General conditions of carriage
Article L 232 -6 of French Internal Security Code
In accordance with Article L 232 -6 of French Internal Security Code, please be informed that air carriers may transmit reservation, checking and boarding data collected from their passengers ( API/PNR) to the French national public services and competent authorities for the purposes and under conditions as defined in the Decret N° 2014-1095 dated 26/09/2014
- Article I: definitions
- Article II : applicability
- Article III : tickets
- Article IV : fares, fees, taxes and charges
- Article V : reservations
- Article VI : check-in and boarding
- Article VII: refusal and limitation of carriage
- Article VIII : baggage
- Article IX : schedules, delays, cancellation of flights
- Article X : refunds
- Article XI: conduct aboard aircraft
- Article XII : arrangements for additional services
- Article XIII : administrative formalities
- Article XIV : Article XIV : successive carriers
- Article XV : liability for damage
- Article XVI : time limitation on claims and action
- Article XVII : modifications and deletions
- Article XVIII : disputes and applicable law
- ANNEX - REGULATION (EC) No 889/2002
Article I: definitions
The terms and expressions employed in these General Conditions of Carriage are used with the following meanings:
International Agreements (IIA and MIA) of the International Air Transport Association (IATA)
means the inter-carrier agreements modifying certain provisions as to the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), in force since 1 April 1997, and that are included in the legal scope of the international sources of law on carrier liability (hereinafter referred to by the terms “Warsaw Convention”, “Convention” or “Montreal Convention”) and of the Chicago Convention of 7 December 1944 and its Annexes, particularly Annexes 9, 17 and 18.
Agreed Stopping Place
means a stop scheduled by Passengers during their journey, at a stopover located between the departure point and the arrival point.
means the carriage of Passengers and their Baggage, in accordance with the applicable Convention.
Airline Designator Code
means the code issued by IATA, the International Air Transport Association, identifying each carrier that is a member of the association and shown on the Ticket.
means an individual or legal entity that is authorized by the Carrier to represent the Carrier in the sale of air carriage tickets for its services.
means the effects and other personal items that accompany Passengers during their journey. Unless otherwise specified, this term includes both Checked Baggage and Unchecked Baggage.
means the part of the ticket pertaining to the carriage of the Passenger’s Checked Baggage.
Baggage Identification Tag
means a document issued by the Carrier for the sole purpose of identifying the Passenger’s Checked Baggage.
means Baggage of which the Carrier takes custody only during air carriage and for which the Carrier has issued a Baggage Check.
means all Baggage, other than Checked Baggage belonging to the Passenger: for example, hand baggage. Unchecked Baggage remains in the custody of the Passenger.
means AIR AUSTRAL or any other carrier, for which the Designator Code appears on the Ticket or on a Conjunction Ticket.
Community Air Carrier
means an Air Carrier holding a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (EEC) No. 2407/92 of 23 July 1992.
Check-In Deadline (CID)
means the time limit specified to all Passengers and before which Passengers must have completed their check-in formalities and received their Boarding Card.
Contract of Carriage
means the declarations attached to the Ticket or in the Ticket envelope or to the Travel Memo (Itinerary Receipt), and incorporating these General Conditions of Carriage, as well as notices to Passengers.
means, as applicable:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929.
- The Hague Protocol of 28 September 1955, amending the Warsaw Convention.
- The Guadalajara Supplementary Convention of 18 September 1961.
- Montreal Protocols 1, 2 and 4 (1975), amending the Warsaw Convention.
- The Montreal Convention of 28 May 1999, which came into force on 28 June 2004.
means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.
means an electronic Flight Coupon or any other document of the same value, stored in the Carrier’s database.
includes death, bodily injury, delay, total or partial loss or other harm, arising out of or in connection with air carriage or other services performed by the Carrier.
mean the calendar days, 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.
means any unforeseeable, irresistible and uncontrollable circumstances, the consequences of which could not have been avoided despite the exercise of all due care.
Interior Flight or Domestic Flight
means any flight for which the departure and arrival town are located in the same State, within territorial continuity.
means, as defined by the Convention, any flight for which the departure point and arrival point and, where applicable, the stopover point, are located on the territory of at least two States that are parties to the Convention, or within a single State if a stopover is scheduled in another State which may or may not be a party to the Convention.
means any person, except members of the crew, carried in an aircraft under a Contract of Carriage.
Passenger with Reduced Mobility
means any person whose mobility is reduced when using transport because of a physical disability, intellectual impairment, age or any other cause of disability, and whose situation requires special attention and the adaptation to the person’s needs of the services made available to all Passengers.
Passenger Coupon or Passenger Receipt
means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.
Person Entitled to Compensation
means the Passenger or any person who can claim compensation in respect of that passenger, in accordance with applicable law.
means any object that, for security or safety reasons, cannot be carried on board, in accordance with applicable law.
Special Drawing Right (SDR)
means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF.
mean the points, with the exception of the points of departure and arrival, shown on the Ticket as stopovers scheduled on the Passenger’s itinerary.
means the fares, costs and related Terms and Conditions of Carriage filed by a Carrier with the governments that require this.
means a valid document that establishes the Passenger’s right to carriage, in the form of a transport voucher or by equivalent means in a dematerialized form, including electronic, that is issued by the Air Carrier or an Authorized Agent.
means a Ticket issued to a Passenger in conjunction with another Ticket, which together constitute a single Contract of Carriage.
means the Ticket saved in the Carrier’s reservation system. The existence of the Electronic Ticket is evidenced by the Travel Memo (or Itinerary Receipt) issued by the Carrier or in the Carrier’s name.
Travel Memo (Itinerary Receipt)
means one or more documents issued to Passengers travelling on Electronic Tickets. The Travel Memo, also called Itinerary Receipt, contains information on the Passenger’s identity and on the flight.
