The passenger commits to transmit to the Carrier all the information necessary for the realization of the reservation and the communication of the notifications to the passengers: identity (surname/first names/nationality/date and place of birth/number and nature of a ‘identify). The Passenger must also give their telephone number (preferably mobile) as well as a valid email address in order to be contacted in real time by the Carrier in the event of modification or cancellation of the flight, change of schedule, etc.

Reservations must be accepted and recorded by the Carrier or its Authorized Agent in the reservation computer system to be confirmed (confirmed status). The Carrier may provide a written confirmation of the reservation upon request.

The deadline for payment of the Reservation is expressly notified to the Passenger by Air Calédonie or its accredited agent at the time of the reservation. If payment for the reservation has not been made by 11:59 p.m. on the day indicated as the deadline and in the absence of a credit agreement with the carrier, Air Calédonie reserves the right to cancel the reservation without notice and to dispose of the space thus released without the Carrier’s liability being engaged.

As soon as payment for the Reservation is made, it becomes an electronic Ticket.

Segments of the same ticket must be used by the passenger in their entirety and in sequential order. If the Passenger does not show up to check-in for a flight, the Carrier may cancel their tickets for onward or return journeys, unless the Passenger has previously informed the Carrier and in compliance with the possibilities of modification or cancellation and fees provided for in the pricing conditions available on the company’s website: www.air-caledonie.nc . In all cases, the non-traveled segments will not be reimbursed.

Passengers traveling in groups (from 15 passengers) are subject to a quote request from the carrier. They have a period of 2 weeks to confirm their reservation with the payment of a deposit.

Any person requiring special assistance is required to seek the Carrier’s prior agreement from the sales teams at the time of Booking and at least 48 hours before departure. The Carrier may refuse carriage for reasons related to safety requirements.

Passengers who, at the time of purchasing their Electronic Ticket, have obtained the Carrier’s consent, in full knowledge of the facts, cannot be refused boarding due to their disability or their particular need.

A contrario, if a request corresponding to the cases referred to in paragraphs e.1., e.2. and e.3. below, is made only at the time of check-in, the Carrier is entitled to refuse to board the Passenger in accordance with the provisions of this article. < /p>

e.1. Sick person or other special assistant

The carriage of Passengers with Reduced Mobility, sick people or any other person requiring special assistance is subject to the prior agreement of the Carrier.

If the Passenger has a medical history, it is recommended that they consult a doctor before boarding a flight, and take all necessary precautions.

Access to certain seats may be denied to disabled persons and persons with reduced mobility in order to comply with applicable aviation safety requirements. Access restrictions apply to seats near emergency exits.

Passengers whose size requires the occupation of a second seat, must indicate this when booking and pay for the second seat at the corresponding price.

e.2. Luggage and transportation of mobility equipment

Air Calédonie carries free of charge in the hold in addition to the baggage allowance, mobility equipment (wheelchair or walker) subject to sufficient space on board the aircraft and without prejudice to the application of legislation relating to hazardous materials.

e.3. Pregnant women

Pregnant women whose pregnancy progresses without particularity, can travel without any particular formality until the thirty-eighth (38th) week. From this date, the pregnant woman must provide a medical certificate of less than 24 hours, attesting to a very low risk of imminent delivery. However, the Company advises you to consult your doctor before your departure.

e.4. Children – Babies

Ticket reservations for the benefit of a minor passenger are subject to the agreement of their legal administrator or to the justification of the act emancipating the minor if necessary.

This agreement is materialized by the registration of a valid identity document of the said legal administrator, as well as all the information necessary for the realization of the reservation and the communication of the notifications to the passengers as mentioned in a) of this article.

Unaccompanied children are not accepted on Air Calédonie flights.

Any child under the age of eleven (11) must travel accompanied by a valid and responsible person aged eighteen (18) or older or by his or her parent or legal representative. An adult can have a maximum of 11 children under their responsibility during the same flight.

For safety reasons, the number of children under 2 years old (baby) on board an aircraft is limited to 6. The baby fare does not allow you to have a seat during the flight. The baby travels on the lap of one of its parents, legal representative, or a valid and responsible person aged eighteen (18) or over.

