The Passenger undertakes to provide the Carrier with all the information necessary to make the reservation and to communicate the notifications : identity (surname/first name/nationality/date and place of birth/number and type of ID). The Passenger must also communicate his/her telephone number (preferably mobile) as well as a valid e-mail address in order to be contacted in real time by the Carrier in case 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 system to be confirmed (confirmed status). The Carrier may provide 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 reservation. If the payment of the Reservation has not been made by 11:59 p.m. of 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 prior notice and to dispose of the seat thus released without the Carrier being held liable. As soon as the payment of 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 fails to check in for a flight, the Carrier may cancel his/her tickets for onward or return journeys, unless the Passenger has informed the Carrier in advance and in compliance with the possibilities of modification or cancellation and with the fees provided for in the fare conditions accessible on the company’s website: www.air-caledonie.nc . In any case, the segments not travelled will not give rise to any refund.

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

Any person requiring special assistance is required to seek prior approval from the Carrier’s sales team at the time of Reservation and at least 48 hours before departure. Carrier may refuse transportation for reasons related to safety requirements.

Passengers who, at the time of purchase of their Electronic Ticket, have obtained the consent of the Carrier, with full knowledge of the facts, may not be denied boarding due to their disability or special need.

On the other hand, 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.

e.1. Sick person or other special assistant

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

If the Passenger has a medical history, he/she is recommended to consult a doctor before boarding a flight, and to 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 body type requires a second seat must indicate this at the time of booking and pay for the second seat at the corresponding price.

e.2 Luggage and transport 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 is progressing without any particularity can travel without any particular formality until the thirty-eighth (38th) week. After 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 – Infants

Ticket reservations for a minor passenger are subject to the agreement of his/her legal guardian or to proof of the act of emancipation of the minor, if applicable.

This agreement is evidenced by the registration of a valid ID of the said legal guardian, 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 the present article.

Unaccompanied children are not accepted on Air Calédonie flights.

Any child up to the age of eleven (11) must be accompanied by a valid and responsible person of at least eighteen (18) years of age or by his/her parent or legal guardian. An adult may have a maximum of 11 children under his/her responsibility during the same flight.

For safety reasons, the number of children under 2 years of age (infants) on board an aircraft is limited to 6. The infant fare does not allow for a seat during the flight. The infant travels on the lap of a parent, legal guardian, or a responsible person of at least eighteen (18) years of age.

An accompanying person can only have one baby under his/her responsibility.

Before accepting the purchase, Air Calédonie will indicate to the Passenger the applicable schedules, which will be reproduced on the ticket. It is possible that the Carrier will have to modify the scheduled flight times, after the purchase of the ticket. For this reason, Passengers are strongly recommended to leave their contact details or those of a contact person at the departure and destination points so that the Carrier can inform them of such changes. Passengers are invited to check with the Carrier, before their scheduled departure date, 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 and his/her baggage with reasonable diligence. The times indicated on the tickets or elsewhere are not guaranteed and do not constitute an element 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 contract of carriage.

Refers to the time limit before which the Passenger must have completed check-in formalities, including, if applicable, baggage, and be in possession of his/her boarding pass.

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

Passengers must respect the Check-in Deadline. If they fail to do so, they will be considered as not having checked in (“no show”) and will be denied access to the aircraft in accordance with article 15 of these general terms and conditions (and, if applicable, the return flight of their trip may be cancelled.

It is set at H-30 min from the departure time of your flight. If they fail to do so, the Passenger is considered as not having presented themselves for boarding (“no show”) and will be denied access to the aircraft and, if necessary, the return flight of your trip may be cancelled, without any liability to the Passenger.

Rates, expressed in Pacific Francs, apply only to transportation from the airport of origin to the airport of destination, unless otherwise specified. They do not include surface transportation between airports, or between airports and the city.

The applicable Fares are those published by the Carrier or calculated by the Carrier 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, at the date of purchase of the Electronic Ticket. Any change in the date or time of travel may have an impact on the applicable Fare.

Any fees, taxes or charges imposed by any government or other authority or by the operator of an airport shall be borne by the Passenger, who shall be notified thereof at the time of Ticket purchase. Nevertheless, fees, taxes and charges may be created or increased after the date of purchase of the Ticket and the Passenger shall pay the corresponding amount. Conversely, if any of such fees, taxes and charges are reduced or waived, the Passenger may be reimbursed for the amount thereof.