Article II : applicability
2.1 General Provisions
a)Subject to the provisions of Paragraphs 2.2, 2.3, 2.4 and 2.5 below, these General Conditions of Carriage apply to all flights, or flight segments, for which the Airline Designator Code appears in the "Carrier" box of the Ticket or Coupon.
b) These General Conditions of Carriage also apply to free or reduced-fare carriage, except as otherwise provided for in the Contract of Carriage or in any other contractual document linking Air Austral to the Passenger.
c) These General Conditions of Carriage have been drawn up pursuant to the Montreal Convention of 28 May 1999 and the applicable European law: Regulation (Ec) No. 889/2002.
If the carriage is performed pursuant to a Charter Contract, these Conditions shall only apply to the extent that they are attached to, incorporated in or mentioned by reference or otherwise, in the Charter Contract or in the Ticket.
2.3 Code Shares
For certain flights Air Austral has formed code share agreements with other Carriers, as defined in Article I above.
This means that even where the Passenger holds a reservation made with Air Austral and bears a Ticket indicating Air Austral’s Airline Designation Code in the Carrier box, another Carrier, as defined in Article I above, may operate the flight in question.
If such arrangements apply, Air Austral shall inform the Passenger of the identity of said Carrier, at the time of Reservation or at the latest during check-in. The present General Conditions of Carriage remain valid for such code share flights.
2.4 Overriding Law
a) These General Conditions of Carriage are applicable to the extent that they are not contrary to the law in force or to the filed Tariff, in which case, said law or said Tariff shall prevail.
b)Any invalidation of one or more provisions of these General Conditions of Carriage shall have no effect on the validity of the other provisions.
2.5 General Conditions prevail over Carrier’s regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations drawn up by the Carrier, these Conditions of Carriage shall prevail.
Article III : tickets
1. General Provisions
a) The Carrier will only provide carriage to a Passenger in possession of a valid ticket showing his/her name. The Passenger may be required to produce appropriate identification at all times.
b) A Ticket is not transferable and remains the property of the issuing Carrier.
c) Certain Tickets sold at reduced fares are partially or totally non-refundable. Passengers should choose the fare best suited to their needs and ensure that they have appropriate insurance to cover instances where they have to cancel their journey.
d) If a Passenger has a Ticket, as described in Paragraph (c) above, which is unused and if the Passenger is unable to travel for reasons of Force Majeure, as defined in Article I, the Carrier shall credit the Passenger with the amount of the non-refundable fare, for a future journey, subject to reasonable administrative fees, provided that the Passenger promptly advises the Carrier prior to the date of the flight and furnishes evidence of such Force Majeure.
e) Except in the case of an Electronic Ticket, Passengers may only be carried if they are able to present a valid Ticket containing the Coupon for the flight concerned and all other unused Flight Coupons, as well as the Passenger Coupon. Furthermore, a Ticket that is mutilated or has been altered by a person other than the Carrier or its Authorized Agent shall not be valid for carriage. In the case of Electronic Tickets, Passengers shall not be entitled to carriage on a flight unless they provide positive identification and a valid Electronic Ticket has been duly issued in their name.
f) In the event of loss or mutilation of all or part of the Ticket or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, the Carrier shall replace, at the Passenger’s request, all or part of said Ticket by issuing a new Ticket, provided there is sufficient evidence for the Carrier that a Ticket valid for the flights in question was duly issued, and subject to reasonable administrative fees.
2. Period of validity
a) Except as otherwise provided in the Ticket or in these General Conditions of Carriage or in Tariffs affecting the validity period of a Ticket, as stated on the Ticket itself, a Ticket is valid for carriage :
- one year from its date of issue, or
- one year from the date of use of the first Coupon, if such use occurs within one year from the date of issue.
b) If a Passenger is unable to travel during the validity period of the Ticket because, when the Passenger requests a Reservation on a flight, the Carrier is unable to confirm the Reservation requested by the Passenger, the validity of said Ticket shall be extended or the Ticket may give rise to a refund, in accordance with Article X below.
c) If, after commencing a journey, a Passenger is prevented, for health reasons, from pursuing it during the validity period of the Ticket, the Carrier may extend the validity of the Ticket upon presentation of an appropriate medical certificate, until the date on which the Passenger is once again fit to travel or until the date of the first available flight after declaration of fitness. Said extension shall start at the point at which the journey was interrupted and shall be valid for carriage in the class of the fare paid. If the unused Flight Coupons contain one or more agreed stopping places, the validity of the Ticket may be extended by three months at the most, as from the date shown on the medical certificate submitted. In the same way, the Carrier shall extend the validity of the Tickets of the immediate family members accompanying the Passenger.
d) In the event of the death of a Passenger during a journey, the Tickets of the persons accompanying the deceased may be changed, either by waiving any minimum stay requirements or by extending the validity of said Tickets. In the event of the death of an immediate family member of a Passenger whose journey has commenced, the validity of the Passenger’s Tickets and of those of the immediate family members travelling with the Passenger may be changed in the same way.
e) Any change mentioned in Paragraph (d) above may only be made after receipt of a valid death certificate. No such extension shall exceed forty-five (45) days from the date of death.
