Means the two-letter or three-letter code identifying a particular air carrier.
Means a representative who has been appointed by Carrier to represent Carrier in the sale of air Passenger transportation over the service of the Carrier and, when authorised, over the services of other air Carriers.
Means a document issued by Carrier which is attached by Carrier to a particular article of Checked Baggage for identification of such Baggage.
A Booking Confirmation, or similar document such as a ticket or boarding pass, is a document issued by or on behalf of the Carrier granting the right to Carriage, and to which the General Conditions of Carriage apply.
Means Carriage of Passengers and/or Baggage by air, gratuitously or for reward, including related transportation services.
Includes Transavia and the air carrier, other than Transavia, issuing Booking Confirmation and all air carriers that carry or undertake to carry the Passenger and/or his/her Baggage thereunder or undertake to perform any other services related to such Carriage.
Means carriage by an “actual Carrier” who, by virtue of a charter agreement with the “contracting Carrier” (charterer or tour operator), performs the whole or part of the Carriage. The contracting Carrier is the (legal) entity which, as the other party, concludes the contract of carriage with the Passenger.
Means a Booking Confirmation issued pursuant to a charter agreement.
Means baggage of which Carrier takes sole custody and for which Carrier has issued a Baggage Identification Tag.
Means the latest time set – by the Carrier - for each flight by which the Passengers must have completed their check-in formalities, including Baggage check-in where applicable.
Conditions of Contract
Means those statements contained in, or delivered with, the Booking Confirmation which include a reference to notices and/or these Conditions of Carriage.
Means whichever of the following instruments is applicable to the contract of carriage:
a. the Convention for the unification of certain rules relating to international carriage by air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention);
b. the Warsaw Convention as amended by the Hague Protocol on 28 September 1955;
c. the Convention Supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier, Guadalajara 1961;
d. the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (Montreal Convention);
e. the Warsaw Convention as amended by Montreal Protocols 1, 2 and 4 (1975).
Country of Departure
Means the country where the Place of Departure as herein defined is situated.
a Coupon may be part of the Booking Confirmation and states the name of the Passenger travelling on the flight concerned (shown on the Coupon).
means Damage of any nature whatsoever arising out of or in connection with Carriage or other related services provided by Carrier, including death, injury and Damage due to delay or partial loss.
Means calendar days, provided that, for the purposes of notification, the day upon which the notice is dispatched shall not be counted, and that for purposes of determining duration of validity the day upon which the Booking Confirmation is issued, or the flight commenced, shall not be counted.
Means a refusal to carry a Passenger on a Carrier flight.
Denied Boarding Compensation or DBC
Means compensation offered to the Passenger in accordance with the provisions of Article XVIII of theseConditions of Carriage and EU Regulation 261/2004.
European Union where Articles X and XVIII of these Conditions of Carriage refer to the European Union, such reference shall also include any countries which are not part of the European Union but in which EU Regulation 261/2004 applies, either directly or indirectly, pursuant to arrangements between those countries and the European Union.
Means any circumstances beyond the control of Carrier that could not have been prevented despite all reasonable measures being taken, as a result of which the Passenger can no longer reasonably demand performance of the agreement by Carrier. This includes cases of political instability (wars, riots, airport closure, embargoes, seizure, hostilities, unsettled international conditions, government regulations), meteorological conditions incompatible with the operation of the flight concerned (floods, earthquakes, hurricanes, thick fog, severe storms, snow or black ice on runway), security risks (terrorist attacks, bomb alert, hijacking, requisitioning of aircraft or seats on the flight by government order, fire or explosions, sabotage), unexpected flight safety shortcomings (e.g. mechanical failure, defective or non-functioning airport facilities such as defective navigation systems, de-icing station, congested x-ray screening check points, breakdown in airport information systems), unexpected diversions as a consequence of illness/childbirth on board and/or unruly Passenger(s), epidemics, strikes that affect the operation of Carrier, an air traffic management decision in relation to a particular aircraft on a particular day that gives rise to a long delay or the cancellation of one or more flights by that aircraft.
Gross Negligence (bewuste roekeloosheid)
Means any act or omission done recklessly in the knowledge that damage would probably result.
Means the all-in Carriage price, consisting of the flight of the Ticket including taxes and charges.
Means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
Passenger with reduced mobility
Means any person whose mobility in using Carriage is limited as a result of a physical disability, a learning disorder, age or any other cause of disability, and whose situation requires them to receive appropriate attention and an adjusted form of the services provided to all Passengers.
Place of Departure
Means the first point of departure as shown on the Booking Confirmation.
Place of Destination
Means the final destination as shown on the Booking Confirmation.
Means the allotment in advance of seating or sleeping accommodation for a Passenger or of space or weight capacity for baggage.
Special Declaration of Interest
Means the declaration issued by the Passenger on payment of a supplement when handing over the Baggage to be checked in to the Carrier, indicating a value in excess of the liability limit under the Convention.
Special Drawing Right or SDR
Means a unit of account established by the International Monetary Fund.
Means any fare which is not a Normal Fare.
Means the regulations and conditions applicable to a fare as determined by Carrier.