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

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

Air Calédonie keeps the full and entire property of the sold tickets until the full payment of the price, in principal, expenses 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 Carriage service is only provided to the Passenger designated on the Electronic Ticket or on the Travel Memo. The Carrier reserves the right to proceed, at any time, with documentary verification of the identity of the Passenger.

a.3 An Electronic Ticket or a Travel Memo is not transferable. If a person other than the person who is to travel presents himself/herself with a Travel Memo for carriage or refund, the Carrier shall not assume any liability, if in good faith, the Carrier carries or refunds the person presenting the document. The modification of the passenger’s name would be equivalent to an assignment of the Ticket and is never possible.

a.4 Electronic Tickets sold at reduced fares are partially or totally non-changeable and/or non-refundable (see fare conditions on the www.air-caledonie.nc website). It is the Passenger’s responsibility, at the time of booking, to ensure that the conditions applicable to the use of their Ticket are respected and, if necessary, to take out the appropriate insurance to cover the eventuality of having to cancel their journey.

a.5 If the Passenger benefits from a fare reduction or a fare with special conditions, the Passenger must be able, at any time during his/her journey, to provide the appropriate supporting documents and to demonstrate the regularity of the fare. Failing this, a fare adjustment corresponding to the difference between the Fare including tax initially paid and the Fare including tax that should have been paid, will be made or the Passenger may be denied boarding.

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

b.2 If, after having started his/her journey, the Passenger is prevented, for health reasons, from continuing his/her journey during the period of validity of the Ticket, the Carrier may extend the validity of the Ticket upon presentation of an appropriate medical certificate, until the date on which the Passenger will be able to travel again or until the date of the first available flight, and at the latest three months from the date indicated on the medical certificate, except in the case of special Fare conditions.

b.3 In the event of the death of a Passenger before or during the journey, reimbursement may be made in accordance with 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, upon receipt of a death certificate. Any extension shall not exceed forty-five (45) days from the date of death.

c.1 A Ticket is valid only for the carriage indicated 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 is an integral part of the Contract of Carriage. The Ticket shall not be accepted and shall lose all validity if the Segments have not been used in the order in which they were issued.

c.2 The change of the point of departure or destination of the journey by the Passenger may result in the modification of the fare.

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

Passengers must carefully and accurately provide their full contact details to enable the Carrier to contact them in New Caledonia. Any error concerning the name, first name, e-mail address or telephone number is the sole responsibility of the Passenger.

The personal data that you are likely to communicate to us are mainly used for the purposes of booking and purchasing a ticket or to enable you to benefit from our newsletter.

The data communicated by the Passenger is mainly used for the purposes of booking and purchasing a Ticket, providing specific services in connection with the transport service, prospecting, loyalty, promotion 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 terms and conditions, etc.) or its ancillary service providers, within the framework of the accomplishment of all or part of the purposes referred to above, regardless of the country in which they are located.

In accordance with the present general conditions, the absence of communication or the inaccuracy of the data may lead to a refusal of boarding, without Air Calédonie being held responsible.
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 measures to ensure the protection of the confidentiality and security of the data collected in the framework of its activities. Access to such data is limited and procedures are in place to avoid any loss, misuse or fraudulent use of data.

Passenger’s rights on their data: The personal data transmitted to the Carrier in the context of this air carrier activity are collected and processed by the Commercial Department in its capacity as Data Controller within the meaning of the provisions of the General Regulation on the Protection of Personal Data (GRPD).
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).

The purpose of their processing is to enable us to have useful and necessary information about you in order to :
 provide our services as an air carrier and sell 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,
 the promotion of products and services,
 the online payment of offers,
 to send a contact form,
 sending online applications to an identified contact address,
 and more generally within the framework of contractual and commercial relations with Air Calédonie.

The information collected is likely to be transmitted in a general way to our partners, in particular our IT and legal partners.
The data collected concerning you will be kept for the entire duration of our contractual relations and then archived for a period of three (3) years, in the absence of shorter or longer periods specially provided for in the event of litigation.

