11.2. Modalities
In accordance with the fare regulations, the Carrier will refund all or part of a Ticket under the following conditions:
 
(a) Barring contrary provisions in this article, the Carrier shall be entitled to make the refund to the person who paid for the Ticket, upon presentation by the latter of satisfactory proof of such payment;
 
(b) If a Ticket has been paid for by someone other than the person whose name appears on the Ticket and no restriction on refund is mentioned on the Ticket, the Carrier shall refund to the person who paid for the Ticket, or any person that the latter may appoint;
 
(c) A refund made to a person providing the Carrier with the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and presenting themselves as the person entitled to the refund in accordance with sub-paragraphs (a) and (b) below, will be considered valid and will discharge the Carrier from liability and any later claim for a refund.
 
(d) Requests for the refund of a Ticket must be submitted to the issuer of the Ticket (the Carrier or Authorised Agent, as applicable).
 
 
11.3. Right to refuse the refund
The Carrier may refuse a refund:
 
(a) of any Ticket after the expiry of its validity;
 
(b) of a Ticket which has been presented to Carrier or to the authorities of a country, as evidence of intent to leave that country, unless the Passenger can provide satisfactory evidence to the Carrier that they have permission to remain in said country or that they will leave via another Carrier or another means of transport;
 
(c) If the passenger has not been admitted by the authorities of the destination or transit point on their journey and they were, therefore, returned to their point of boarding;
 
(d) of a stolen, forged or counterfeited Ticket;
 
(e) in a currency different from that in which the payment was made;
 
(f) of a fraudulently issued Ticket in violation of French law or a foreign law;
 
(g) of a Ticket marked "non-refundable".
 
11.4. Currency of refund
(a) Subject to applicable law, the Carrier reserves the right to make the refund in the same form and in the same currency as that used when the Ticket was purchased.
 
(b) If the Carrier agrees to reimburse the price of the Ticket in a currency other than the currency of purchase, the refund will be made at an exchange rate and under conditions determined by the Carrier.
 
11.5. Persons entitled to a refund
Refunds are made only by the Carrier which originally issued the Ticket or by an Authorised Agent, if so authorised by the Carrier.
 
ARTICLE 12: ANCILLARY SERVICES
 

  1. If ancillary services other than air transport, such as, for example, hotel reservations or car hire are advertised on the website www.aigle-azur.fr or any other media, Aigle Azur will in no way be liable for the correct delivery of these services or for any other aspect.

 
(b)  If the Carrier provides ground carriage services, other conditions of carriage and, particularly, other liability regimes may apply to such surface transportation. These conditions and regimes are available, upon request, from the Carrier or legal person providing surface transportation, as appropriate.
 
ARTICLE 13: ADMINISTRATIVE FORMALITIES
 
13.1.    General provisions
The Passenger is responsible for obtaining all the necessary documents for their journey, including visas and special permits that might be required by the legal and regulatory provisions in force in the States of departure, destination or transit, and they must comply with the requirements of the authorities in these countries with regard to immigration and border controls.
The Carrier is not responsible for the consequences that the Passenger might suffer if they should fail to fulfil the requirements set out above.
 
13.2.    Travel documents
(a) The Passenger must present all entry, exit and transit documents, health and other documents required by the current laws or regulations of the States concerned and allow the Carrier to take copies, if necessary, at its sole discretion.
 
(b) The Carrier reserves the right, in accordance with article 8.1 (a), to refuse to carriage to any Passenger who does not comply with current laws and regulations or whose travel documents do not appear to be in order.
 
13.3.    Refusal of entry
If the admission of a passenger to a territory is refused, they must pay all the resulting costs. The Carrier will not refund the price of the Ticket booked to arrive in the territory where the Passenger has not been admitted. Similarly, the Carrier will not refund the unused portion.
Refusal to enter the territory applied to Passenger shall in no case engage the Carrier's liability.
 
13.4     Customs controls
If requested to do so, the Passenger must be present during the inspection of their Baggage, whether Checked or Unchecked, by customs or other government officials. The Carrier shall have no liability for any damage or loss that the Passenger may suffer if they fail to observe this provision.
 