An attendant can only have one baby under their care.

Before accepting the purchase, Air Calédonie will inform the Passenger of the applicable times, which will be reproduced on their ticket. It is possible that the Carrier has to modify the scheduled flight times after the purchase of the ticket. This is the reason why it is strongly recommended that the Passenger leave their details or those of a contact at the departure and at the destination so that the Carrier can inform them. The Passenger is invited to find out from the Carrier, before the scheduled date of their departure, that the Flight Schedules appearing on their Travel Memo have not been modified.

Air Calédonie undertakes to make its best efforts to transport the Passenger, as well as their baggage, with reasonable diligence. Times shown on tickets or elsewhere are not guaranteed and do not form part of the contract of carriage. Air Calédonie may, without notice, substitute other carriers, use other aircraft.

Air Calédonie assumes no responsibility for connections purchased on another transport contract.

It designates the time limit before which the Passenger must have completed their check-in formalities, including, where applicable, their baggage and be in possession of their boarding pass.

Air Calédonie will communicate information relating to the Check-in Deadline (HLE) applicable to each flight. The Passenger must arrive at the Carrier’s check-in counter sufficiently early before the departure of the flight, in order to avoid crowds and to complete all the formalities before the Check-in Deadline indicated by the Carrier.

The Passenger must imperatively respect the Check-in Deadline. Failing this, he is considered as not having presented himself for check-in (“no show”) and will be refused boarding in accordance with article 15 of these general conditions (and, where applicable, the flight return from his trip may be cancelled.

It is fixed at H-30 min from the departure time of your flight. the Passenger must imperatively respect this schedule. Failing this, the Passenger is considered as not having shown up for boarding (“no show”) and access to boarding will be refused and, if necessary, the return flight of your trip may be cancelled, without any responsibility towards the Passenger.

Fares, expressed in Pacific Francs, apply only to carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise indicated. They do not include surface transport between airports, or between airports and the city.

The applicable Fares are those published by the Carrier or calculated by the latter in accordance with the fare regulations in force for the flight(s) indicated on the Travel Memo, from the point of departure to the point of destination, on the date of purchase of the Ticket. electronic. Any change in travel date or time may affect the applicable Fare.

All fees, taxes or charges imposed by a government, by any other authority or by the manager of an airport will be the responsibility of the Passenger who will be notified when purchasing the Ticket. Nevertheless, fees, taxes and charges may be created or increased after the date of purchase of the Ticket and the Passenger must pay the corresponding amount. Conversely, if some are reduced or removed, the Passenger may be reimbursed up to the amount.

The following payment methods are accepted: cash, credit cards, transfers and credit notes (EMD).

Fares, taxes, service charges, penalties and fees are payable in Pacific Francs, the official currency in New Caledonia. However, the Carrier may, at its discretion, accept payment in another currency.

Air Calédonie retains full ownership of the tickets sold until full payment of the price, in principal, fees and taxes included.

a.1) The Electronic Ticket attests to the existence of a Contract of Carriage, both in its conclusion and in its content, between the Carrier and the Passenger whose name appears on the Travel Memo.

a.2) The transport service is provided only to the Passenger designated on the Electronic Ticket or on the Travel Memo. The Carrier reserves the right to carry out documentary verification of the Passenger’s identity at any time.

a.3) An Electronic Ticket or Travel Memo is not transferable. If a person other than the one who is to travel presents himself with a Travel Memo for the purpose of transport or reimbursement, the Carrier will not assume any responsibility, if in good faith, the latter transports or reimburses the person who presents the document. . Changing the passenger’s name would amount to a transfer of the Ticket and is never possible.

a.4) Electronic tickets sold at reduced rates are partially or totally non-modifiable and/or non-refundable (see pricing conditions on the www.air-caledonie.nc website). It is the Passenger’s responsibility, when booking, to check the conditions applicable to the use of their Ticket and, if necessary, to take out the appropriate insurance to cover the cases in which they have to cancel their trip.

a.5) If the Passenger benefits from a fare reduction or a fare subject to special conditions, they must be able, at any time during their trip, to provide the appropriate supporting documents and demonstrate that they are valid. Failing this, a price readjustment, corresponding to the difference between the Price including VAT initially paid and the Price including VAT that he should have paid, will be made or the Passenger may be refused boarding.