You have the right to access, rectify and limit your personal data, as well as the right to object and to portability in accordance with the law. If you wish to exercise these rights, you can contact our data protection officer:
– At this email: cnil@air-caledonie.nc
– or by mail (with a copy of your identity card in case of exercising your rights) to the following address: SOCIETE CALEDONIENNE DE TRANSPORTS AÉRIENS – AIR CALEDONIE, BP 212, 98845 Nouméa 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 BP 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:
a. Except as otherwise provided in this article, the Carrier shall be entitled to make the refund, on the basis of sufficient proof to either the Passenger or the payer of the Electronic Ticket.
b. A refund made to a person claiming to be the person entitled to such refund shall be deemed to be a discharge and shall relieve the Carrier of any liability and of any subsequent claim.
c. If the Carrier establishes that the claim for refund results in whole or in part from negligence, omission or wrongful conduct on the part of the Passenger claiming the refund or of the person from whom such rights are borrowed, the Carrier shall be wholly or partially relieved of its liability to the other party.

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 unused segment, the Passenger may request a refund, which shall be in an amount equivalent to :
(a) the fare paid, less any service charges and penalties, if no part of the Ticket has been used, and according to the refund conditions applied by the Carrier.
(b) the difference between the fare paid and the fare applicable to the scheduled trip for which the Ticket was used (subject to sequential use of coupons), less any applicable service charges and penalties.

b.2.2 Governmental requirements 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”.

Carrier reserves the right to refuse refund of a Ticket:
(a) if requested after the expiration of the validity date.
(b) in a different currency.
(c) marked “non-refundable”.

Subject to applicable law, Carrier reserves the right to make refunds in the same form and in the same currency as that used to purchase the Ticket.

Refunds will be made only by the Carrier who originally issued the Ticket or by an Authorized Agent, if authorized.

The Passenger is required to obtain all documents, identity papers, passports, visas and special permits necessary for his/her journey, and to comply with all legal provisions applicable in New Caledonia, as well as the Carrier’s regulations and instructions relating thereto.
The Carrier shall not be held responsible for the consequences suffered by the Passenger in the event of non-compliance with the obligations referred to in this paragraph.

(a) The Passenger shall 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 as to the validity of the documents presented.

(c) The Carrier shall not be liable for any loss or expense suffered by the Passenger for not complying 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, in particular as a result of the non-compliance, whether voluntary or not by the Passenger, with the law in force in New Caledonia, the Passenger shall reimburse the amounts thus paid or deposited and the expenses incurred. The Carrier may use for such purpose any sum paid to it for carriage not performed or any sum belonging to the Passenger of which the Carrier is the holder.

d.1 The Passenger may be asked to attend the inspection of his/her Baggage at the request of customs or any other governmental authority. The Carrier shall not be liable for any Damage or loss suffered by a Passenger who fails to comply with this provision.

d.2 The Passenger shall indemnify the Carrier if an act, omission or negligence on his/her part during the inspection causes damage to the Carrier.

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

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

e.3. The Passenger will also be subject to the verification of the documentary concordance at the time of boarding between the identity mentioned on the valid boarding pass and the identity document in his/her possession, certifying his/her identity.

e.4. The Carrier shall not be liable for refusing to carry a Passenger, if such 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, pin, prosthesis) are informed that screening may require medical certificates or medical prescriptions.

Each Ticket entitles the holder to the carriage of a limited quantity of Baggage (in number and/or weight and size) free of charge. The free allowance appears on the Travel Memo, which is authentic, and must be taken into account in all cases. The Passenger may not, at any time, avail himself/herself of any derogatory conditions not mentioned on the said Memo Travel. Information is available from the Carrier.

Baggage checked and accepted in the hold in excess of the above-mentioned allowance will be subject to an additional fee. The conditions for payment of excess Baggage are available upon request at the Carrier’s sales offices.

In any case, the maximum weight per checked baggage item shall not exceed twenty-three (23) kilograms.

