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Saint-Denis
Paris CDG
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Saint-Denis

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MYCAPRICORNE LOYALTY PROGRAM

General conditions of carriage

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;
  • The 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;
  • The 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;
  • The Carrier shall not be liable for damage caused in whole or in part to Baggage, due to the negligence, or a wrongful act or omission of the person who is claiming compensation 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.

*All inclusive - From - LS : Low season / HS : high saison - OW : One way. Subject to availibility. Fares may increase without prior notification.

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