Refers to Transavia Airlines C.V. when the flights concerned have a flight number starting with ‘HV’ and Transavia France S.A.S. when the flights concerned have a flight number starting with ‘TO’.
means any baggage of the Passenger other than Checked Baggage, including personal possessions.
Article II. Applicability
a. These Conditions of Carriage are the conditions of carriage of Transavia referred to in – amongst others – Booking Confirmation. The Conditions of Carriage apply to all Carriage of Passengers and Baggage, performed by Carrier for reward. Unless otherwise agreed they also apply to gratuitous Carriage or Carriage against a reduced fare. These Conditions of Carriage take precedence over the “Conditions of Contract” in the Booking Confirmation. Carriage against special fares may also be subject to special conditions and/or Tariff Regulations, which in case of contradiction shall take precedence over these Conditions of Carriage.
b. The Conditions of Carriage shall apply to Passengers travelling on a flight or a specified flight sector, pursuant to a Booking Confirmation on which Transavia is designated as the Carrier for such flight or specified flight sector. Designation of Transavia as the Carrier for such flight or specified flight sector constitutes prima facie evidence of the contract of carriage for that flight or specified flight sector between Carrier and the person named as the Passenger on the Booking Confirmation.
c. These Conditions of Carriage have been drawn up in Dutch, French and a number of other languages. In the event of a contradiction, if the booked flight is operated by Transavia Airlines C.V., the Dutch version applies and, if the booked flight is operated by Transavia France S.A.S., the French version applies.
2. Mandatory law
The Carriage carried out by Transavia Airlines C.V. to which these Conditions of Carriage apply is governed by Dutch law. The Carriage carried out by Transavia France S.A.S. to which these Conditions of Carriage apply is governed by French law. Where it is established in law that any provision or part thereof contained herein is contrary to any statutory provision of a mandatory nature, including a provision contained in the Convention or in any other treaties, applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision or the relevant part thereof shall be regarded as not agreed, on the understanding that the other provisions of these Conditions of Carriage shall remain in full force.
3. Effective rules
All Carriage shall be subject to Carrier’s Conditions of Carriage and Carrier’s Tariff Regulations in effect on the date of commencement of Carriage as stated in the Booking Confirmation. Carrier may change these conditions from time to time. These changes enter into effect for you as a Passenger on the date specified when the change is announced. We therefore recommend that you check the conditions periodically.
Article III. Booking Confirmation
1. Booking Confirmation as evidence of contract
The Booking Confirmation constitutes evidence of the contract of carriage between Carrier and the Passenger named on the Booking Confirmation.
2. Requirements for valid Booking Confirmation
A Booking Confirmation will not be issued until the applicable fare has been paid. Passengers should be able to prove their identification and are only carried on a flight if a Booking Confirmation is issued in their name and they possess a boarding pass.
3. Booking Confirmation not transferable
A Booking Confirmation is not transferable. Carrier shall only carry the person of whom it may assume in good faith that this is the person whose name is stated on the Booking Confirmation. Carrier shall not be liable to the person so entitled, if in good faith it provides Carriage or makes a refund to the person presenting the Booking Confirmation. Carrier reserves the right to request a Passenger to identify himself/herself with valid identification.
4. Period of validity
A Booking Confirmation issued entitles its holder to Carriage on the date of the flight, unless agreed otherwise.
Carrier’s name may be abbreviated in the Booking Confirmation.
Article IV. Fares, levies, taxes and charges
Fares apply only to the Carriage from the airport of the Place of Departure to the airport of the Place of Destination. Fares do not normally include transportation service between airports and between airports and check-in desks/terminals elsewhere. Carrier may however, at its discretion, provide such transportation without additional charge.
2. Applicable fares
Applicable fares are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Tariff Regulations applicable on the date on which the Booking Confirmation is issued for the flight or flights indicated in the Booking Confirmation from the Place of Departure to the Place of Destination. Changes in itinerary or travel date may affect the applicable fare.
3. Levies, taxes and charges
The Carrier retains the right to charge separately or to charge a surcharge (after receipt of the Booking Confirmation) to the Passenger any unforeseen levies, taxes, costs or surcharges imposed by the government, national or other authorities, by the airport or the Carrier.
To the extent the applicable law permits, fares and charges are payable in any currency acceptable to Carrier. If payment is made in a currency other than the currency in which the fare is published in the country of payment, the exchange rate for such payment will be the buying rate of the bank, used by Carrier in this respect on the day the Booking Confirmation is issued.
Article V. Reservations
1. Reservation requirements
a. Reservations are not confirmed until recorded as accepted in the reservation system of Carrier or its Authorised Agent.
b. Special fares may have conditions which limit or exclude the Passenger’s right to change or cancel Reservations.
2. Booking Confirmation time limits
If a Passenger has not paid for his/her Booking Confirmation within the time limit specified by Carrier or its Authorised Agent, Carrier shall be entitled to cancel the Reservation without notice.
3. Personal data
Carrier shall do everything in its power to comply with a request made earlier for a particular seat, but cannot guarantee the allocation of a given seat despite any confirmation of the reserved seat. Carrier reserves the right to deviate from the allocation of a reserved seat if this is necessary for operational, safety or security reasons, even after Passengers have already boarded the aircraft.