Passengers must not include in their Baggage:

d.1. Objects that may constitute a danger to the aircraft, persons or property on board, such as those specified in the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA) Dangerous Goods Regulations and in the Carrier’s regulations; this includes explosives, pressurized gases, oxidizing, radioactive or magnetized substances, flammable substances, toxic or corrosive substances, liquids of any kind (with the exception of liquids carried in hand luggage in limited quantities and intended for the personal use of the Passenger during his/her journey);

d.2. Items the carriage of which is prohibited by the law in force in New Caledonia;

d.3. Objects which the Carrier reasonably considers that their weight, size, unpleasant odor, configuration or nature, in particular fragile or perishable, make them unfit for carriage, taking into account the type of aircraft used;

d.4. Firearms and ammunition. Only firearms and ammunition intended for hunting or sporting purposes or held by sworn agents may be accepted as Checked Baggage, provided they are unloaded, properly packed, have the safety catch engaged and are accepted by Carrier at the time of Ticket reservation and upon presentation of the required supporting documents;

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

d.6. Live animals. The conditions of carriage of pets are established in paragraph 10 of this article.
In the event of fraud, the Passenger travelling with such non-admitted items shall reimburse the fines, losses, repairs and other costs incurred as a result of such situation. Any legal action may be taken by the Carrier if necessary.
Perishable goods, medicines, medical devices, money, jewelry, works of art, precious metals, valuables or other precious objects, expensive clothing, optical or photographic equipment, computers, electronic and/or telecommunication equipment, identity documents, keys, samples, business papers, manuscripts or securities, the Passenger is advised to keep them in Cabin Baggage, the Carrier being released from its liability in case of theft, disappearance or loss in Checked Baggage.
Passengers are reminded that the Carrier is exempt from liability if the damage results from the nature or inherent vice of the Baggage.
Information on such non-admitted items may be provided by the Carrier to the Passenger, upon request.

e.1. At any embarkation or intermediate point, Carrier may, for safety and/or security reasons, refuse to carry as Baggage the items listed in paragraph 4 above, or refuse to continue to carry them, if discovered during the journey. Carrier is under no obligation to take custody of Baggage and/or items refused. If it does so, the Carrier shall not assume any liability for their safekeeping or for any damage they may cause.

e.2. the Carrier may refuse to carry as Baggage any object due to its size, shape, weight, content, configuration, nature or offensive odour or for operational, security/safety reasons or to preserve the comfort and convenience of Passengers.

e.3. Carrier may refuse to carry Baggage which it reasonably considers to be inadequately packed or placed in unsuitable containers.
Information on packaging, unsuitable containers or unauthorised types of Baggage is available upon request.

For security/safety reasons, the Carrier may ask the Passenger to agree to a search or screening of his/her and/or his/her Baggage. If the Passenger is not available, his/her Baggage may be checked or searched in his/her absence in order to verify whether it contains any prohibited items. If the Passenger objects, the Carrier may refuse to carry him/her and his/her Baggage. If such checks damage the Baggage and its contents or cause Damage, the Carrier shall not be held responsible.

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

g.2. The Passenger shall affix his/her name or any other form of identification to the Baggage.

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

g.4 It is the Passenger’s responsibility to ensure that the contents of his/her 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 only Baggage that the Passenger may carry in the cabin. The Carrier reserves the right to refuse a Cabin Baggage, depending on the operating conditions. If not specified by the crew, the Cabin Baggage must be placed under the front seat or in an enclosed storage space.

h.2. Cabin Baggage remains the sole responsibility of the Passenger for the duration of the carriage.

i.1. Subject to the provisions of paragraph 7 (c) of this article, it is the Passenger’s responsibility to collect his/her Baggage as soon as it is made available to him/her at the points of destination or Voluntary Stopping Places, the Carrier not being bound by any obligation beyond the time when it is made available. Within a period of one month as from the said availability, the Carrier may dispose of the Baggage, without incurring any liability towards the Passenger.

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

i.3. Acceptance of the Baggage by the bearer of the Baggage Check without protest at the time of delivery shall constitute a presumption, in the absence of proof to the contrary, that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.