b.1) Unless otherwise provided either in the Electronic Ticket or in these General Conditions of Carriage, or in the event of a special Fare affecting the period of validity of a Ticket, as indicated on the Travel Memo, a Ticket is valid for one year from the date of issue.

b.2) When, after having started their journey, the Passenger is unable, for health reasons, to continue during the period of validity of the Ticket, the Carrier may extend the validity of the Ticket on presentation of a medical certificate. appropriate, until the date on which the Passenger will be able to travel again or until the date of the first available flight and at the latest three months from the date shown on the medical certificate, except for special fare conditions.

b.3) In the event of the death of a Passenger before or during the trip, reimbursement may be made according to the fare conditions of the ticket.

In the event of the death of a Passenger during the journey, the period of validity of the Tickets of the persons accompanying the deceased may be extended, after receipt of a death certificate. Any extension may not exceed forty-five (45) days from the date of death.

c.1) A Ticket is only valid for the specified carriage from the point of departure to the point of destination. The fare paid by the Passenger corresponds to the route indicated on the Ticket and forms an integral part of the Contract of Carriage. The Ticket will not be accepted and will lose all validity if the Segments have not been used in their order of issue.

c.2) A change in the point of departure or destination of the trip by the Passenger may lead to a change in the fare.

The Carrier’s identification may appear abbreviated on the Ticket, by means of its Designator Code or in any other form.

The passenger must indicate with vigilance and precision his full contact details thus allowing the carrier to contact him on the territory of New Caledonia. Any error concerning the surname, first name, email address or telephone number is the sole responsibility of the Passenger.

The personal data that you are likely to communicate to us is mainly used for reservation and ticket purchase purposes or to allow you to benefit from our newsletter.

The data communicated by the Passenger is mainly used for the purposes of Booking and purchasing Tickets, providing specific services or services in connection with the provision of transport, prospecting, loyalty building, animation and commercial information, receiving our newsletter and carrying out statistical studies.

The data collected may be communicated to the authorized personnel of the Carrier, its partners (Authorized Agents, Carriers within the meaning of these general conditions, etc.) or its ancillary service providers, as part of the performance of any or part of the purposes referred to above, regardless of the country where they are located.

In accordance with these general conditions, the absence of communication or the inaccuracy of the data may lead to a refusal of boarding, without the liability of Air Calédonie being engaged.

In very exceptional circumstances, Air Calédonie may be legally required, in accordance with the laws and regulations applicable in France and internationally, to communicate confidential information to the authorized French public authorities (customs, etc.).

Air Calédonie has put in place all the measures to ensure the protection of the confidentiality and security of the data collected as part of its activities. Access to such data is limited and procedures are in place to prevent any loss, misuse or fraudulent use of data.

Passenger’s rights to their data: The personal data transmitted to the Carrier in the context of this air carrier activity is collected and processed by the Sales Department as data controller within the meaning of the provisions of the General Regulations on the protection of personal data ( GDPR).

This personal data is collected, depending on the case, on different legal bases (your consent, contractual necessity, compliance with a legal obligation and/or the legitimate interest of the Data Controller).

Their processing is intended to allow us to have useful and necessary information about you to:

ensure our services as an air carrier, sale of air transport tickets,
registration and access to an individual account, which allows the user to manage his reservations,
allow the registration and reception of our newsletter and our commercial offers,
promoting products and services,
online payment of offers,
allow you to send a contact form,
sending online applications to an identified contact address,
and more generally in the context of contractual and commercial relations with Air Calédonie.

The information collected is likely to be transmitted in general to our partners, including our IT and legal partners.

The data collected about you will be kept for the duration of our contractual relationship and then archived for a period of three (3) years, in the absence of shorter or longer periods specially provided for, in particular in the event of a dispute.

