Terms and Conditions of Transport
The regulatory provisions mentioned in these General Conditions of Carriage are not exhaustive and do not exempt each passenger from taking all measures imposed by the authorities (French or foreign) in order to comply with the requirements of the various States.
1. Article 1. DEFINITIONS
For the purposes of this contract :
- “Charterer” means any natural or legal person who, by means of a Charter Contract, charters the aircraft (or part of the aircraft) and its crew to carry Passengers and/or cargo;
- “Animal” means either a dog or a cat;
- “Assistance animal” means any animal trained to assist a disabled person or person with reduced mobility (e.g. guide dogs, etc.), any dog whose presence is essential to the emotional well-being of its owner;
- “Cancellation” means the failure to operate an originally scheduled flight which includes at least one Ticket Reservation;
- “Baggage” means the effects and other personal items accompanying the Passenger during his/her journey. Unless otherwise specified, this term refers to both Checked Baggage and Unchecked Baggage;
- “Checked Baggage” means Baggage which the Carrier has accepted for carriage as evidenced by the issue of a Baggage Check or Identification Card;
- “Unchecked Baggage” or “Cabin Baggage” means any Baggage other than Checked Baggage;
- “Ticket” means the document either in paper or immaterial form (including electronic) which establishes the right to transport and which is issued by the Carrier or by a third party on behalf of the Carrier. It embodies the Contract of Carriage;
- “Electronic Ticket” means the Ticket recorded in the Carrier’s reservation systems, identified in particular by the Electronic Ticket Travel Memo or Itinerary Received;
- “Baggage Check” means the identification stub issued by the Carrier relating to the carriage of Checked Baggage;
- “Boarding Card” means the document issued after check-in allowing the Passenger to pass through the checkpoints and to have access to the aircraft;
– “General Conditions of Carriage” means all the provisions of this document from article 1 to article 11;
– “Charter Contract” means the contract whose object is the operation by which the contracting Carrier (contractual Carrier) delegates to another Carrier (de facto Carrier) the task of performing the whole or part of the carriage. It also refers to the commercial agreement by which a third party (e.g. a tour operator or a travel agency) entrusts the Carrier with the task of performing all or part of an air transport operation;
- “Contract of Carriage” means the declarations and stipulations attached to the Ticket or the Electronic Ticket Travel Memo (Itinerary Received). The issuance of the Boarding Pass certifies that the Contract of Carriage has commenced for the relevant part of the carriage;
- “Convention” means the Warsaw Convention or the Montreal Convention, whichever is applicable;
- “Warsaw Convention” and “Montreal Convention” mean the Convention for the Unification of Certain Rules for International Carriage by Air, the former signed at Warsaw on 12 October 1929, or the latter amended at The Hague on 29 September 1955, and the latter signed at Montreal on 28 May 1999, whichever is applicable;
- “Flight Coupon” means that part of the Ticket identified as “valid for carriage” or, in the case of an Electronic Ticket, the Electronic Coupon indicating the specific points between which the Passenger is to be carried;
- “Special Declaration of Interest” means the declaration made by the Passenger at the time of handing over the Baggage for check-in specifying a value in excess of the limit of liability laid down in the Convention, in return for payment of an additional sum;
- “Damage” means damage arising from death or bodily injury which a Passenger may suffer or damage resulting from delay, total or partial loss of Baggage, or any other damage arising from or directly related to the Air Carriage, as defined in application of the Convention;
- “Special Drawing Right (SDR)” means a unit of account of the International Monetary Fund (IMF), the value of which is determined periodically by the IMF on the basis of the exchange rate of several reference currencies;
- “Schedules” means the departure and arrival times of aircraft as set out in documents published by or under the authority of the Carrier or as made available to the public by electronic means;
- “Identification Card” means a Baggage Check issued by the Carrier for the sole purpose of identifying Checked Baggage and comprising a part affixed to the Baggage (“Baggage Tag”) and another part given to the Passenger for the identification of such Baggage (“Baggage Check”);
- The “Baggage Allowance” is determined in Article 6.8.1;
- “Check-in Deadline (CDT)” means the time limit, as indicated for each flight, by which the Passenger must have completed the check-in formalities leading to the issuance of his/her Boarding Pass;
- “IATA” means the International Air Transport Association, based in Montreal, whose mission includes the development of air transport;
- “Passenger” means any person, other than crew members on duty on the flight, carried or to be carried by aircraft and entitled to transportation;
- “Person with disabilities” or “Person with reduced mobility” means any person whose mobility is reduced when using a means of transport because of any physical disability (sensory or motor, permanent or temporary) or any intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to his or her particular needs of the service made available to all passengers, in accordance with European Regulation 1107/2006 of the Parliament and of the Council of 5 July 2006 or any other definition replacing it or replacing it as soon as it comes into force in France.