3. Coupon sequence and use, and ticket alterations
a) The Ticket purchased by the Passenger is valid only for the carriage indicated thereon, from the departure point to the arrival point, via any Stopover scheduled when the Ticket was purchased. The fare paid by the Passenger corresponds to the route stated on the Ticket and is an essential part of the Contract of Carriage between the Carrier and the Passenger. The Ticket will not be accepted and will lose all validity if the Coupons are not used in the order in which they were issued.
b) A Passenger wishing to change all or part of a journey must first contact the Carrier. The fare will be recalculated and the Passenger will then have the possibility of accepting the new price or keeping the original carriage, as shown on the Ticket. While some types of changes will not affect the fare, others, such as changing the place of departure or the destination of the journey, can result in a change in the fare. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
c) A Passenger needing to change a Ticket for reasons of Force Majeure, as defined in Article I above, should promptly contact the Carrier, who shall use reasonable efforts to provide carriage to the next Stopover or to the Passenger’s destination, with no change in fare.
d) Should a Passenger change a journey without the Carrier’s agreement, the Carrier will calculate the new fare applicable to the change. The Passenger shall then pay the difference between the fare corresponding to the journey purchased and the price of the new journey. If the new fare is lower than the previous fare, the Carrier will refund the difference, but in any event, the old Coupons shall have no value.
4. Identification of the Carrier
The Carrier’s name may be shown as an abbreviation on the Ticket, by using its Airline Designator Code as defined in Article I of these General Conditions of Carriage, or in any other form. The Carrier’s address is deemed to be that of the airport of departure shown opposite the Carrier’s name in the “Carrier” box of the ticket, or in the case of an Electronic Ticket, as indicated for the first flight segment in the Travel Memo (or Itinerary Receipt).
Article IV : fares, fees, taxes and charges
Fares apply solely to the carriage from the airport at the point of departure to the airport at the point of arrival, unless otherwise expressly stated. They do not include ground transport between airports and between airports and town terminals. The Fare shall be calculated in accordance with the Tariff in effect on the Ticket purchase date, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may affect the applicable Fare.
Except as otherwise stated in the Contract of Carriage or in any other contractual document between the Carrier and the Passenger, the Fares shall apply exclusively to the journey provided for in said Contract or in said document.
2. Fees, Taxes and Charges
All fees, taxes or charges imposed by governments, other authorities or the airport operator shall be paid by the Passenger. When purchasing their Ticket, Passengers will be informed of these fees, taxes or charges, not included in the fare, most of which will be shown separately on the Ticket. Such taxes, fees and charges are constantly changing and may be created (or increased) after the Ticket purchase date. In this case, the Passenger will be required to pay the corresponding amount. Likewise, if fees, taxes and charges, paid by the Passenger in addition to the fare, are reduced or abolished, the Passenger will be entitled to a refund of the corresponding amount.
3. Payment Currency
Fares, taxes, fees and charges are payable in the currency of the country where the Ticket was purchased, unless another currency is specified by the Carrier or the Carrier’s Authorized Agent, upon purchase of the Ticket or previously (for example, because of the non-convertibility of the local currency). The Carrier may choose to accept payment in another currency.
Article V : reservations
1. Reservation requirements
a) Reservations are not confirmed until they are accepted and recorded by the Carrier or an Authorized Agent in the Carrier’s reservation system. The Carrier may provide a Reservation confirmation upon request.
b) Certain fares may be subject to conditions that limit or exclude the right to change or cancel Reservations.
2. Ticketing Time Limit
If a Passenger has not paid for a Ticket before the specified ticketing time limit, as notified by the Carrier or the Authorized Agent, the Reservation may be cancelled and the seat allocated to another Passenger.
3. Personal Data
Passengers recognize that personal data concerning them has been given to the Carrier for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary and complementary services, facilitating immigration and entry procedures, and that such data may be made available to Government agencies, only in connection with the journey undertaken, and subject to applicable law.
To this end, Passengers authorize the Carrier to retain and use such data and to pass it on to the Carrier’s own offices, Authorized Agents, other Carriers, as defined by Article I above, or to the providers of the above-mentioned services, regardless of the country.
Passengers shall be entitled to access and rectify the personal data thus collected, stored and transferred.
The Carrier shall endeavour to honour seating requests, but cannot guarantee the allocation of a particular seat, even if the Reservation is confirmed for said seat. The Carrier reserves the right to assign or reassign seats at any time. This may be necessary for operational, safety or security reasons.
5. Cancellation of Reservations on an Onward or Return Flight
Should a Passenger fail to check in for a flight, the Carrier may cancel his/her Reservations for the onward or return legs, unless the Passenger has advised the Carrier in advance.
Article VI : check-in and boarding
a) Check-In Deadlines (CID) vary from one airport to another. Passengers are advised to enquire in advance and comply with Check-In Deadlines in order to facilitate their journey and avoid cancellation of their Reservations. The Carrier or the Authorized Agent shall provide Passengers with all relevant information on the CID for their first flight with the Carrier. For any subsequent flights in the Passenger’s journey, the Passenger should obtain information on CIDs, by referring to the Carrier’s Schedules or those of its Authorized Agents.
b) Passengers must arrive at the Carrier’s check-in desk sufficiently early before the flight, in order to complete the necessary formalities and, in any event, before the Check-In Deadline specified by the Carrier. If a Passenger fails to arrive at the Carriers check-in desk before the Check-In Deadline or does not produce a travel document corresponding to the journey concerned and is therefore unable to travel, the Carrier may cancel the seat reserved for the Passenger and reassign it freely, with no liability toward the Passenger.
c) If a Flight Coupon is not collected at the check-in desk when the Passenger receives a Boarding Card, the Coupon in question shall remain in the custody of the Passenger who must hand it over to the Carrier on boarding.
d) Passengers must be present at the boarding gate at the latest by the time specified at check-in.
e) The Carrier may cancel a Passenger’s Reservation if the Passenger fails to arrive at the boarding gate by the time specified, with no any liability toward the Passenger.
f) 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.