13.5.    Security checks
The Passenger must submit to all security checks required by government or airport authorities, or by Carrier.
 
ARTICLE 14: SUCCESSIVE CARRIERS
 
Carriage to be performed by several successive Carriers, under a single Ticket or several tickets issued jointly, is regarded as a single operation under the terms of the Montreal Convention when it has been regarded by the parties as a single operation. In this regard, the provisions of article 15.1 (b) apply.
 
ARTICLE 15: LIABILITY FOR DAMAGE
 
15.1.    General provisions
Any Carrier’s liability shall be determined by the General Conditions of Carriage of the Carrier who issued the Ticket, 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:
 

  1. Carriage under these General Conditions is subject to the liability rules laid down by the Conventions, Regulations and IATA Agreements defined in the 1st article.

 

  1. To the extent that the following provisions do not conflict with the other provisions in these General Conditions of Carriage, and regardless of whether or not the Montreal Convention is applicable:
  • The Carrier’s liability is limited to damage occurring during flights for which its Designator Code appears on the Coupon or the Ticket that corresponds to the flight. When the Carrier issues a Ticket or when it checks in an item of Baggage on the lines of another Carrier, as defined in the 1st article, it is acting solely as an agent for the latter. However, as regards Checked Baggage, the Passenger is entitled to take recourse against the first or last Carrier operating during their journey;
  • The Carrier's liability shall not exceed the amount of proven direct damage. The Carrier will not under any circumstances be liable for indirect 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, or a failure to comply thereto by the Passenger.
  • The Carrier is not liable for any illness, injury or disability, including death, due to the physical condition of the Passenger nor for any deterioration in said condition;
  • The Contract of Carriage, including these General Conditions of Carriage and any exclusions or limitations of liability contained therein apply and benefit the Authorised Agents, employees and representatives of Carrier and the owner of the aircraft used by the Carrier, as well as agents, employees and representatives of the owner who acted in the exercise of their duties. 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 provided for in the Convention, none of the provisions in these Conditions involves the waiving of liability set down in the Montreal Convention and the applicable law.

 
15.2.    Provisions applicable to international and internal flights
 
(a) Bodily injury:

  • In accordance with article 17 of the Montreal Convention, the Carrier is liable for damage sustained in case of death, injury or any other bodily injury suffered by a Passenger, if the accident that caused the Damage took place on board the aircraft or during any embarking or disembarking operations, under the terms of the Montreal Convention, and subject to any liability exemptions set out below;
  • The Carrier may exclude or limit its liability if it can prove that:
    • The death, wound or any other bodily injury suffered was the result, in whole or in part, of the fault of the Passenger or of their physical or mental health prior to embarkation;
    • It has taken all measures to avoid the occurrence of damage or that it was unable to take them for damages exceeding 113,100 SDR, in accordance with article 20 of the Montreal Convention.
  • Amount of compensable damage: the amount of the Carrier's liability in case of death, wounding or any other bodily injury of a Passenger is subject to the provisions of the Montreal Convention. The amount of the compensable damage shall cover the redress of the damage, as it has been fixed by mutual agreement, by means of expert opinion or the competent courts. As part of these provisions, the Carrier shall only compensate the Passenger beyond the amounts received by the latter, under the social security system to which they are affiliated;
  • The Carrier reserves all rights of recourse and subrogation against all third parties;
  • The person entitled to compensation, pursuant to article 5 of (EC) Regulation No 2027/97, may receive an advance enabling them to meet their immediate needs, in proportion to the material damage suffered. This advance will not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to applicable law, the advance shall be paid within fifteen (15) days of the identification of the Person entitled to compensation and will be deductible from the definitive amount of compensation owed to an injured Passenger or their beneficiaries.

In any event, the payment of this advance in no way constitutes an admission of liability by the Carrier. This advance will, moreover, be repaid by the Passenger if it is established that the liability of the Carrier is not involved in the injury of the Passenger under the rules of the Montreal Convention.
 