- “Reservation” means the fact that a Passenger is in possession of a Ticket, or other evidence, indicating that the Reservation has been accepted and recorded by the Airline and that payment has been received;
- “Tariffs” means the tariffs, costs and corresponding General Conditions of Carriage filed by a Carrier with the governments that require them. Tariffs also include taxes, where required by applicable law;
- “Air Transport” (or “Air Travel”) means the carriage of the Passenger and his/her Baggage within the meaning of the applicable Convention;
- “Carrier” means any airline which carries or undertakes to carry the Passenger and his/her Baggage (i) in performance of the Contract of Carriage in one of the aforementioned forms, or (ii) in performance of the Charter Contract entered into between the Carrier and the tour operator, the said Charter Contract entitling the Passenger to carriage;
- “Community air carrier” means an air carrier holding an operating licence issued by a Member State of the European Union, in accordance with the provisions of Council Regulation (EEC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008;
- “Contracted Air Carrier” means the Carrier who has entered into the Contract of Carriage directly with the Passenger;
- “Actual Air Carrier” means the Carrier who performs the carriage regardless of whether it has entered into a contract directly with the Passenger;
- “Code Share Flight” means a flight operated either by the contracting Air Carrier or by another Carrier (operating or de facto Carrier) to which the contracting Carrier has associated its Designator Code;
- “International flight” means, within the meaning of the Convention, any flight on which the point of departure and the point of destination and, where appropriate, the point of call are situated in the territory of at least two States Parties to the Convention notwithstanding intermediate stops or changes of aircraft, or in a single State if an intermediate stop is made in another State whether or not it is a Party to the Convention;
- “Amelia International” means Amelia International, a limited liability company with a capital of 7,500 euros, registered in the Paris Trade and Companies Register under number 880 247 804, whose registered office is located at 21 avenue Georges V -75008 Paris France
2. Article 2. SCOPE OF APPLICATION AND RIGHT TO TRANSPORT
2.1. These General Conditions of Carriage govern carriage on flights or portions of flights, operated or to be operated under the Amelia International flight number (Designation Code NL) or Amelia flight number (Designation Code 8R), whether the Ticket has been issued by the Carrier or an authorised third party, for payment or free of charge (unless otherwise provided for in a contractual document binding Amelia International or Amelia and the Passenger) or subject to a discount.
The General Conditions of Carriage define the rights and obligations of the Passenger and the Carrier pursuant to the Contract of Carriage or the right to carriage defined in Article 2.6.
2.2. The fact that one or more provisions of the General Conditions of Carriage are invalid shall not affect the validity of the other provisions of the said General Conditions of Carriage.
2.3. Carriage under these General Conditions of Carriage is subject to the rules of liability of Air Carriers in respect of the carriage of Passengers and their Baggage, as set out in the Montreal Convention of 28 May 1999, and 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 or any other text applicable to carriage which may supplement or replace them.
2.4. The purchase of Amelia International/Amelia flights and/or carriage on Amelia International/Amelia flights implies the full acceptance by the Passenger of the General Conditions of Carriage and the unreserved acceptance of all the provisions set out in these General Conditions of Carriage.
2.5. Amelia International / Amelia may update these General Conditions of Carriage at any time, without prior notice. Therefore, Passengers are advised to review them each time they visit the website. The General Conditions of Carriage applicable to carriage are those in force at the time of purchase. However, certain provisions may be mandatory under the applicable law or regulations, in which case they shall apply to the carriage of the Passenger.
2.6. In the context of a carriage subject to a Charter Contract, the Passenger only acquires a right to carriage with respect to the organiser of his/her journey, being a natural or legal person with whom he/she has concluded a contract. Thus, this right may not be invoked against the Carrier in the event that the Charter Contract binding the Carrier with the trip organiser is not validly concluded or executed in accordance with the terms of the Charter Contract. This takes into account in particular the case of non-payment of the Charter by the Charterer.
2.7. When the issuer of the Ticket is not Amelia International / Amelia (the tour operator sends the Passenger a ticket designating Amelia International as carrier), the status of Effective Air Carrier by Amelia International / Amelia is acquired according to the terms of the contract concluded between Amelia International / Amelia and the third party.