Article VI. Check-in
1. Check-In Deadline
Check-In Deadlines are specific to the airport concerned. The Passenger is responsible for observing the applicable Check-In Deadline. Passengers must present themselves in good time for their flight at Carrier’s check-in desk in order to complete all the formalities which must be completed in any case before the Check-In Deadline indicated by Carrier. If the Passenger does not respect Carrier's Check-In Deadline, Carrier shall have the right to cancel the Passenger's Reservation and seat.
Passengers must present themselves at the gate of their flight before the indicated boarding time. If the Passenger fails to report to the gate in time, Carrier shall have the right to cancel the Passenger's Reservation and booking without delaying the flight.
If the Passenger fails to comply with the provisions of this article, Carrier shall not be liable for any loss, Damage or costs of the Passenger resulting from such failure.
Article VII. Refusal of and limitation on Carriage
1. Right to refuse Carriage
Carrier may refuse Carriage of Passenger and his or her Baggage or further Carriage for reasons of safety and/or order or if, in the exercise of its reasonable discretion, Carrier determines that such action is necessary:
a. because the conduct, age or mental or physical state of the Passenger is, or reasonably seems to be, such as to:
(i) require special assistance which Carrier cannot provide;
(ii) cause discomfort or make himself/herself objectionable to other Passengers; or
(iii) possibly result in hazard or risk to himself/herself or to other persons or to property;
b. because the Passenger has failed to observe the reasonable instructions of Carrier, given in order to ensure safe, efficient and comfortable Carriage for all Passengers or to enable Carrier otherwise to comply with its obligations towards other Passengers;
c. because the Passenger has expressed himself/herself in such a way or displayed such behaviour that doubt exists with respect to the safe Carriage of such person, other Passengers and crew as well as the safety of the aircraft. Such expression and/or behaviour includes the use of threatening, abusive or insulting language and/or behaviour towards ground staff and/or crew;
d. because the Passenger has refused to submit either himself/herself or his/her Baggage to a security check by Carrier or by any airport or government official, including – but not limited to – the checks referred to in Article VIII(3) and Article XIII, or the passenger has refused to present his/her identity document;
e. because the applicable fare or any charges, taxes, costs or levies payable have not been paid, or credit arrangements agreed between Carrier and the Passenger have not been complied with;
f. because any customs and/or immigration authority or any other airport or government authority has informed Carrier orally or in writing that the Passenger is not allowed to travel. This includes the situation in which the Passenger has received a negative travel advice from any of the aforesaid authorities;
g. because, in Carrier's reasonable opinion, this is necessary in order to comply with applicable laws, regulations or instructions of a state or country to be flown from, to or over;
h. because the Passenger;
(i) does not appear to be properly documented;
(ii) intends or may seek to enter a country for which he/she does not have a valid entry document;
(iii) destroyed his/her travel documents during the flight;
(iv) prevented Carrier from making and retaining copies of the travel documents;
(v) holds expired or incomplete travel documents;
(vi) holds travel documents which appear to be fraudulent or otherwise suspicious; or
i. because the Booking Confirmation presented by the Passenger:
(i) turns out to be invalid;
(ii) appears to have been acquired unlawfully or to have been purchased from an entity other than Carrier or its Authorised Agent;
(iii) has been reported lost, stolen, fraudulent or otherwise obtained in a suspicious and/or unlawful manner;
(iv) appears to be a counterfeit Ticket;
(v) contains Coupons which appear to have been altered by someone other than Carrier or its Authorised Agent, or have been mutilated; or
j. the person presenting the Booking Confirmation cannot prove that he or she is the person whose name is stated on the Booking Confirmation, in which case, the Carrier has the right to refuse to carry this person;
k. because the Passenger posed a threat to order, safety and/or discipline before the flight;
l. because the Passenger committed one of the acts or omissions referred to in this article during an earlier flight;
m. because Carrier previously notified the Passenger in writing that Carrier would no longer carry him/her on its flights;
n. because the Passenger is or appears to be in the possession of illegal drugs.
2. No entitlement to refund
The Passenger refused Carriage or removed en route for any reasons specified in Paragraph 1 of this article, is not entitled to a refund.
3. Medical conditions and unaccompanied children
Carriage of unaccompanied children, persons with reduced mobility, pregnant women, sick Passengers and other Passengers requiring special assistance shall only be performed subject to Carrier’s prior consent. Carrier reserves the right to require a medical certificate with regard to particular medical conditions. Further information can be found on Carrier's website (www.transavia.com).