The carriage of pets is permitted in the hold, by cargo only, in accordance with the fare conditions in effect, upon acceptance by Carrier and subject to the following terms and conditions:

j.1. Pet dogs and cats of small size 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, its nature and size), which may reserve the right to refuse the said container.
j.2. Females about to give birth or having given birth during the week preceding the carriage are not allowed; the carriage of unweaned pups or pups less than eight (8) weeks old is forbidden; animals under tranquillisation are not allowed.
j.3. Guide dogs and their cages accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the Baggage allowance.
j.4. it is the sole responsibility of the Passenger to obtain and present all documents required by the veterinary authorities and/or to obtain the authorization of the customary authorities (necessary depending on the destination). Carrier will not accept the carriage of animals without the required documents. The Carrier assumes no responsibility for injury, loss, delay, illness or death of the animals transported, except in case of negligence or act attributable to the Carrier. In the event of fraud, absence or irregularity of the required documents, Passengers travelling with such animals shall be liable for any fines, losses, repairs and other costs incurred as a result of such situation.

The Carrier’s liability shall be determined by these general terms and conditions, unless otherwise notified to the Passenger. If the Carrier’s liability is incurred, it shall be under the following conditions:

a.1 The carriage performed under these General Conditions of Carriage is subject to the Regulation of the European Parliament and of the Council (EC) No. 889 of 13 May 2002 amending Council Regulation (EC) No. 2027 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage and, where applicable, to IATA Agreements.

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

a.3 The Carrier’s liability shall in no way exceed the amount of the proven direct Damage. The Carrier shall not be liable for indirect, subsidiary or consequential Damage. Any Damage, regardless of its origin, shall be subject to the provisions of the Convention except as otherwise provided in the Conditions of Carriage.

a.4 If the negligence or other wrongful act or omission of the person claiming compensation or of the person from whom he/she derives his/her rights caused or contributed to the Damage, the Carrier shall be wholly or partly exonerated from its liability to such person, including in the event of death or bodily injury, in accordance with the law in force.

a.5 The Carrier shall not be liable for Damage resulting from the Carrier’s compliance with governmental laws or directives, mandates or requests, nor for the Passenger’s failure to comply with such rules.

a.6 The Contract of Carriage, including these General Conditions of Carriage and all exclusions or limitations of liability contained herein, shall 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 the agents, employees and representatives of such owner. The aggregate amount recoverable from the aforementioned persons shall 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 owner of the aircraft, their agents, servants or representatives, under the Convention or applicable law.

b.1 In accordance with the Montreal Convention, the Carrier is liable for Damage in case of death or bodily injury suffered by a Passenger, when the accident causing the Damage occurred on board the aircraft or during any embarkation or disembarkation operations, within the meaning of the Convention, and subject to the 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 in an amount less than 128,821 SDRs 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 personal injury exceeding 128,821 SDRs per Passenger, if the Carrier proves that

• the Damage concerned is not due to negligence or other wrongful act or omission on the part of the Carrier, its servants or Agents; or
• the Damage concerned is solely due to negligence or other wrongful act or omission of a third party.
• The Damage concerned was caused, in whole 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, as defined in Article 20 of the Montreal Convention.
• The death or bodily injury that occurred is the result of the physical or mental state of health of the Passenger prior to boarding the flight.

b .3 If the age or bodily or mental condition of a Passenger carried is such as to constitute a threat or risk to the Passenger, the Carrier shall not be liable for his/her illness, injury or death, nor for the aggravation of the illness or injury concerned, if the Damage is due to such condition or its aggravation.

b.4 In the event of a claim as referred to in paragraph (a), the Carrier shall pay, no later than 15 Days after identification of the persons entitled to compensation, an advance payment which must enable the immediate financial needs to be met, in proportion to the loss suffered.

b.5 Subject to the provisions of Article 19.2 (d), this advance payment to the rightful claimant shall amount in the event of death to 16,000 SDRs per Passenger.

b.6 An advance payment shall in no way be considered as an acknowledgement of liability and may be deducted from subsequent sums paid on account of the Carrier’s liability. However, a claim may be made pursuant to Article 19.1 (b); or if the advance payment was paid illegitimately as a result of an unlawful act committed by the Passenger concerned, or to which the Passenger may have contributed; or if the Passenger is not the person entitled to be compensated.

b.7 The Carrier reserves any right of recourse or subrogation against third parties.

c.1 Characteristics of reparable Damage:

In accordance with the Montreal Convention, the Carrier is liable for Damage arising from the destruction, loss or damage of Checked Baggage when the accident causing the Damage occurred on board the aircraft or during any period when the Carrier had custody of the Checked Baggage.