(b) Delays:
Delay is not in itself a source of damage. Without prejudice to (EC) Regulation No 261/2004, only proven direct Damage resulting from the delay is compensable to the exclusion of any indirect damage and any form of damage.
The Passenger must prove the existence of the damage caused by the delay.
The Carrier is not liable for damage resulting from the delay if it proves that it, its employees or its agents had taken all necessary measures to avoid the damage or that it was impossible to take them.
If it provides proof of the fault of the passenger, the Carrier shall not be liable for damage caused by the delay.
Besides compensation for delays provided for in (EC) Regulation No 261/2004, the amount of compensation depends on the damage proved by the Passenger within the limit fixed at 4,694 SDR by the Montreal Convention.
 
(c) Baggage:
In the event of destroyed, delayed, lost and damaged Baggage attributable to the Carrier, any refund will be subject to the presentation of nominative proof and within the limits of liability fixed at 1,131 SDR per passenger by the Montreal Convention.
If the Passenger is not able to present such proof, the Carrier shall compensate them on a flat rate basis.
If a higher value was declared as part of a Special Declaration of Interest in accordance with Article 9.10, the Carrier's liability will be limited to the declared value.
 
The Carrier is not liable for Damage to Passengers' Baggage when such Damage is caused by objects contained in said Baggage.
If the Passenger’s goods are the cause of damage to the Carrier or to a third party, they must compensate the Carrier for all losses and expenses incurred due to the Damage.
 
The Carrier assumes no liability for any Damage and/or loss caused to fragile, perishable or valuable objects, as mentioned in section 9.4 above, unless the Passenger has made a Special Declaration of Interest as set out in article 9.10 (a).
 
In case of delayed delivery of Checked Baggage, the Carrier may compensate the Passenger on a flat rate basis equal to the costs of immediate necessities resulting from the wait for delivery of Checked Baggage.
 
ARTICLE 16: TIME LIMITATION ON LIABILITY CLAIMS AND ACTION
 
16.1.    Notification deadline for Baggage claims
(a) The receipt of Checked Baggage without claim means that the Baggage has been delivered in good condition in accordance with the terms of the Contract of Carriage, unless proven otherwise and it is the Passenger's responsibility to provide such proof.
 

  1. In the event of damage, the Passenger must submit a written claim to the Carrier as soon as the damage is discovered. They have a period of seven (7) days from receipt of the Checked Baggage to notify the damage. If the Checked Baggage was delivered with a delay, this period is extended to twenty-one (21) days from the date when the Baggage had been made available to the Passenger. If no claim is received within the time limits, any action intended against the Carrier shall be inadmissible.

 
(c) In the event of loss of Baggage, the Passenger must always report the loss to the baggage service before leaving the terminal. Any statement made retrospectively will be inadmissible and cannot give rise to any compensation.
 
16.2.    Liability action for Passengers
All liability actions must be filed, under penalty of forfeiture, within two (2) 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.
 
16.3.    Claims
Any claims or actions mentioned in paragraphs 1 and 2 above must be made in writing within the stated deadlines.
 
ARTICLE 17: PERSONAL INFORMATION
 
17.1.    Information processing
Passengers shall provide the Carrier, or its Authorised Agent, with their Personal Information for the purpose of making a Reservation, obtaining complementary services, facilitating immigration formalities and entering the territory of a State. This personal information given to the Carrier within the framework of concluding and implementing the Contract of Carriage may form the subject of data processing. This information is collected and processed according to French law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties.
 
17.2.    Purposes
(a) The information is mainly used for:

  • Reservation and purchase of the Ticket.
  • for the supply of ancillary services in connection with the provision of carriage.
  • canvassing, loyalty, guidance and commercial information.
  • carrying out statistical studies.

 
(b) It is also likely to be used for the purpose of facilitating the carrying out of administrative formalities relating to immigration and entry into the country, for the prevention of non-payment and combating fraud, as well as to ensure the safety and security of flights.
 
(c) The Passenger authorises the Carrier, for the above mentioned purposes, to hold such information and transmit it to its own agencies, its Authorised Agents, government authorities, Carriers, and service providers, irrespective of the state or territory where they are located.
From 1st January 2015, pursuant to the Code of Interior Security, for any Flight going to or coming from the French territory, except for the Flights inside France Metropolitan, the air carrier must communicate to the French authorities the data related to the passengers registered in the booking systems and in the departure control systems.
 