You have on your personal data a right of access, rectification, and limitation, as well as a right of opposition and portability in accordance with the law. If you wish to exercise these rights, you can contact our data protection officer:

To this email: cnil@air-caledonie.nc

or by mail (with a copy of your identity document in the event of the exercise of your rights) to the following address:

CALEDONIAN AIR TRANSPORT COMPANY – AIR CALEDONIE
PO Box 212
98845 Noumea Cedex
New Caledonia

You also have the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés:

CNIL
3 Place de Fontenoy
TSA 80715
75334 Paris Cedex 07

In accordance with the fare conditions, the Carrier will refund all or part of an unused Electronic Ticket, under the following conditions:

has. Unless otherwise provided in this article, the Carrier shall be entitled to make the refund, on the basis of sufficient proof, either to the Passenger or to the payer of the Electronic Ticket.

b. A reimbursement made for the benefit of a person presenting himself as the person entitled to this reimbursement will be considered as discharge and will release the Carrier from all liability and from any subsequent claim.

vs. If the Carrier establishes that the refund request results in whole or in part from negligence, omission or wrongful behavior on the part of the Passenger who is claiming the refund or of the person from whom these rights are borrowed, the Carrier will then be entirely or partially relieved of its liability towards the other party.

b.2.1 For any segment not completed, the Passenger may request a refund, which will be for an amount equivalent to:

(a) at the fare paid, less any service charges and penalties, if no part of the Ticket has been used, and according to the reimbursement conditions applied by the Carrier.

(b) the difference between the fare paid and the fare applicable to the scheduled route for which the Ticket was used (subject to sequential use of coupons), less applicable service charges and any penalties.

b.2.2 Government prescriptions or any other contractual document between the Carrier and the Passenger may exclude the possibilities of refunds referred to in 2.1 of this paragraph, in particular in the case of Tickets whose fares are subject to restrictions or marked “non-refundable”. .

The Carrier reserves the right to refuse reimbursement of a Ticket:

(a) if requested after expiry of the validity date.
(b) in a different currency.
(c) marked “non-refundable”.

Subject to the law in force, the Carrier reserves the right to make the refund in the same form and in the same currency as those used when purchasing the Ticket.

Refunds are only made by the Carrier that originally issued the Ticket or by an Authorized Agent, if authorized.

The Passenger is required to obtain all the documents, identity documents, passports, visas and specific permits necessary for his trip, and to comply with all the legal provisions applicable in New Caledonia, as well as the Carrier’s regulations and instructions therein. related.

The Carrier cannot be held responsible for the consequences that the Passenger would suffer in the event of non-compliance with the obligations referred to in this paragraph.

(a) The Passenger is required to allow the Carrier to take a copy of the aforementioned documents, if necessary, or to note the information contained therein.

(b) The Carrier reserves the right, in accordance with Article 15, to refuse carriage if the Passenger does not comply with the laws and regulations in force or if the Carrier has doubts about the validity of the documents presented.

(c) The Carrier cannot be held liable for any loss or expense that the Passenger may incur for not having complied with the legal provisions.

If the Carrier has to pay or deposit the amount of a fine or penalty or incur expenses of any kind as a result in particular of non-compliance, voluntary or not by the Passenger, with the law in force in New Caledonia, the Passenger must reimburse the amounts thus paid or deposited and the out-of-pocket costs incurred. The Carrier may use for this purpose any amount paid to it for carriage not performed or any amount belonging to the Passenger of which the Carrier is the holder.

d.1) The Passenger may be asked to attend the inspection of his Baggage at the request of customs or any other governmental authority. The Carrier cannot be held liable for Damage or loss suffered by the Passenger who neglects to observe this provision.

d.2) The Passenger must indemnify the Carrier if an act, omission or negligence on his part during the check causes Damage to the Carrier.

e.1) The Passenger is required to submit to the security (and security) checks required by government or airport authorities as well as at the request of the Carrier.

e.2) The Passenger will submit to verification of the documentary consistency at check-in between the identity mentioned on the ticket, the boarding card and the identity document in his possession and attesting to his identity. All passengers will be subject to it regardless of their age (including minors) or their status.

e.3) The Passenger will also submit to verification of the documentary consistency at boarding between the identity mentioned on the valid boarding card and the identity document in his possession, attesting to his identity.

e.4) The Carrier cannot be held liable for having refused to carry a Passenger, if this refusal is based on the firm belief that the law, government regulations and/or applicable requirements so require.

e.5) Passengers with reduced mobility or with specific medical needs or devices (pacemaker, brace, prosthesis) are informed that the inspection/screening may require medical certificates or medical prescriptions.