The Carrier shall not be liable for Damage to Unchecked Baggage, unless such Damage is the direct result of the fault of the Carrier, one of its employees or agents, which fault must be proved by the Passenger who invokes it.

Customers wishing to insure special risks (fragility, theft, etc.) or values in excess of the Carrier’s liability limit 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 send a claim to the Carrier within 7 days after the date of arrival, including a letter of inventory detailing the damage, evaluating it and presenting the supporting invoices.

c.2 Exemption from the Carrier’s liability:

The Carrier shall not be liable for Damage to the Passenger’s Baggage when such Damage results from the nature or inherent vice of said Baggage. If the goods contained in the Passenger’s Baggage are the cause of prejudice to another person or to the Carrier, the Passenger shall compensate the Carrier for all losses suffered and expenses incurred as a result.

The Carrier shall 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 items, or inadequately packed items, in accordance with Article 16.d. above.

Carrier shall not be liable for Damage caused in whole or in part to Baggage due to the negligence, wrongful act or omission of the person claiming compensation or the person from whom he/she derives his/her rights.

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) caused during transportation. Carrier shall not be responsible for any loss or damage to Baggage not permitted for carriage.

c.3 Amount of loss or damage recoverable:

• For Checked Baggage and with the exception of acts or omissions made with the intention to cause Damage or recklessly and with the knowledge that Damage could result, the Carrier’s liability in case of Damage shall be limited to the maximum compensation limit set at 1,288 SDR 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 Carrier, its servants or agents. Such liability shall then be limited to the maximum compensation limit set at 1,288 SDR per Passenger. Apart from this case of fault, the Passenger alone is responsible for his/her Cabin Baggage, which remains under his/her full supervision and custody.

The amounts indicated above are not lump-sum indemnities, but liability ceilings. If the amount of the damage is less than these ceilings, the Passenger may only claim reimbursement of the amount of the damage, the reality of which must be established.

On the other hand, if the amount of the proven damage is higher than the liability limit, the Passenger may only claim compensation equal to this limit.

The Passenger must be able to prove the actual Damage suffered. In the event of such proof, the current value of the baggage at the time of its loss or damage will serve as a reference.

d.1 Characteristics of reparable Damage :

• Only direct, proven Damage resulting directly from a delay is compensable, 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 Scope of the Carrier’s liability:

• The Carrier shall not be liable for Damage resulting from the delay if it proves that it, its servants or agents took all 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 force majeure.
• The Carrier shall not be liable for Damage resulting from the delay, if such delay is attributable to the Passenger or if the Carrier has contributed thereto, i.e. if the Damage results, in whole or in part, from the negligence of a prejudicial act or omission of the person claiming compensation or of the person from whom such person derives its rights.

d.3 Scope of compensation:

• 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 with the knowledge that Damage might result, the Carrier’s liability is limited to the sum of 5,346 SDRs per Passenger. Within this limit, the amount of compensation shall be determined according to the Damage proved by the Passenger.
• In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions made with the intention of causing Damage or recklessly and with the knowledge that Damage could result therefrom, the Carrier’s liability is limited to 1,288 SDR per Passenger.

A limited compensation, intended to cover only the expenses of first necessity, could be allotted to the Passenger on receipts, on request addressed to the customer service via the Internet site of the company: www.air.caledonie.nc

a.1. Receipt of Checked Baggage without protest within the time limit set by the addressee shall constitute a presumption, unless the Passenger proves otherwise, that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage. Any missing Baggage must be reported to the carrier as soon as the flight arrives.

Likewise, any object found to be missing from the Baggage must be reported to the carrier as soon as possible, within 48 hours at the latest; any late report 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 (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date on which the Baggage was placed at his/her disposal.

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

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 from the date of arrival of the aircraft, or from the date on which the aircraft was to have landed.

Any action for damages must be brought, under penalty of forfeiture, within two years from the arrival at destination, or from the day on which the aircraft was to arrive or from the cessation of carriage.

The method of calculating the limitation period shall be determined by the law of the court seized of the matter.

All claims or actions referred to in paragraphs 1 and 2 above must be made in writing within the time limits indicated.