Article VII: refusal and limitation of carriage
1. Right to refuse carriage
At any point during embarkation and/or connection, the Carrier may refuse to transport a Passenger and his/her Baggage, in the event of one or more of the following :
a) The Passenger has not complied with the laws, regulations or orders in force in any State or country of departure, destination, stopover or overflight;
b) The carriage of the Passenger and/or of their Baggage may endanger the security, safety, comfort or convenience of the Passengers or the crew;
c) LThe 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 hazard or risk to himself, other Passengers, the crew or property;
d) The Passenger has committed misconduct on a previous flight, and the Carrier has grounds for believing that such conduct may be repeated;
e) The Passenger has refused to undergo the security checks provided for in Articles VIII/5 and XIII/6 below or has refused to provide proof of identity;
f) The Passenger (or the person who paid for the Ticket) has not paid the applicable Fare and/or all the required fees, taxes and charges;
g)The Passenger does not appear to be in possession of valid travel documents, has sought to enter a territory during transit, has destroyed his/her travel documents during the flight, has refused to surrender copies thereof to Flight or Ground Crew, or the Passenger’s travel documents are expired, incomplete in light of the regulations in force, or fraudulent (usurpation of identity, forgery or counterfeiting of documents);
h) The Ticket presented by the Passenger :
- was acquired fraudulently or purchased from an organisation other than that of the Carrier or the Authorised Agent;
- was forged or counterfeited;
- was listed as a stolen or lost document;
- has a Flight Coupon that was mutilated or altered by someone other than the Carrier or the Authorised Agent;
i) The Passenger has not used the Flight Coupons in the order of issue, in compliance with Article III/3 above;
j) When checking in or boarding, the Passenger requests the Carrier to provide special assistance that was not requested when the travel Reservation was made;
k) The Passenger has not complied with the instructions and regulations concerning security or safety;
l) Where the Passenger is not in a position to prove that he/she is the person indicated in the "Passenger name" box on the Ticket, the Carrier reserves the right to retain the Ticket and inform the local authorities of the Passenger’s presence;
m) In cases g), h), i) et l) above, the Carrier reserves the right to retain the Passenger’s Ticket.
2. Special Assistance
a) LAcceptance for carriage of unaccompanied children, Passengers with Reduced Mobility, pregnant women and persons with illnesses or any other person requiring special assistance, is subject to the Carrier’s prior agreement. Passengers with Reduced Mobility who, when purchasing their Ticket, informed the Carrier of their disability or of any special need for assistance and who were accepted by the Carrier, in full knowledge of the facts, cannot be refused boarding on the grounds of their disability or their special needs.
b) If a Passenger requires a special meal, he/she must enquire as to the availability thereof when making the Reservation (or changing a Reservation) or within the time limits published by the Carrier. Otherwise, the Carrier cannot guarantee the presence of said special meal on board the flight concerned. If, owing to operational constraints, certain requests cannot be met, the Carrier may not be held liable in any way towards the Passenger.
c) If a Passenger has a medical condition, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions.
The specific terms referred to in Paragraph b) above are not part of the Contract of Carriage and must be considered as being Ancillary Services, as defined by Article XII below.
Furthermore, if a request corresponding to the cases referred to in Paragraphs a) and b) above is made when checking in, the Carrier shall in no way be held liable if unable to fulfil said request and will be entitled to deny boarding to the Passenger, should the case arise, in accordance with the provisions of Paragraph 1 j) of this Article.
Article VIII : baggage
1. Free Baggage Allowance
All Tickets grant the right to a free baggage allowance equivalent to the weight and quantity of baggage that Passengers may transport free of charge in the hold. The free allowance is shown on the ticket and varies according to destination, fare paid and class of carriage. However, Baggage may not exceed a maximum weight. Information about the free baggage allowance is available from the Carrier and Authorized Agent.
2. Excess Baggage
The Passenger will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. Rates are available upon request at the Carrier’s and Authorized Agent’s Sales Offices.
3. Prohibited Items
Passengers must not include the following items in their Baggage :
a) Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier’s regulations, as applicable (additional information is available upon request from the Carrier);
b) Items for which carriage is prohibited by the law in force in any States flown from, to, over or where scheduled stopovers are made;
c)Items reasonably considered by the Carrier to be unsuitable for carriage owing to their weight, size, shape or fragile or perishable nature, which make them unsuitable for carriage with regard, in particular, of the type of aircraft used. Information about these items is available to Passengers upon request;
d) Firearms and ammunition, other than those intended for hunting or sport which, in order to be accepted as Checked Baggage, must be unloaded, suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as stated in Paragraph a) above;
e) Antique weapons, swords, knives and other weapons of this type, if transported in the cabin. They may nevertheless be accepted as Checked Baggage, at the Carrier’s discretion;
f) Perishable items, money, currency, jewellery, works of art, precious metals, silverware, securities or other valuables, expensive clothes, optical or photographic devices, computers, electronic and/or telecommunications equipment or devices, musical instruments, passports and identity papers, samples, business documents, manuscripts or deeds, whether individualised or fungible, etc;
g) Cutting weapons, stabbing weapons and aerosols that may be used as attack or defence weapons;
h) Live animals, except pets and subject to compliance with the provisions of Paragraph 10 of this Article.
In the event of items mentioned in sub-paragraphs a) to g) of this Paragraph being included in the Passenger’s Baggage, the Carrier shall incur no liability other than that provided for in Article XV below.
4. Right to Refuse Carriage
a) At any point during embarkation or connection, the Carrier may refuse to transport as Baggage the items listed in Paragraph 3 above, or may refuse further carriage of any such items upon discovery during the journey;
b) The Carrier may refuse to transport as Baggage any item by reason of its size, shape, weight, contents, configuration or nature, or for operation or safety/security reasons, or to ensure the comfort or convenience of Passengers. Information about Baggage of this type is available upon request;
c) The Carrier may refuse to transport Baggage which, in the Carrier’s reasonable opinion, is deemed to be improperly packed or placed in unsuitable containers. Information about unsuitable packing and containers is available upon request.