All Tickets entitle the holder, at no extra charge, to the “free” carriage of a limited quantity of Baggage (in number and/or weight and size). The deductible appears on the Travel Memo, which is authentic, and must be taken into account in all cases. The Passenger may not avail himself, at any time, of derogatory conditions not mentioned on the said Travel Memo.
Information is available from the Carrier.

Baggage checked in and accepted in the hold beyond the above-mentioned allowance entails the payment of a fare supplement. The conditions relating to the payment of excess Baggage are available on request at the Carrier’s points of sale.

In all cases, the maximum weight per checked baggage may not exceed twenty-three (23) kilograms.

The Passenger must not include in their Baggage:

d.1) Objects likely to constitute a danger to the aircraft, persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and of the International Air Carriers Association (IATA) and in the regulations of the Carrier; these include explosives, pressurized gases, oxidizing, radioactive or magnetized substances, flammable substances, toxic or corrosive substances, liquid substances of any kind (with the exception of liquids carried in Hand Baggage in limited quantities and intended for the personal use of the Passenger during his trip);

d.2) Objects the transport of which is prohibited by the law in force in New Caledonia;

d.3) Objects whose weight, size, unpleasant smell, configuration or nature, particularly fragile or perishable, make them unfit for transport, taking into account the type of aircraft used;

d.4) Firearms and ammunition. Only those intended for hunting or sport or held by sworn agents may be accepted as Checked Baggage, provided that they are unloaded, suitably packaged, have the safety catch engaged and subject to acceptance by the Carrier at the time of reservation of the Ticket and upon presentation of the required supporting documents;

d.5) Edged weapons, thrusting weapons, aerosols that can be used as attack or defense weapons; collectible weapons, swords, knives and other such weapons. Excluded in the cabin, they may possibly be accepted as Checked Baggage, subject to acceptance by the Carrier;

d.6) Live animals. The conditions for transporting pets are set out in paragraph 10 of this article.

In the event of fraud, the Passenger traveling with such non-admissible objects must reimburse the fines, losses, repairs and other costs incurred as a result of such a situation. Any legal recourse may be initiated by the Carrier if necessary.

In the case of perishable materials, medicines, medical aids, funds, jewellery, works of art, precious metals, valuables or other precious objects, expensive clothing, optical appliances or photo, computers, electronic and/or telecommunications devices, identity documents, keys, samples, business papers, manuscripts or titles, the Passenger is advised to keep them in Cabin Baggage , the Carrier being released from liability in the event of theft, disappearance or loss of Checked Baggage.

It is also recalled that the Carrier is exonerated from its liability when the damage results from the nature or inherent defect of a piece of luggage.

Information on these non-admissible objects can be provided by the Carrier to the Passenger, on request.

e.1) At any boarding or intermediate point, the Carrier may, for security and/or safety reasons, refuse to carry as Baggage the items listed in paragraph 4 above, or refuse to continue to carry them. transport, if he discovers them during the journey. The Carrier has no obligation to take refused Baggage and/or articles into custody. If it does so, the Carrier will not assume any liability for custody or for any damage they may cause.

e.2) The Carrier may refuse to carry as Baggage any object due to its dimensions, shape, weight, content, configuration, nature or unpleasant odor or for reasons of operation, security/safety or to preserve the comfort and convenience of Passengers.

e.3) The Carrier may refuse to transport Baggage that it reasonably considers to be poorly packed or placed in unsuitable containers.

Information on packaging, unsuitable containers or unauthorized types of Baggage is available on request.