Article VIII. Baggage
1. Items unacceptable as Baggage
a. The Passenger shall not include in his/her Baggage:
(i) articles, liquids or other substances (other than alcoholic beverages and non-radioactive medicinal or toilet articles, including aerosols) which may pose a risk to health, safety or property when transported by air, including (but not limited to) explosives, compressed gasses, corrosives, oxidising materials, radioactive materials, magnets, materials that are easily ignited, poisonous, perishable or irritating substances, and any further items specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organization (ICAO) and the Dangerous Goods Regulations of the International Air Transport Association (IATA) (further information on this subject is available from Carrier on request);
(ii) items, the Carriage of which is prohibited under the legislation, regulations or requirements of any state to be flown from, to or over;
(iii) articles which in the opinion of Carrier are unsuitable for carriage by reason of their character, weight, size, shape or smell;
(iv) live animals, except as provided for in Paragraph 9 of this article.
b. Weapons, knives, stabbing instruments and aerosols that may be used as offensive or defensive weapons, or firearms, ammunition and other weapons such as antique weapons, swords, replica weapons and similar items shall not be accepted for Carriage, unless carried as cargo or Checked Baggage and provided Carrier’s prior approval has been obtained.
c. Conditions of carriage
If any items referred to in Subparagraphs a and b of this paragraph are carried, whether or not they are prohibited from Carriage as Baggage, the Carriage thereof shall nevertheless be subject to the charges, limitations of liability and other provisions of these Conditions of Carriage applicable to the Carriage of Baggage.
2. Right to refuse Baggage
a. Carrier may refuse Carriage as Baggage of any item specified in Paragraph 1 of this article and may refuse further Carriage of any Baggage on discovering that it consists of or includes any such item. Carrier has no obligation to take refused Baggage and/or articles into custody. If Baggage and/or articles are taken in custody other than as Checked Baggage, Carrier does not accept any liability therefor, except in case of wilful misconduct or Gross Negligence on Carrier's part.
b. Carrier may refuse to carry Baggage which it reasonably considers to have been inadequately packed or which – in Carrier’s opinion – has been placed in unsuitable containers.
c. Carrier may refuse to carry Baggage if the Passenger has not paid the charge for excess Baggage specified in Paragraph 1 of this article.
3. Right to search Baggage
Carrier may request the Passenger to permit a search, x-ray, manual scan or other type of scan to be made of his/her person and/or his/her Baggage, and may search or have searched the Passenger’s Baggage in the latter’s absence if the Passenger is not available, for the purpose of determining whether or not he/she is in possession of or whether his Baggage contains any item named in Paragraph 1 of this article. Carrier also has the right to search the Baggage for Baggage tracing purposes or for reasons of safety and security, and in order to ensure that provisions in respect of Baggage are complied with. If the Passenger is unwilling to comply with such request, Carrier may refuse to carry the Passenger or Baggage. In the event an x-ray, manual scan or other type of scan causes Damage to the Passenger and/or his/her Baggage, Carrier does not accept any liability therefore, except in case of wilful misconduct or Gross Negligence on Carrier’s part.
4. Checked Baggage
a. Upon delivery to Carrier of Baggage to be checked, Carrier shall take custody thereof. Carrier shall thereupon issue a Baggage Identification Tag for each piece of Checked Baggage.
b. Carrier may refuse to accept Baggage as Checked Baggage unless it is properly packed in locked suitcases or other suitable containers to ensure safe Carriage with ordinary care in handling. Carrier has no obligation to take custody of refused Baggage and/or articles. If Carrier takes custody of items and/or articles other than Baggage, Carrier does not accept any liability therefor.
c. The Passenger shall not include in Checked Baggage fragile or perishable items, money, keys, jewellery, electronic and/or telecommunication equipment or applications, (precious) metals, negotiable instruments, business documents, samples, securities, valuable items, medications, medical documents, passports and other identification documents, computers, optical equipment or cameras, and works of art.
d. Prior to acceptance of Baggage, the Passenger shall affix exterior identification to the Baggage showing his/her family name and initials. If the Passenger is not willing to do so, Carrier may refuse Carriage of the Passenger and Baggage.
e. Carrier undertakes to use reasonable efforts to carry Checked Baggage on the same aircraft as the Passenger. Checked Baggage not so carried will subsequently be delivered to the Passenger as soon as reasonably possible unless applicable law and/or customs and/or airport authorities require the Passenger to collect the Baggage concerned from the (customs) authorities themselves.
f. Carrier is not liable for scratches, dents and other minor damage to suitcases or other luggage or Damage to handles, wheels and belts and other protruding parts of suitcases or luggage, or Damage due to the decay of the contents of the Baggage, unless Carrier has caused such damage by its Gross Negligence or wilful misconduct.
5. Maximum amount of luggage
a. The maximum amount of luggage per passenger is indicated on the Booking Confirmation and needs to be respected at all times. More information is available on the website (www.transavia.com) or via the call centre of your travel agent.
b. The transportation of special luggage such as bicycles, surfboards, wheelchairs and pets can be restricted. A special tariff can apply. More information is available on the website (www.transavia.com) or via the call centre of your travel agent.
6. Declaration of higher value and charge
a. Checked Baggage will be considered to be accepted without declaration of a higher value. However, Passengers can increase the limit of liability for loss, damage or delay of Baggage by filling in a “Special Declaration of Interest” stating a higher value of the baggage. Carrier will charge a supplementary fee for this. This fee is based on a tariff, caused by the extra costs for Carriage and insurance of the Baggage involved, on top of the relevant costs for Baggage valued at or beneath the amount of the liability limit. This tariff can be obtained on request.
b. Carrier may refuse a Special Declaration of Interest if a Passenger does not comply with the time limit set by Carrier within which such a declaration must be issued. Carrier may also set an upper limit to the value stated in the declaration. In addition, Carrier reserves the right to prove in the event of Damage that the amount declared was higher than the Passenger’s actual interest at the time of the delivery.