5. Right of Search
For security/safety reasons, the Carrier may ask Passengers to undergo, for themselves and/or their Baggage, a search or any type of scan, whether using X-rays or otherwise. If a Passenger is not available, his/her Baggage may be scanned or searched in his/her absence, with a view to checking whether it contains the items referred to in Paragraph 3 above, or any arms or ammunition that were not presented to the Carrier. If a Passenger refuses to comply with such requests, the Carrier may deny carriage to the Passenger and his/her Baggage. If said scans damage the Baggage and the contents thereof the Carrier shall not be liable, unless the Damage is caused by the Carrier’s fault or negligence.
6. Checked Baggage
a)Upon delivery by Passengers of their Baggage at check-in, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each Baggage item checked in;
b) Passengers must affix their name or any other form of personal identification to the Baggage;
c)Checked Baggage will, whenever possible, be carried on the same aircraft as the Passenger unless, for operational or security/safety reasons, the Carrier decides that it will be carried on another flight. In this case, the Carrier will deliver the Baggage to the Passenger at the flight’s arrival point, unless applicable law requires the Passenger to be present for customs clearance.
7. Unchecked Baggage – Cabin Baggage
a)The Carrier may impose maximum dimensions and/or weight for Baggage that Passengers take in the cabin and/or limit the number thereof. Unless specified otherwise, Cabin Baggage must fit under the seat in front of the Passenger or in a locker. Baggage that the Passenger wishes to take in the cabin but which the Carrier considers to be of excessive weight or size, or to be unsafe or difficult to store, will be denied cabin access and must be embarked as Checked Baggage, at any time before flight departure;
b) The Baggage/items that Passengers do not wish to carry in the hold (such as fragile musical instruments or others) and that do not comply with the provisions of Paragraph a) above, may only be accepted for cabin carriage if the Carrier has been duly given advance notice and has granted permission. The carriage service may then give rise to an additional charge.
8. Special Declaration of Interest
a) For all checked Baggage the value of which exceeds the liability limits in the event of destruction, loss, damage or delay, as defined by the Convention, Passengers may either personally insure their Baggage or make a Special Declaration of Interest for a higher value. In this case, an additional charge, made known upon request, must be paid by the Passenger.
b) The Carrier reserves the right to verify the adequacy of the value declared with the value of the Baggage and the contents thereof.
9. Collection and Delivery of Baggage
a) Subject to the provisions of Paragraph 6 (c) of this Article, Passengers must collect their Baggage as soon as it is made available to them at the arrival points or Agreed Stopping Place points. If Passengers do not collect their Baggage within a reasonable length of time, the Carrier may invoice custody charges of a reasonable amount. If a Passenger does not collect Baggage within three months of the Baggage being made available for collection, the Carrier may dispose of said Baggage, without being liable toward the Passenger in any way;
b)Only the bearer of the Baggage Check or the Baggage Identification Tag is entitled to collect the Baggage;
c)If a person claiming Baggage fails to produce the Baggage Check and to identify the Baggage by means of the Baggage Identification Tag, the Carrier shall only hand over the Baggage on the condition that the person establishes his/her rights thereto in a satisfactory manner; at the Carrier’s request, the person must provide sufficient guarantees to cover any loss, damage or expenses that may result from such delivery;
d) Acceptance of the Baggage by the bearer of the Baggage Check or the Identification Tag without complaint at the time of delivery is sufficient evidence, unless proven otherwise, that the Baggage was delivered in good condition, in accordance with the Contract of Carriage.
The Carrier may agree to carry Passengers´ animals, under the following conditions :
a) Dogs, cats, birds and other pets must be suitably placed in a clear-view container and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits. Depending on destinations, the carriage of said animals may be subject to conditions, which the Carrier will make available to the Passenger on request;
b) If accepted as Baggage, the animal and its container will not be included in the free Baggage allowance, but will constitute excess Baggage, for which the Passenger must pay the applicable rate;
c) Guide dogs and their container accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the normal free Baggage allowance, in accordance with the Carrier’s regulations, available on request;
d) Where carriage is not subject to the liability rules of the Convention, the Carrier shall not be liable for injury to, loss, delay, illness or death of an animal the Carrier agreed to carry, unless said Damage is due to the Carrier’s fault or negligence;
e) It is the full responsibility of the Passenger to obtain and present all the documents required by the authorities of the destination or transit country. The Carrier is prohibited from carrying animals that do not have the requisite documents. In the event of fraud or the absence or invalidity of the required documents, the Carrier shall not assume any liability for the injuries, losses, delays, illnesses or death of the animals carried, unless caused by the Carrier’s fault or negligence. Passengers who travel with such animals must reimburse the fines, loss, compensation and all costs incurred as a result of such a situation.
Article IX : schedules, delays, cancellation of flights
a) The flights and flight Schedules listed in the Carrier’s Schedule Indicators may change between the date of publication and the date of the Passenger’s journey. The Schedule Indicators have no contractual value.
b) Prior to acceptance of the Reservation the Carrier will notify the Passenger of the applicable flight Schedules, which will be shown on the Ticket. It is possible that the scheduled flight times may need to be changed by the Carrier subsequent to Ticket purchase. In this case, Passengers will be advised of the change if the Carrier has been provided with their contact details. Passengers are nevertheless requested to check with the Carrier, before their scheduled departure date, that the flight Schedules shown on their carriage Ticket or their Travel Memo have not been altered.
If, after issue of the Ticket, the Carrier makes a significant change to the scheduled flight time, which is not convenient to the Passenger, and if the Carrier is unable to offer a more suitable Reservation, the Passenger will be entitled to a refund of the Ticket, in accordance with Article X/2 below.