For safety/security reasons, the Carrier may ask the Passenger to accept, for him and/or his Baggage, a search or check. If the Passenger is not available, his Baggage may be checked or searched in his absence in order to check whether it contains any non-admissible items. If the Passenger objects, the Carrier may refuse to transport him and his Baggage. If these checks damage the Baggage and its contents or cause Damage, the Carrier cannot be held liable.

g.1) As soon as the Passenger has handed over his Baggage at check-in, the Carrier will take custody of it and issue the Passenger a Baggage Check, for each piece of checked Baggage.

g.2) The Passenger must affix his name or any other form of name to the Baggage.

g.3) Checked Baggage will, whenever possible, be transported in the same aircraft as the Passenger, unless for operational or security/safety reasons, the Carrier or the Captain decides that it will be transported on another flight. If this is the case, the Baggage will be made available to him at the destination airport.

g.4) It is the Passenger’s responsibility to ensure that the contents of their Baggage are suitably packed and protected, in particular for fragile effects or objects (notably musical instruments, precious objects).

h.1) The Carrier imposes maximum dimensions and/or weight for the single Baggage that the Passenger may carry in the cabin. The Carrier reserves the right to refuse Cabin Baggage, depending on operating conditions. If nothing has been specified by the crew, Cabin Baggage must be able to be placed under the front seat or in a closed storage space.

h.2) Cabin baggage remains the sole responsibility of the Passenger throughout the duration of the transport.

i.1) Subject to the provisions of paragraph 7 (c) of this article, it is the Passenger’s responsibility to collect their Baggage as soon as it is made available to them at the destination or Stopover points, the Carrier not being bound by any obligation beyond the provision. Within one month of said provision, the Carrier may dispose of it, without incurring any liability towards the Passenger.

i.2) Only the bearer of the Baggage Check, or the person who establishes his rights, is entitled to collect the Baggage.

i.3) Acceptance of Baggage by the bearer of the Baggage Check without protest on his part at the time of delivery constitutes a presumption, unless proven otherwise, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage.

The carriage of pets is authorized in the hold, by freight only, in accordance with the pricing conditions in force, after acceptance by the Carrier and under the following terms:

j.1) Pet and small dogs and cats must be properly placed in a labeled container. The container provided by the Passenger must comply with the criteria set by the Carrier (in particular nature and format) which may reserve the right to refuse said container.

j.2) Females about to give birth or having given birth in the week prior to transport are not permitted; transporting unweaned pups or pups under eight (8) weeks old is prohibited; animals under tranquilizers are not allowed.

j.3) Guide dogs and their cage accompanying Passengers with Reduced Mobility will be transported free of charge, in addition to the Baggage allowance.

j.4) It is the full responsibility of the Passenger to obtain and present all the documents required by the veterinary authorities and/or obtain authorization from the customary authorities (necessary depending on the destination). The Carrier will not accept the carriage of animals without the required documents. The Carrier assumes no liability for injury, loss, delay, illness or death of the transported animals, except in the case of negligence or an act attributable to the Carrier. In the event of fraud, absence or irregularity of the required documents, Passengers traveling with such animals must reimburse the fines, losses, repairs and other costs incurred as a result of such a situation.

The Carrier’s liability will be determined by these general conditions, unless provisions to the contrary are brought to the attention of the Passenger. If the Carrier’s liability is engaged, it will be under the following conditions:

a.1) Carriage performed under these General Conditions of Carriage is subject to European Parliament and Council Regulation (EC) No. 889 of 13 May 2002 amending Council Regulation (EC) No. 2027 of 9 October 1997 on the liability of Air Carriers with regard to the carriage of passengers and their baggage, as well as, where applicable, the IATA Agreements.

a.2) The Carrier’s liability is limited to Damage occurring during Air Carriage for which its Designator Code appears on the Travel Memo or the Electronic Ticket.

a.3) The Carrier’s liability shall in no way exceed the amount of proven Direct Damage. The Carrier cannot be held liable for indirect, incidental or consequential damages. Any Damage, whatever its origin, will be subject to the provisions of the Convention except for points where the Conditions of Carriage stipulate otherwise.

a.4) If negligence or another wrongful act or omission of the person seeking compensation or of the person from whom he derives his rights has caused or contributed to the Damage, the Carrier will be fully or partially exonerated from its liability. with regard to this person, including in the event of death or bodily injury according to the law in force.

a.5) The Carrier is not liable for Damage resulting from the Carrier’s compliance with laws or government directives, mandates or requests, nor from the Passenger’s failure to comply with these rules.