2.8. The regulatory provisions set out in these General Conditions of Carriage are not exhaustive and do not exempt each passenger from taking any measures imposed on him/her by the authorities (French or foreign) in order to comply with the requirements of the various States.
2.9. The Ticket, these General Conditions of Carriage and any additional regulations made known to the purchaser prior to purchase constitute the terms of the contract of carriage between the Passenger and the Carrier.
3. Article 3. TIMETABLES AND TIMETABLE CHANGES – CARRIER SUBSTITUTIONS
3.1. The Passenger must contact their Tour Operator, if applicable, in order to confirm the times or their presence. If the Passenger has purchased their ticket from the Carrier or on the flyamelia.com website, they do not have to confirm their presence.
3.2. The flights indicated in the Schedules may change between the date of their publication and the date of their purchase due to external constraints or at the request of the Charterer.
3.3. The complexity of air transport operations does not allow the Carrier to guarantee strict compliance with schedules. Nevertheless, the Carrier undertakes to implement all necessary measures to carry Passengers and their Baggage with reasonable diligence. In this context, and in order to avoid the Cancellation of the carriage, the Carrier may be led to bring forward or delay the flight, to make one or more intermediate stops, to make the journey on another aircraft or on the services of another Carrier or by any other means of transport. The Carrier’s liability is then that provided for by the texts applicable to the liability of the air carrier.
3.4. In order to be contacted in the event of a change of timetable or irregularity, it is the Passenger’s responsibility to provide their contact details at the time of purchase.
3.5. Where the Passenger holds a single Contract of Carriage within the meaning of Article 36 of the Montreal Convention, the Carrier shall apply the provisions of the applicable regulations.
4. Article 4. COMMON PROVISIONS APPLICABLE TO THE CARRIAGE OF PASSENGERS AND LUGGAGE AND RELATED LIABILITY
4.1. In the cases provided for in the Convention, any action for damages must be brought within five years of arrival at destination or of the day on which the aircraft should have landed or of the cessation of carriage.
4.2. The Carrier’s liability is governed by the Montreal Convention of 28 May 1999, implemented in the Community by Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 and by French law.
4.3. The Carrier recalls that :
- Unless more favourable provisions of the applicable law apply, the Carrier’s liability shall not exceed the amount of direct Damage proven.
- The Carrier shall not be liable in any way for consequential Damage or any form of non-compensatory damage.
- The Carrier shall in no way be held liable for any damage resulting from the Carrier’s compliance with any legal or regulatory provisions (laws, regulations, decisions, requirements and provisions), compliance with operational standards or standards imposed by the competent authorities, in particular the services responsible for civil aviation and/or air navigation, or from the Passenger’s failure to comply with such provisions.
- The Contract of Carriage, including the General Conditions of Carriage and the exclusions of liability or limitations recalled herein, apply to and benefit the Carrier’s authorised agents, its servants and agents when they acted within the scope of their duties, its representatives and the owner of the aircraft used by the Carrier as well as its crews, employees or representatives. The total amount of any sums paid above shall in no case exceed the amount of the Carrier’s liability as provided for in the Agreement. Their liability shall be determined in accordance with the conditions and limits provided for in the Agreement.
5. Article 5. PROVISIONS APPLICABLE TO THE CARRIAGE OF PASSENGERS AND RELATED LIABILITY
5.1. Amelia International / Amelia applies the European regulation (EC) n°261/2004 of the European Parliament and of the Council of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of a flight, over-classification or downgrading, and repealing the EEC regulation n°295/91 or any other regulation supplementing it, replacing it or superseding it On departure from airports outside the European Union, the Carrier implements the regulations applicable in this territory.
5.2. Information on passengers’ rights in the event of delay, cancellation or denied boarding can be consulted on the website of the French Civil Aviation Authority (Direction Générale de l’Aviation Civile) by following the link below: http://www.developpement-durable.gouv.fr/Que-faire-en-cas-de-retard-refus-d.html
5.3. Check-in and Boarding
5.3.1. Check-in is not guaranteed after the Check-in Deadline. This is indicated on the Ticket or the notice of meeting available to the Passenger.
5.3.2. When the seat pre-booking service is provided by the Carrier, in order to benefit from the pre-booked numbered seat, the Passenger must check in at least thirty (30) minutes before the Check-in Deadline.
5.3.3. If the Passenger does not appear before the Check-in Deadline at the check-in counter of the Flight, the Carrier may cancel the seat reserved for him/her and dispose of it.