7. Unchecked Baggage
a. Baggage which the Passenger carries into the aircraft cabin must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin that is available for use by the Passenger. Unchecked Baggage must also comply with Carrier’s further regulations. Any instruction given by Carrier in respect of the Baggage which the Passenger carried into the cabin shall be followed by the Passenger. Carrier reserves the right to refuse to admit certain Baggage to the cabin, which Baggage will then be regarded and handled as Checked Baggage.
b. Baggage and articles which the Passenger considers unsuitable for Carriage in the hold (such as fragile musical instruments and suchlike) and which do not comply with the provisions set out in Subparagraph a (such as size and weight) shall only be accepted for Carriage in the cabin if Carrier was notified of this in advance and has given its consent. A separate charge may be imposed for the Carriage of such articles.
c. Musical instruments will in principle be carried in the cargo hold. Only musical instruments which do not exceed 25 x 117 x 38 cm (including cases) and weigh less than a maximum of 10 kg may be carried in the cabin. Musical instruments which meet this condition include violins, violas, flutes, clarinets, bugles and trumpets. Caution: we only accept one item of hand luggage per passenger.
d. Further information about the exact dimensions and weight of Unchecked Baggage is available on Carrier’s website (www.transavia.com) and via Carrier's call centre.
8. Collection and delivery of Baggage
a. Baggage which the Passenger wants to carry as Checked Baggage must be presented to the Carrier by the Passenger in person.
b. It is the Passenger’s responsibility to collect his/her Baggage as soon as it is available for collection at the Place of Destination. Should the Passenger not collect the Baggage within a reasonable time, Carrier may charge the Passenger a storage fee. If a Passenger fails to collect the Baggage within three months, Carrier may dispose of the said Baggage without being liable in any way towards the Passenger. Depending on the provisions of local law, unclaimed Baggage may be handed over to the competent authorities.
c. Only the bearer of the Baggage Identification Tag issued at the time the Baggage was checked, is entitled to collect the Baggage.
d. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is evidence in principle that the Baggage has been delivered in good condition and in accordance with the contract of carriage.
a. The Carriage of dogs and cats is subject to Carrier’s explicit prior approval. It is contingent on the animals being presented in a container which Carrier considers adequate and accompanied by valid health and vaccination certificates, entry permits, and other documents required by the country of entry. Furthermore, the animal should have received all the vaccinations required for the journey and the Place of Destination. Carrier reserves the right to determine the manner of Carriage and to limit the number of animals on a flight.
b. Animals trained to assist governmental officials, rescue teams or Passengers with reduced mobility, and accompanying such officials, teams or Passengers, will be carried free of charge, together with their containers and food, in addition to the applicable free Baggage allowance.
c. Acceptance for Carriage of all animals is subject to the condition that the Passenger assumes full responsibility for the animal and for the presence of the necessary permits and certificates. Carrier shall not be liable for injury to or loss, delay, sickness or death of the animal in the event that it is refused entry into or passage through any country, state or territory, unless such Damage has been caused by Carrier’s wilful misconduct or Gross Negligence. Passengers travelling with such animals are obliged to pay all the costs and Damage resulting for Carrier from such a situation.
Carrier is entitled at all times to impose additional conditions at its discretion.
Article IX. Schedules and substitution
1. Except in case of wilful misconduct or Gross Negligence, Carrier shall not be liable for errors and omissions in timetables or other published schedules (if any), nor for any incorrect representations made by employees, Agents or representatives of Carrier or an airport as to the dates or times of departure or arrival or as to the operations of any flight. The communicated times of departure or arrival only serve as information for the Passenger and no rights can be derived from such information.
2. The applicable flight schedule is the flight schedule that applies on the date of departure. The flight schedule may be amended after the Booking Confirmation has been issued. In that case, the Passengers will be informed using the contact details provided when the booking was made. The Passenger is responsible for providing Carrier with his/her contact details through which he/she may be contacted in the event of changes to the flight schedule(s). Nevertheless, Passengers must check with Carrier prior to the scheduled date of departure whether the flight schedules as stated on their Booking Confirmation have not been changed. In the event of a schedule change with a departure time that is more than one (1) hour early or late and the Passenger decides against flying, the Passenger can apply for a refund, as stated in Article X, section 2.
3. Carrier reserves the right to arrange for a flight to be performed by an alternative Carrier and/or aircraft and/or means of transportation.
4. For Passengers departing from an airport within the borders of one of the European Union countries with a valid Booking Confirmation for a flight operated by the Carrier and who have checked in time for the check-in deadline indicated by the Carrier or any other time indicated by the Carrier, its Authorised Agent or Contracting Carrier, or, if no time is indicated, no later than 45 minutes before the announced departure time, the special redress possibilities apply in the event of a cancellation or delay in accordance with EU Regulation 261/2004.