2. Cancellation, Rerouting, Delays
a) The Carrier will do everything possible to carry Passengers and their Baggage. In this respect, and with the aim of avoiding flight cancellation, the Carrier may be led to offer carriage to Passengers on flights operated by another Carrier, as defined in Article I above, or by any other means of transport.
b) Except as otherwise provided for in the Convention, and within the limits of a single Contract of Carriage that is the subject of a Reservation made by the Passenger, if the Carrier cancels a flight, or operates a flight with excessive delays compared to the planned schedule, or if the flight does not stop at the Agreed Stopping Place or the point of destination, or if the Carrier causes the Passenger to miss a connecting flight, the Carrier must, in agreement with the Passenger:
- lCarry the Passenger on another of the Carrier’s scheduled flights with an available seat, without surcharge and, where applicable, extend the Ticket validity commensurately, or
- Reroute the Passenger to the destination shown on the Ticket within a reasonable time, in whole or in part on the Carrier’s own scheduled flights or those of another Carrier, as defined in Article I above, or by any other mutually agreed means of transport. If the fare and charges for the new routing are lower than the refund value of the Ticket, in whole or in part, the Carrier will refund the difference to the Passenger, or
- The Carrier will refund the Passenger’s Ticket, in accordance with Article X, below.
c) In the cases referred to in Paragraph 2 of this Article and except as otherwise provided for by the Convention, the choices offered in sub-paragraph b) are the only choices the Carrier is obliged to offer the Passenger.
3. Compensation for Denied Boarding in the event of Overbooking
If, owing to scheduled overbooking, the Carrier is unable to offer a seat to the Passenger, even though the Passenger has a confirmed Reservation, a valid Ticket and has checked in within the required timeframes and conditions, the Carrier shall grant the compensation provided for by applicable law.
Article X : refunds
1. General Provisions
In accordance with fare regulations, the Carrier will refund all or part of an unused Ticket, under the following conditions :
a)Except as otherwise provided for in this Article, the Carrier shall be entitled to refund either the person named in the Ticket, or the person who paid for the Ticket, upon presentation of satisfactory proof of such payment;
b) If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, the Carrier shall refund the person who paid for the Ticket, or to that person's order;
c) Except in the event of Ticket loss, refunds will only be made upon remittance to the Carrier of the Passenger Coupon or the Passenger Receipt, as well as of all unused Flight Coupons;
d) A refund made to a person presenting himself/herself as the person entitled to said refund, in accordance with sub-paragraphs (a) and (b) above, and who remits to the Carrier the Passenger Coupon or the Passenger Receipt, as well as all the unused Flight Coupons, shall be deemed valid and shall release the Carrier from all liability and all subsequent claims to reimbursement;
e)An event of Force Majeure occurring after the Passenger started the journey and preventing the Passenger from continuing it shall not give rise to a Ticket refund. In such an event, Article III 2 (c) of these General Conditions of Carriage (extension of the Ticket validity) will apply.
2. Involuntary Refunds
If the Carrier cancels a flight, or operates the flight with excessive delays compared to the planned schedule or the flight does not stop at the Agreed Stopping Place or scheduled destination, or if the Carrier causes a Passenger to miss a connecting flight, or if the Carrier denies boarding to a Passenger due to scheduled overbooking, Passengers who hold a single Contract of Carriage may obtain a refund of an amount:
a)equivalent to the fare paid, if no portion of the Ticket was used;
b) at least equivalent to the difference between the fare paid and the fare corresponding to the carriage not provided, with reference to the route mentioned on the Ticket, if a portion of the Ticket was used.
In the event of Involuntary downgrading, where a Passenger is placed in a lower class than that for which the Ticket was purchased, a refund will be provided in accordance with the European law in force (regulation 261/2004), of an amount corresponding to the difference in class.
3. Voluntary Refunds
a) SIf a Passenger is entitled to obtain reimbursement for a Ticket, for reasons other than those mentioned in Paragraph 2 of this Article, the refund shall be of an amount equivalent to:
- the fare paid, less any reasonable administrative or cancellation charges, if no portion of the Ticket was used;
- the difference between the fare paid and the fare applicable to the scheduled route for which the Ticket was used, if a portion of the Ticket was used, less any reasonable administrative or cancellation charges.
b) The refunds referred to in this Paragraph 3 may be precluded by Government requirements or any other contractual document between the Carrier and the Passenger. Such regulations apply in particular to Tickets labelled "non refundable".
4. Refunds for Tickets Declared to be Lost or Stolen
In the event of the loss or theft of all or part of a Passenger’s Ticket, the Passenger may, upon furnishing the Carrier with proof of the loss or theft of the Ticket and upon payment of reasonable administrative charges, be refunded as promptly as possible after the expiry of the Ticket’s validity, provided that:
a)The Ticket or the portion of it that was lost or stolen has not been used, previously refunded or replaced without further payment (unless one of these situations was caused by the Carrier); and that
b) the person to whom the refund is made undertakes, in the forms notified to them, to pay over to the Carrier the amount thus refunded, in the event of fraud and to the extent that the lost or stolen Ticket is used by a third party (except where fraudulent use by a third party is caused by the Carrier);
c) If the Carrier or Authorised Agent lose the Ticket or a portion of it, they shall be wholly liable for the loss.