5.3.4 The same shall apply if the Passenger does not present a document corresponding to the journey concerned and is therefore unable to travel, without the Carrier being liable.
5.3.5. The Passenger must complete the formalities at the security filter as soon as the Carrier issues his/her boarding pass.
The Passenger must be present at the boarding gate at the latest 15 minutes before the scheduled departure time indicated on his/her boarding card. Without any liability towards the Passenger, the Carrier may cancel the reservation and/or the carriage of the Passenger if the Passenger has not shown up at the boarding gate 15 minutes before the indicated departure time.
5.4 Compensation in case of death or injury
5.4.1 The Carrier shall not be liable for any illness, injury or disability, including the death of a Passenger, due to the physical condition of the Passenger, nor for any aggravation of such condition.
5.4.2. The EU Air Carrier is automatically liable up to 128,821 SDRs for any death or personal injury resulting from an accident in air transport.
5.5. In excess of 128 821 SDRs, the Air Carrier may exclude or mitigate its liability by proving that it was not negligent or otherwise at fault or that such damage was caused by a third party. Payment of advances.
5.5.1 In the event of death or injury of a passenger, the Air Carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In case of death, this advance payment shall not be less than the equivalent of 16,000 SDRs.
5.5.2 This advance payment does not, however, constitute an admission of liability and may be deducted from any subsequent payment. It is only repayable in the event of negligence, wrongful act or omission on the part of the victim or if it is proved that the person to whom the advance was paid was not entitled to compensation.
5.6. Delay of passengers
5.6.1 The Air Carrier is liable for damages resulting from a delay in the carriage of passengers by air, unless it took all reasonable measures to avoid them or it was impossible to take such measures. The Carrier’s liability is limited to 5 346 SDRs.
5.6.2 In any event, only direct, proven damage resulting directly from a delay is compensable. Therefore, any indirect damage cannot be claimed from the Carrier. It is up to the passenger to prove the direct nature of the delay.
5.7. Respective responsibilities of the Carrier with whom the contract has been concluded and the actual Carrier
If the Air Carrier performing the flight is not the one with which the contract has been concluded, the Passenger has the right to address a complaint or claim to either of them. If the name or code of an Air Carrier appears on the Ticket, this Air Carrier is the one with which the contract was concluded.
5.8. People with disabilities or reduced mobility and/or heavy build
5.8.1 Carrier’s information and pre-notification obligation
- The Passenger with a disability or reduced mobility must inform the Carrier no later than forty-eight hours (48h) prior to the published departure time of the flight in question of their particular needs for such assistance. In the event that the information required for the assistance has not been communicated within this period, the Carrier shall use its best efforts to implement and/or allow the implementation of the necessary assistance.
- In order to process the Passenger’s request for assistance, the data necessary for the processing of the request (in particular, where applicable, the data relating to the Passenger’s state of health that the Passenger will have communicated to the Carrier) may be transmitted, including outside the European Union, to its subcontractors and/or airports; this is something that the Passenger expressly agrees to.
5.8.2. Services provided by the Carrier
The following services will be available to the Person with Reduced Mobility in the context of transport
- Carriage of recognised Service Animals in the cabin or in the hold, subject to national regulations;
- Carriage, in addition to medical equipment, of a maximum of two pieces of mobility equipment per Person with Reduced Mobility, including an electric wheelchair, subject to the availability of sufficient space on board the aircraft, and without prejudice to the application of legislation on dangerous goods;
- Making every reasonable effort to allocate seats to meet the needs of Passengers with reduced mobility, at their request, and subject to safety requirements and availability;
- Assistance to go to the toilet on request, provided that this does not involve transport or physical handling of the person;
- If there is a Companion, the Carrier will use reasonable endeavours to allocate a seat for that Companion next to that passenger;
- In-flight staff may assist the Passenger in opening packages or identifying food;
- Assistance with the use of the wheelchair on board to enable the person to move to and from the toilet;
- Communication with passengers who are visually impaired or who are deaf or hard of hearing, so that these passengers have rapid access to the same information as that provided by the Carrier to other Passengers.
5.8.3 Cases in which the Carrier may request a medical certificate
See paragraph 5.10 Pregnant women and 6.2.b on the transport of liquids.
- When the Passenger’s state of health is such that the Carrier reasonably considers that the flight cannot be made without additional medical assistance,
- If the Passenger has a communicable disease that could pose a threat to the health or safety of other persons on the flight,
- If the Passenger’s state of health on the day of the flight appears to require medical advice.