5. If, as a consequence of force majeur or for reasons of safety, an aircraft has to be diverted to a place which is as close as possible to the place specified on the Booking Confirmation, and it cannot be expected that it will be possible to resume the flight within a reasonable period of time, the flight shall be deemed to have been completed.
Article X. Refunds
If, by request of the Passenger or the Carrier itself, Carriage is not performed in accordance with the contract of carriage, the Carrier will, unless determined otherwise by the Carrier, reimburse the flight that was not taken, or apart thereof in agreement with the following paragraphs of this article as well as the relevant Tariff Regulations.
a. Subject to the other provisions of this paragraph, Carrier shall be entitled to make a refund either to the person named in the Booking Confirmation or to the person who has paid for the flight. However, Carrier at all times reserves the right to refund only to the person who originally paid for the flight.
b. If a flight has been paid for by a person other than the Passenger named in the Booking Confirmation, and Carrier has indicated on the Booking Confirmation that there is a restriction on refund, Carrier shall make a refund only to the person paying for flight or to that person’s order.
c. A refund made to a person as referred to in Subparagraphs a or b of this paragraph shall be deemed a valid refund. A refund made to a person in accordance with this paragraph shall discharge Carrier from liability to refund and no other person shall be entitled to claim any further refund in respect of the same flight.
d. Carrier reserves the right to require the Passenger to present further proof that the Passenger is indeed entitled to a refund.
2. Involuntary refunds
If the Carrier pursuant to the aforementioned article IX:
- cancels a flight;
- a flight does not land at the Passengers’ Point of destination;
- is unable to offer the previously confirmed destination; the refund will consist of the following amount:
a. an amount equal to the paid fare if the flight is not taken at all;
b. the fare of the part or parts of the trip that were not taken if part of the flight is not taken.
3. Voluntary refunds
If the passenger waives his/her right to Carriage (either wholly or in part) for reasons other than those set out in Paragraph 2 of this article, the applicable administration and cancellation costs in conformity with the Tariff Regulations shall be charged.
4. Right to refuse refund
a. All refund requests must be made within two years after the date the Booking Confirmation was issued.
b. The Carrier is entitled to refuse a refund of a flight for which the Booking Confirmation presented to the Carrier or the government officials of the country with the intention of leaving that country, unless it is established that the Passenger has permission to stay in that country or that he or she will depart via a different Carrier or means of transport.
c. A refund may be refused for Passengers who were refused Carriage pursuant to Article VII(1).
All refunds shall be subject to the government laws, rules, regulations and guidelines of the country in which the flight was originally purchased and of the country in which the refund is being made. Subject to the foregoing provisions, refunds will normally be made in the currency in which the flight was paid for, but may be made in another currency.
6. Party making the refund
Only Carrier shall grant refunds for Booking Confirmations issued by Carrier.
Article XI. Conduct aboard aircraft
a. If the condition and/or conduct of a Passenger aboard the aircraft endangers or threatens to endanger one or more persons or property or the aircraft itself, if a Passenger obstructs the crew in the performance of their duties, fails to comply with any instruction of the crew to ensure the safety of the aircraft or the safe, efficient and comfortable Carriage of the Passengers, or behaves in a manner to which other Passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including physical restraint of the Passenger.
b. The captain is authorised to take the necessary measures in order to secure the safety of the flight, including physical restraint, to maintain the order and discipline on board and to enable him to hand over persons who disturb the order on board or who threaten the safety of the flight to the competent authorities. The Passenger is obliged to comply with the instructions given by or on behalf of the captain. The captain may report criminal offences, including non-compliance with instructions given by or on his behalf.
2. For safety reasons, Carrier may forbid or limit operation aboard the aircraft of electronic equipment, including cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games, radio controlled toys, scanners, walkie-talkies and other equipment with an antenna, with the exception of hearing aids and heart pacemakers.
3. Consumption of any alcoholic beverages brought into the aircraft by a Passenger is prohibited. Carrier may limit or discontinue the service of alcoholic beverages to the Passenger.
4. It is prohibited to carry drugs of any kind and/or use the same on board. The captain may report this to the competent authorities.
5. Smoking (which includes smoking an electronic cigarette or other form of artificial smoking) is prohibited on board. Violation of this prohibition is a criminal offence, which Carrier may report to the competent authorities.
6. Carrier has the right to refuse Carriage to any Passenger who does not comply with the obligations of this article. The Passenger shall be liable towards Carrier for Carrier’s Damage, including possible claims of third parties against Carrier, as a result of non-compliance with the obligations of this article. Carrier and the crew are not liable for Damage suffered by the Passenger as a result of the exercise by Carrier of its rights under this article.
7. If the Passenger’s conduct causes Carrier to divert the aircraft to an unscheduled Place of Destination, the Passenger must reimburse Carrier for the costs of the diversion and for all other Damage sustained by Carrier as a result of this manoeuvre.
Article XII. Arrangements by Carrier
1. If in the course of concluding the contract of carriage, Carrier also agrees to make arrangements for the provision of additional services (other than Carriage by air), Carrier shall have no liability to the Passenger except for negligence on its part in making such arrangements.