a.6) The Contract of Carriage, including these General Conditions of Carriage and all exclusions or limitations of liability contained therein, apply to and benefit the Authorized Agents of the Carrier, its servants, agents, representatives and the owner of the aircraft used by the Carrier, as well as to the agents, employees and representatives of this owner. The total amount recoverable from the aforementioned persons may not exceed the amount of the Carrier’s liability.

a.7) Except as otherwise expressly provided, nothing in these Conditions of Carriage shall imply a waiver of any exclusion or limitation of liability of the Carrier, the aircraft owner, their agents, servants or representatives, under the agreement or the legislation in force.

b.1) In accordance with the Montreal Convention, the Carrier is liable for Damage occurring in the event of death or bodily injury suffered by a Passenger, when the accident causing the Damage occurred on board the aircraft or during all embarkation and disembarkation operations, within the meaning of the Convention, and subject to cases of exemption from liability.

b.2) In the event of liability as referred to in Article 19.2.1, the Carrier shall not exclude or limit its liability for Damage for an amount less than 128,821 SDR per Passenger. However, the Carrier remains entitled to invoke Article 19.1.4. The Carrier shall not be liable for Damage in the event of death or bodily injury exceeding 128,821 SDRs per Passenger, if the Carrier provides proof that:

the relevant Damage is not due to negligence or any other wrongful act or omission on the part of the Carrier, its servants or its Agents; Where
the relevant Damage is solely due to the negligence or other wrongful act or omission of a third party.
The Damage in question was caused, in whole or in part, by the negligence, wrongful act or omission of the person seeking compensation or of the person from whom he derives his rights, according to Article 20 of the Montreal Convention.
The death or bodily injury that occurred results from the Passenger’s state of health, physical or mental, prior to boarding the flight.

b.3) If the age or the bodily or psychological condition of a Passenger carried is such that it constitutes a threat or a risk for him, the Carrier shall not be liable for his illness, injury or death, or the aggravation of the disease or injury concerned, if the Damage is due to this condition or its aggravation.

b.4) In the matter of a claim as referred to in paragraph (a), the Carrier shall pay, no later than 15 Days after identification of the beneficiaries entitled to compensation, an advance which must make it possible to meet immediate financial needs, and this in proportion to the damage suffered.

b.5) Subject to the provisions of Article 19.2 (d), this advance paid to the beneficiary will amount in the event of death to an amount of 16,000 SDRs per Passenger.

b.6) An advance cannot in any way be considered as an acknowledgment of liability and may be deducted from subsequent sums paid due to the Carrier’s liability. A complaint is however possible under Article 19.1 (b); or when the advance has been paid illegitimately following an unlawful act committed by the Passenger concerned, or to which he would have contributed; or if he is not the person entitled to be indemnified.

b.7) The Carrier reserves all rights of recourse or subrogation with regard to third parties.

c.1) Characteristics of the reparable Damage:

In accordance with the Montreal Convention, the Carrier is liable for Damage occurring in the event of destruction, loss or damage to Checked Baggage when the accident causing the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
The Carrier’s liability cannot be sought in the event of Damage to unchecked Baggage, unless such Damage results directly from the fault of the Carrier, of one of its servants or agents, which must be proven by the Passenger who summons him.
Customers wishing to insure special risks (fragility, theft, etc.) or values greater than the Carrier’s limitation of liability are required to take out additional insurance with their own insurer.
In the event of damage, delay, loss or destruction of baggage, the passenger concerned must submit a complaint to the Carrier within 7 days after his date of arrival including a letter of inventory detailing the damage, evaluating it and presenting the invoices supporting documents.

c.2) Exemption from the Carrier’s liability:

The Carrier shall not be liable for Damage occurring to the Passenger’s Baggage when this Damage results from the nature or an inherent defect of said Baggage. If the property contained in the Passenger’s Baggage is the cause of damage to another person or the Carrier, the Passenger must indemnify the Carrier for all losses suffered and expenses incurred as a result.
The Carrier will not assume any particular liability, other than that provided for in sub-paragraph 3.3 below, for any Damage and/or loss caused to fragile, perishable or valuable objects, or items that are inadequately packaged, in accordance with the section 16.d. above.
The Carrier shall not be liable for Damage caused in whole or in part, to Baggage, as a result of the negligence, of a prejudicial act or omission of the person seeking compensation or of the person from whom he derives his rights.
The Carrier is not responsible for normal wear and tear, scratches, dents, marks and other minor damage (zipper pulls/clasps, jammed locks, luggage feet and hinges) incurred during transport.
The Carrier cannot be held responsible for any loss or damage to Baggage prohibited for Carriage.