17.3.    Sensitive information
The Passenger is informed and accepts that the provision of certain ancillary services (special meals, medical assistance) may lead the Carrier to record information in its data processing which is likely to fall under article 8 of the above mentioned modified French law on information technology, data files and civil liberties. This information is exclusively used in the context of specific ancillary services requested by the Passenger.
 
17.4.    Recipients
The data collected may be disclosed to employees authorised by the Carrier, its partners (Authorised Agents, Carriers, etc.) or providers of ancillary services, as part of the fulfilment of all or part of the purposes mentioned above.
 
17.5.    Data transfer
 
Pursuant to article L232-7 of the Domestic Security Code and of the decree dated 22 December 2014, the service “Unité Information Passager” shall collect, stock and treat automatically the data API &PNR of all Passengers from and to France for the needs of preventing and acknowledging acts of terrorism, serious crimes and breaches of main interests of the Nation, gathering evidences of those infringements and violations and research of the persons behind as well.
 
 
Moreover, in accordance with applicable laws and regulations in France and internationally, the Carrier is also sometimes required to make personal information available to authorised French or foreign public authorities (customs, immigration, etc.), especially for the purposes of prevention of and the fight against terrorism and other serious crimes.
It should be emphasised that some of the above-mentioned recipients may be established outside the European Union and have access to some or all of the personal information collected by the Carrier (name, passport number, travel details, etc.), and have that access, for the legitimate purposes of execution of the Contract of Carriage for the Passenger or by a specific legal authorisation. Data transfers made outside the European Union are made in accordance with the conditions defined in articles 68 and following of the above-mentioned French law on "computers, files and freedom of information".
 
17.6.    Right of access
Under said law on "computers, files and freedom of information", the Passenger has rights of access, rectification, deletion and opposition to data relating to them. These rights can be exercised by post to the following address: AIGLE AZUR, Webmaster, AIGLE AZUR, CS 90001, 91781 Paray-Vieille-Poste Cedex 
 
17.7.    Use of data
Subject to applicable regulations, the Carrier reserves the right to use the Passenger's data under the conditions and for the purposes set out in this article.
 
17.8.    Communication commercial canvassing
(a) Except where the Passenger has expressed opposition during the collection of their data or by writing to the address mentioned above, the Carrier reserves the right to use the Passenger data or to disclose it to its partners in order to send them appropriate commercial offers.
           
(b) Where the law requires (commercial canvassing by electronic means), the Passenger data will only be used for canvassing, particularly for commercial purposes, by the Carrier or its partners if the Passenger has agreed to such a use when communicating their Personal Information. The Passenger may subsequently object to data concerning them being used for such purposes by sending a letter to the - address mentioned in article 17.6.
 
17.9. Necessity
It is specified that the collection of certain Personal Information is essential to enable the Reservation process and to establish the Contract of Carriage. The Passenger can, of course, exercise their right to object to the collection and processing of such Information, but is informed that this approach may result in cancellation of the journey or the inability to access certain specific ancillary services that they may have requested.  It is also specified that, pursuant to the laws and regulations applicable in France and internationally, a failure to provide certain data or the inaccuracy of certain data, may result in a decision to deny boarding or entry into a foreign territory, without the Carrier being able to be held liable.
 
ARTICLE 18. RECLAMATIONS – TOURISM MEDIATOR
For any reclamation, the passenger accepts to contact personally the Customer Relations Service of the Carrier (https://www.aigle-azur.com/nous-contacter) before the intervention of a third party to represent him (associations, debt collecting agencies, lawyers) or before acting in front of courts. The objective of such clause is not to limit the passenger rights to a legal action but to guarantee the fastest and cheapest option for both parties can be found.
 
After having contacted the Customer Relations of the Carrier and pursuant that no satisfactory answer has been brought within sixty (60) days, then the Passenger shall call immediately upon the Tourism Arbitrator “Médiateur du Tourisme et du Voyage”, to whom contact details and modalities are available on its website: www.mtv.travel.