2. Carrier does not as a general rule maintain, operate or provide transfer services between airports or between airports and town centres. Carrier is not liable for transfer services provided by third parties. In cases where Carrier itself maintains and operates transfer services for its Passengers, these Conditions of Carriage shall apply to such services. Applicable charges for the use of transfer services maintained and operated by Carrier itself shall be payable by the Passenger.
3. Provisions offered on board
A range of food and beverages, consisting of sandwiches, snacks and a selection of (non) alcoholic drinks, will be sold on board. It is not possible to order special meals in advance. Only the consumption of alcohol purchased on board is permitted. Carrier will make all reasonable efforts to provide the relevant range of food and beverages as well as films etc. However, Carrier will not be liable if the operation, safety or security of the flight prevent these provisions (or suchlike) from being present or supplied, even if the said provisions were confirmed at the time of the Reservation.
Article XIII. Administrative formalities
The Passenger is responsible and liable for obtaining all required (travel) documents, visas and permits and for complying with all statutory provisions (laws, regulations, orders, demands and travel requirements) of the countries to be flown from, over and to, including the instructions of Carrier given in connection herewith. Carrier shall not be liable for the consequences to any Passenger resulting from his or her failure to comply with the aforesaid obligations. No rights can be derived from any assistance or information provided by or on behalf of Carrier.
2. Travel documents
a. On request, the Passenger shall present to Carrier or its employees, Agents or representatives, documents such as passport and all exit, entry, health and other documents required by the statutory provisions (laws, rules, regulations, orders or requirements) of the countries concerned and permit Carrier to take and retain copies thereof or otherwise to retain the data contained in the relevant documents. Carrier reserves the right to refuse Carriage of any Passenger who has not complied with the applicable statutory provisions (laws, rules, regulations, orders and requirements), or whose documents do not appear to be in order or appear to be of questionable validity to the Carrier, or who does not permit Carrier to take and retain copies thereof or otherwise retain the data contained in the relevant documents.
b. Carrier shall not be liable for the consequences to a Passenger resulting from failure to comply with the obligations referred to in Subparagraph a.
3. Refusal of entry
If a Passenger is refused entry to a country, the Passenger must pay all costs or fines that may be imposed on Carrier by the local government authorities. In addition, the Passenger must pay the applicable fare whenever Carrier, on government order, is required to return a Passenger to his Place of Departure or elsewhere. The fare collected for Carriage to the place of refusal of entry or deportation will not be refunded by Carrier.
4. Liability of Passenger for fines, detention costs etc.
If Carrier is required to pay or deposit any fine, penalty or security or incurs any expenditure by reason of the Passenger’s failure to comply with the statutory provisions (laws, rules, guidelines, regulations, orders and (travel) requirements) of the countries concerned or to produce the required documents, the Passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused Carriage or any funds of the Passenger in the possession of Carrier. In addition, Carrier may refuse Carriage if the Passenger does not reimburse Carrier for payments so made or expenditure so incurred. Information in respect of government laws, guidelines, regulations or requirements which may result in Carrier making such payments or incurring such expenditure shall be supplied on request to the best of Carrier’s knowledge but Carrier does not accept any liability in respect of information so supplied.
5. Customs inspection
a. If required, the Passenger shall attend inspection of his/her (delayed or non-delayed) Baggage by customs or other government officials and shall give all requested assistance. Carrier shall not be liable to the Passenger for any loss or Damage suffered by the Passenger through failure to comply with this requirement.
b. If Damage is caused to Carrier because of an act, omission or negligence on the part of the Passenger, including failure to comply with the requirements of the above paragraph, or because the Passenger prevented Carrier from subjecting his/her Baggage to an inspection, the Passenger shall indemnify Carrier in that regard.
6. Security checks
Passengers must submit themselves to safety and security checks by government or airport authorities, and to the checks required by Carrier.
Article XIV. Liability
a. Carriage under these Conditions of Carriage is subject to the rules and limitations relating to liability established by the Convention, even where such Carriage is international Carriage to which the Convention does not mandatorily apply.
b. Carrier’s liability shall not exceed the amount of proven Damage under any circumstances. Carrier shall not be liable for indirect, incidental or consequential damage. In respect of any Damage, howsoever caused, the provisions of the Convention shall be applied without change, except where these Conditions of Carriage expressly provide otherwise.
c. If Carrier proves that the Damage was caused, either wholly or in part, by the negligence, wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, Carrier shall be wholly or partly discharged from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the Damage. This article applies to all the liability provisions in these Conditions of Carriage, including Article XIV(2)(a).
d. Subject to the provisions of this article, Carrier shall be liable only for Damage occurring on its own flights. A Carrier issuing a Booking Confirmations or checking Baggage for the flights of another Carrier does so only as an Agent for such other Carrier.
e. Carrier shall not be liable for any Damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same.
f. Any exclusion or limitation of liability of Carrier shall also apply to and be for the benefit of Agents, employees and representatives of Carrier and the owner/lessor of the aircraft. The aggregate amount recoverable from Carrier and from such Agents, employees and representatives shall not exceed the level of Carrier’s relevant limits of liability.
g. Unless expressly provided otherwise, no provision of these Conditions of Carriage shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable law.