c.3) Amount of reparable damage:

For Checked Baggage and with the exception of acts or omissions done with the intention of causing Damage or recklessly and with the knowledge that Damage could result therefrom, the Carrier’s liability in the event of Damage shall be limited to maximum compensation ceiling set at 1,288 SDRs per Passenger.
For unchecked Baggage admitted on board, the Carrier’s liability may only be incurred in the event of proven fault on the part of the latter, its employees or agents. This liability will then be limited to the maximum compensation cap set at 1,288 SDRs per Passenger. Apart from this faulty case, only the Passenger is responsible for his Cabin Baggage which remains under his full supervision and custody.
The amounts indicated above are not fixed indemnities, but ceilings of liability. If the amount of the damage is less than these ceilings, the passenger can only claim reimbursement of the amount of the damage, the reality of which he must establish.
On the other hand, if the amount of proven damage is greater than the liability limit, the passenger can only claim compensation equal to this limit.
The Passenger must be able to prove the actual Damage suffered. If this is found, the current value at the time of the loss or damage suffered by the baggage will serve as a reference.

d.1) Characteristics of the reparable Damage:

Only direct Damage, proven and resulting directly from a delay is reparable, to the exclusion of any indirect Damage.
The Passenger must provide proof of the existence of said Damage resulting directly from the delay

d.2) Extent of Carrier’s liability:

The Carrier will not be liable for Damage resulting from the delay if it proves that it, its servants or its agents took all the measures that could reasonably be required to avoid the Damage or that it was impossible for it to take such measures. , in particular with regard to cases of force majeure.
The Carrier is not liable for Damage resulting from the delay, if it is attributable to the Passenger or if he contributed to it, i.e. if the Damage results in whole or in part from the negligence of a wrongful act or omission of the person seeking compensation or of the person from whom he derives his rights.

d.3) Extent of repair:

In the event of Damage suffered by Passengers resulting from a delay, as defined by the Montreal Convention, and with the exception of acts or omissions done with the intention of causing Damage or recklessly and knowingly that Damage could result, the Carrier’s liability is limited to the sum of 5,346 SDRs per Passenger. Within this limit, the amount of the repair will be determined according to the Damage proven 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 done with the intention of causing Damage or recklessly and with the knowledge that Damage could result , the Carrier’s liability is limited to 1,288 SDRs per Passenger.

A capped compensation, intended to cover only the costs of basic necessities, may be allocated to the Passenger upon receipt, upon request addressed to customer service via the company’s website: www.air.caledonie.nc

a.1) Receipt of Checked Baggage without protest within the deadlines provided by the recipient will constitute a presumption, unless proven otherwise by the Passenger, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage. Any missing Baggage must imperatively be reported to the carrier upon arrival of the flight.

Similarly, any object found missing in the Baggage must imperatively be reported to the carrier as soon as possible, within 48 hours maximum, any late declaration may be rejected.

a.2) In the event of damage, delay, loss or destruction of Baggage, the Passenger concerned must notify the Carrier in writing as soon as possible and at the latest within seven (7) days respectively (in the event of damage or destruction) and twenty-one (21) days (in case of delay) from the date on which the Baggage was made available to him.

In the absence of protest within the time limits provided for, all actions against the Carrier are inadmissible, except in the case of fraud on the latter’s part.

If the protest has been made within the time limits provided (seven (7) or twenty-one (21) days) and no conciliation has been found between the Carrier and the Passenger, the latter may bring an action for damages within two years of the date of arrival of the aircraft, or following the date on which the aircraft was due to land.

Any action for liability must be brought, under pain of forfeiture, within two years of arrival at destination, or of the day on which the aircraft was to arrive or of the stoppage of transport.

The method of calculating the limitation period will be determined by the law of the Court seised.
All claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits indicated.