5. Refund Refusal Right
The Carrier may refuse a refund:
a) For any Ticket, if the request is made after expiry of the Ticket’s validity;
b) For a Ticket presented to the Carrier, or to the authorities of a country, which meets the legislative or regulatory requirement to possess a ticket allowing the Passenger to leave the country, unless the Passenger provides sufficient proof establishing that he/she has permission to remain in said country or will leave by another Carrier, as defined in Article I above, or by another means of transport;
c) For a Ticket, the holder of which was refused entry by the destination or transit authorities on the scheduled route, and if the Passenger was returned to his/her boarding point for this reason;
d) For a stolen, forged or counterfeit Ticket;
e) For a Ticket, in a currency different from the currency used for payment;
f) For a Ticket labelled "non-refundable".
6. Refund Currency
a) Subject to applicable law, the Carrier reserves the right to make the refund in the same form and in the same currency as those used when the Ticket was purchased.
b) If the Carrier agrees to make a refund in a currency different from the payment currency, the refund shall be made at an exchange rate and under conditions determined by the Carrier.
7. Persons Authorized to Refund
Refunds shall only be made by the Carrier who originally issued the Ticket or by an Authorized Agent, if so authorized by the Carrier.
Article XI: conduct aboard aircraft
a) If the Carrier estimates that the conduct of the Passenger on board the aircraft, according to circumstances, is liable to obstruct, threaten or endanger one or more persons including the crew, items of property or the aircraft itself, the Carrier may take all necessary safety measures. To this end, the Carrier may use restraining measures and/or disembark the Passenger at any stage of the flight.
b) For security reasons, the Carrier may decide to prohibit Passengers’ use of electronic devices (notably portable radios, cellular telephones, electronic games, transmitting devices).
c)The use of electronic devices which do not emit radio signals is forbidden while the aircraft is at the gate, and during taxiing, takeoff, ascent, descent, approach and landing.
d) Such devices notably include laptop computers, computers, digital cameras, cassette recorders and players, video recorders, camcorders and CD players.
e) Hearing aids, heart pacemakers and other medical devices implanted in the human body may be used at all times.
f) The Carrier may limit or prohibit the consumption of alcohol on board the aircraft.
g) The Passenger may be prosecuted for failure to comply with the provisions of this Article while on board the aircraft.
Article XII : arrangements for additional services
The Carrier, within the scope of a Contract of Carriage and subject to applicable law, may agree to provide the Passenger with ancillary services via third parties. In this case the Carrier will incur no liability towards Passengers, except in the event of wilful or serious negligence on the Carrier’s part.
If the Carrier provides surface transport services, other Conditions of Carriage and, in particular, other liability systems may apply to such surface transport. The Conditions of Carriage and the liability systems are available, upon request, from the Carrier or from the Carrier providing the surface transport services, as applicable.
Artcile XIII : administrative formalities
1. General Provisions
Passengers are responsible for obtaining all necessary travel documents, including visas and specific permits which may be required under the legal and regulatory provisions in force in departure, arrival and transit States, and must comply with the requirements of the authorities of these countries regarding immigration and border checks.
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 the paragraph above.
2. Travel Documents
a) Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the laws or regulations in force in the States concerned, and to allow the Carrier to make a copy of said documents, if required, at the Carrier’s discretion.
b) The Carrier reserves the right, in accordance with Article VII/1/(a) above, to refuse carriage if a Passenger does not comply with the laws and regulations in force or if the Passenger’s travel documents do not appear to be in order.
3. Refusal of Entry
If a Passenger is refused entry to a territory, the Passenger must pay all the resulting charges or fines imposed on the Carrier by the local authorities, as well as the price of carriage from said territory. The fare collected for carriage to the territory for which entry was refused shall not be refunded by the Carrier.
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 owing to the non-compliance, whether voluntary or involuntary, by a Passenger with the law in force in the States concerned, or due to failure to present 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. The Carrier may apply towards such payment the value of unused carriage on the Passenger’s Ticket or any funds made over to the Carrier by the Passenger.
5. Customs Inspections
Passengers may be called on to be present at the inspection of their checked or unchecked Baggage at the request of the customs or any other Government authority. The Carrier may not be held liable for Damage or losses suffered by Passengers who fail to comply with this provision.
6. Security Checks
Passengers are required to submit to the security and safety checks required by the Government or airport authorities, or by the Carrier.
Article XIV : successive carriers
Carriage performed by several successive Carriers, under a single Ticket or a Conjunction Ticket, is deemed to constitute a single carriage operation, under the Convention.
Article XV : liability for damage
1. General Provisions
The Carrier’s liability shall be determined by the General Conditions of Carriage of the Carrier that issued the Ticket, except as otherwise provided for and brought to the Passenger’s attention. Where the Carrier’s liability is incurred, the following provisions shall apply:
a) 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. 889/2002 applicable from 28 June 2004 amending Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, as well as, where applicable, the IATA Agreements specified in Article I above;
b) The Carrier shall be liable for the harm caused in the event of death or bodily injury provided that the accident that caused the death or bodily injury occurred on board the aircraft or during any embarking or disembarking operations, as defined by the Convention;
c) To the extent that the following provisions do not conflict with the other provisions in these Conditions, and regardless of whether or not the Convention is applicable:
- The Carrier’s liability is limited to Damage that occurred during air Carriage for which its Designator Code appears on the Coupon or the Ticket corresponding to the flight. If the Carrier issues a Ticket or checks in Baggage for carriage on another Carrier, the Carrier only does so as agent for said other Carrier. However, as regards Checked Baggage, Passengers are entitled to make a claim against the first or the last Carrier involved in their journey;
- The Carrier’s liability cannot exceed the amount of the proven direct Damage and the Carrier shall not be liable in any way for any consequential Damage or any form of non-compensatory Damage;
- The Carrier may in no way be held liable for Damage resulting from the Carrier’s compliance with or the Passenger’s failure to comply with applicable laws, rules or regulations;
- LThe Carrier bears no liability for Damage to Unchecked Baggage, unless such Damage is directly caused by the Carrier’s fault, which must be proved by the Passenger;
- The Carrier is not liable for any illness, injury or disability, including death, caused by the Passenger’s physical condition, nor for any aggravation of said 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 Authorized Agents, employees and representatives, and the owner of the aircraft used by the Carrier, as well as the agents, employees and representatives of said owner. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier’s liability;
- If the negligence or other wrongful action or omission of the person claiming compensation or the person whose rights they hold caused the Damage or contributed thereto, the Carrier shall be wholly or partially exempt from liability with respect to said person, including in the event of death or bodily injury, in accordance with the law in force;
d) Nothing in these Conditions of Carriage shall waive any limitation of liability under the Convention or applicable laws, unless expressly otherwise provided.