2. Damages for personal injury or death
a. Carrier shall be liable for proven Damage sustained in case of death or bodily injury of a Passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of embarking or disembarking, as provided in the Montreal Convention.
b. Carrier shall not limit or exclude liability arising under Article XIV(2)(a) for Damage not exceeding 113,100 SDR for each Passenger. However, Carrier remains entitled to invoke Article XIV(1)(c). On the other hand, Carrier shall not be liable for Damage arising out of the death or bodily injury of the Passenger in excess of 113,100 SDR for each Passenger if Carrier proves that:
1. such Damage was not due to the negligence or other wrongful act or omission of Carrier or its employees or Agents; or
2. such Damage was solely due to the negligence or other wrongful act or omission of a third party.
c. If a Passenger is carried whose age or mental or physical condition is such as to pose a hazard or risk to himself/herself, Carrier shall not be liable for this person’s illness, injury or death, or any aggravation of such illness or injury, provided such Damage is attributable to such condition or to the aggravation of such condition.
d. With respect to any claim pursuant to Article XIV(2)(a), Carrier shall without delay, and in any event not later than 15 Days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.
e. Without prejudice to the provisions of Article XIV(2)(d), an advance payment to the natural person entitled to compensation shall not be less than the euro equivalent of 16,000 SDR per Passenger in the event of death.
f. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Carrier’s liability, but shall not be reclaimable. However, the advance payment can be reclaimed in the cases described in Article XIV(1)(c); or
if the advance payment was wrongly made because the Passenger concerned caused, or contributed to, the Damage by an unlawful act; or
if this Passenger was not the person entitled to compensation.
g. Carrier reserves all rights of recourse and subrogation towards third parties.
3. Damage to Baggage
a. Carrier’s liability in respect of destruction, loss or Damage of Checked and Unchecked Baggage, irrespective of whether the Convention is mandatorily applicable or not, shall be limited to 1,131 SDR for each Passenger.
b. The Passenger must prove the actual Damage. On determining the Damage concerning the luggage, the current value at the time of loss or damage to the luggage applies.
c. This limit of liability does not apply:
(i) if it is proven that the Damage resulted from an act or omission of Carrier, its employees or Agents with the intent to cause damage or act recklessly in the knowledge that Damage would probably result, provided that in the case of such act or omission of an employee or Agent of Carrier, it must also be proven that this person was acting within the scope of his/her employment, and/or
(ii) if the Passenger, when handing over the Checked Baggage to the Carrier, made a Special Declaration of Interest in delivery at destination and – where necessary – paid a supplementary sum, in accordance with Article VIII(6). In that case, Carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the Passenger’s actual interest in delivery at destination.
d. Carrier shall not be liable if and to the extent that the Damage resulted from an inherent defect in the nature, quality or perishableness of the Baggage.
Any Passenger whose property causes Damage to another Passenger or his/her Baggage or to any property of Carrier shall indemnify Carrier for all costs, losses and Damage incurred by Carrier as a result thereof.
e. Carrier shall under no circumstances be liable for the loss of or damage to Baggage of which the Carriage is prohibited.
f. In case of Damage to Baggage the Passenger shall, immediately upon arrival, fill out a Property Irregularity Report (P.I.R.) or comparable form used by Carrier to report his/her claim. This form should state the names of each Passenger claiming Damage. If no such form is filled out immediately upon arrival, any Damage shall be assumed not to have been incurred during the Carriage, subject to proof of the contrary.
4. Damage as a result of delays
a. The liability of Carrier in respect of Damage occasioned by delay in the Carriage of Passengers shall be limited to 4,694 SDR for each Passenger.
b. The liability of Carrier in respect of Damage occasioned by delay in the Carriage of Baggage shall be limited to 1,131 SDR for each Passenger. This limit is subject to Article XIV(3).
c. Notwithstanding the provisions of Subparagraphs a and b of this paragraph, Carrier shall not be liable for Damage occasioned by delay if Carrier proves that it and its employees and Agents took all measures that could reasonably be required to prevent the Damage or that it was impossible for it or them to take such measures.
Article XV. Time limitation on claims and actions
a. No action shall lie in the case of Damage to Baggage (other than Damage due to delay) unless the person entitled to delivery of the Baggage complains to Carrier within 7 Days from the date of receipt. No action shall lie in the case of Damage due to delay of Checked Baggage unless the person entitled to delivery of the Checked Baggage complains to Carrier within 21 Days from the date on which the Baggage was placed at his/her disposal.
b. Every complaint must be made in writing and submitted to Carrier immediately after the discovery of the Damage or delay and at the latest within the time limits aforesaid. For further information, please see Article XIV(3)(e).
2. Any right to Damages shall lapse if a legal action is not brought within 2 years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped.
3. If the booked flight is carried out by Transavia France S.A.S., the following applies: if the Passenger has submitted a complaint to Carrier and has received no satisfactory response within a period of 60 days, then the passenger may contact the Ombudsman of tourism and travel in France, whose data and competencies are available on the website: www.mtv.travel (only available in French).