Unless expressly otherwise provided, none of these provisions involve the waiver of the exclusion or limitation of the liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, servants, agents or representatives, in accordance with the Convention and applicable law.
2. Liability for Bodily Injury
a) In accordance with Article 17 § 1 of the Montreal Convention, the Carrier is liable for the 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 during any embarking or disembarking operations, as defined by the Montreal Convention, and subject to any liability exemptions.
b) The Carrier shall not be liable for the Damage if the Carrier provides proof that:
- The death or bodily injuries suffered resulted from the physical or mental health of the Passenger prior to the Passenger embarking on board the flight;
- The Damage was caused, in whole or in part, by the negligence, wrongful act or omission of the person claiming compensation or the person whose rights they hold;
- The Damage is not due to the negligence, or other wrongful act or omission of the Carrier, or the Carrier’s servants or agents, insofar as the amount of Damage exceeds 100,000 SDR per Passenger, in accordance with the Convention;
- LThe Damage results solely from the negligence, or other wrongful act or omission of a third party, insofar as the amount of Damage exceeds 100,000 SDR per Passenger.
c) Amount of compensable Damage :
The amount of the Carrier’s liability in the event of the death or bodily injury of a Passenger, as defined by Paragraph (a) of this Article, is not subject to any limitation. The amount of the compensable Damage shall cover the redress of the Damage, as fixed by amicable agreement, by expert appraisal or by the competent Courts.
Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
d) The Carrier reserves all rights to remedies and subrogation against all third parties.
e) In the event of death or bodily injury resulting from an air accident, as defined by the Convention and Regulation (EC) No. 889 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No. 2027 of 19 October 1997, the person identified as Beneficiary may benefit from an advance to enable them to meet their immediate needs, in proportion to the material damage suffered. This 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, the 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.
The payment of said advances or early payments does not constitute recognition of liability and said amounts may be deducted from the amounts paid subsequently by the Community Carrier as compensation, depending on the liability thereof.
Said advance is not refundable except where proof is provided that the negligence or other wrongful act or omission of the person 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.
3. Liability for Delays
a) Characteristics of the compensable Damage :
- Solely proven direct Damage resulting directly 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 the Damage resulting directly from the delay.
b) Extent of the Carrier’s liability :
- The Carrier shall not be liable for Damage resulting from the delay if it proves that the Carrier, its servants or agents took all measures that should reasonably be taken to avoid the Damage or that it was impossible for the Carrier to take such measures;
- The Carrier is not liable for the Damage that results from the delay, if the delay is attributable to the Passenger or the Passenger contributed thereto, i.e. if the Damage results in whole or in part from the negligence, or wrongful act or omission of the person who is claiming compensation or of the person whose rights they hold.
c) Extent of the Compensation
In the event of Damage suffered by Passengers as the result of a delay, as defined by the Convention, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 4,150 SDR per Passenger. The amount of the 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 with the awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 1,000 SDR per Passenger. Lump-sum compensation (intended to cover costs of immediate requirements) may be granted to Passengers.
4. Liability for Baggage
a) The Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the accident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
b) 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 or an inherent defect of 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 Paragraph (c) below, for any Damage and/or loss caused to fragile, perishable or valuable items or items that are not adequately packed, in accordance with Article VIII/3 above, unless the Passenger made the Special Declaration of Interest provided for in Article VIII/8 (a) above and if the Passenger paid the corresponding surcharge;
- LThe Carrier shall not be liable for damage caused in whole or in part to Baggage, due to the negligence, or a wrongful act or omission of the person who is claiming compensation or of the person whose rights they hold.
c) Amount of the Compensable Damage :
For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could result therefrom, the Carrier’s liability in the event of Damage shall be limited to 1,000 SDR per Passenger. If a higher value was declared, in accordance with Article VIII, 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 a proven fault by the Carrier, its servants or agents. Said liability shall in this case be limited to 1,000 SDR per Passenger.
Article XVI : time limitation on claims and action
a) The receipt of Checked Baggage without complaint by the Passenger shall constitute a presumption in favour of the Carrier that the Baggage was delivered in good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared by the Passenger to the Carrier upon arrival of the flight. Any declarations made subsequently may not be taken into account.
b)In the event of the damage, delay, loss or destruction of Baggage, the Passenger must file a written complaint with the Carrier as soon as possible and at the latest within the respective time limits of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) 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 actions against the Carrier shall be inadmissible.
Complaints must be sent immediately and in writing to the following address:
Air Austral - Customer service
Zone aéroportuaire Roland Garros
BP611 97472 Saint Denis Cedex - Réunion
c)The right to compensation shall expire if no complaint is filed within two years of the arrival date of the aircraft, or following the date on which the aircraft was scheduled to land.
d) All complaints and actions mentioned in Paragraphs a) and b) above must be made in writing, within the specified time limits.
Article XVII : modifications and deletions
No agent, employee or representative of the Carrier will be authorized to change, modify or delete any of the provisions of these General Conditions of Carriage.
Article XVIII : disputes and applicable law
The General Conditions of Carriage are governed by French law.