In order to be valid, a medical certificate must be drawn up and signed by the Passenger’s doctor which will establish that the Passenger is able to travel safely without the need for medical assistance during the flight. The certificate must be issued within 10 days of the scheduled date of the first flight.
In the case of a communicable disease, the medical certificate shall state that the disease is not communicable during the flight and shall specify the conditions or precautions to be taken to prevent the transmission of the disease or infection. In this case, the certificate must be issued within 10 days before the date of the flight concerned.
5.8.4 Cases in which the Carrier may request that the passenger be accompanied by a safety assistant
The Carrier may request that the Passenger be accompanied by a safety assistant if the Carrier determines that it is essential for the safety of the Passenger, including
- When, due to a mental disability, the Passenger is unable to understand or respond to the safety instructions of the Carrier’s personnel, (in particular they do not understand the safety demonstrations imposed by the applicable regulations),
- A passenger whose mobility impairment is so severe that he or she cannot evacuate the aircraft alone,
- When a passenger has visual and hearing impairments that prevent them from communicating with the crew for safety demonstrations and prevent them from evacuating alone. Safety assistants must check in at the same time as the Person with a Disability.
The transport of the safety assistant can be subject to payment of transport costs. Contact the Carrier.
5.8.5 Respiratory assistance and stretcher transport
- Transport on a stretcher or in an incubator is not allowed.
- Respiratory assistance
- a) Passengers are not permitted for safety and security reasons to use their own oxygen cylinders in the cabin. The Carrier does not provide a ventilator, respirator, positive pressure ventilation device or portable oxygen concentrator,
- (b) Passengers are permitted to use their own ventilator, respirator, positive pressure self-contained breathing apparatus or portable oxygen concentrator, provided that :
- The equipment is approved by the competent authorities and,
- The manufacturer’s label attesting to the conformity of the equipment with the standards issued by the competent authorities for portable electronic medical equipment shall be attached to the equipment and,
- The weight and size of the equipment allow it to be housed in accordance with the safety regulations issued by the competent authorities (the French Civil Aviation Authority (DGAC) and,
- The Passenger has a sufficient number of batteries (i.e. 150% of the total flight time). Additional batteries must be packed and protected (including the battery terminals) to avoid possible short circuits and material damage. Batteries with a capacity between 100Wh and 160Wh are limited to two (2) and,
- The Passenger has informed the Carrier in accordance with Article 5.8.1 and the Passenger has provided the information required by the Carrier.
- Oxygen cylinders may only be carried in the cabin with the following restrictions:
- The cylinder must not be used on board and,
- The oxygen cylinder displays the manufacturer’s label indicating that the device meets DGAC requirements, and meets DGAC requirements for the safety and transport of dangerous goods.
- The Passenger must arrive at least one hour before the Check-in Deadline.
5.8.6 Carrier’s right to refuse carriage
- In accordance with the provisions of Regulation (EC) No 1107/2006, the Carrier may refuse the Person with reduced mobility:
- In order to comply with applicable safety requirements or,
- If the size of the aircraft or its doors makes it physically impossible for that person to board or be carried.
5.8.7.Use of a second seat
In the context of the carriage of Persons with reduced mobility or heavy build, the use of a second seat for carriage is not an automatic facility offered to the Passenger. When Amelia International / Amelia is the contracting Air Carrier, and if an additional seat is available at check-in, the said Passenger may use it free of charge. When Amelia International / Amelia is the actual Air Carrier, the Passenger is strongly advised to enquire about the commercial policy of the travel organiser, who is the only one able to decide whether the second seat is free or against payment. In any event, the Passenger’s safety obligation may result in a refusal to board if a second seat is not available. Contact the Carrier before purchase.
5.8.8 The carrier shall apply the regulations in force in the country of departure or arrival from airports outside the European Union.
5.9.1. Any child who has not reached his or her second birthday at the time of commencement of the journey (Baby), may travel accompanied by an able-bodied person of at least 18 years of age, except for the father or mother who may be younger. Only one Baby may be carried per accompanying person. The Baby will not be allocated a seat. See article 6.2.b for the transport of liquids.
5.9.2. Children over 2 and under 4 years of age must be accompanied by their parents (father or mother) or entrusted to an accompanying person. The latter must be at least 18 years old.
5.9.3. From the age of 4 and up to the age of 12 (children who have not reached the age of 12), children may travel unaccompanied by an adult subject to their prior acceptance by the Carrier. They are taken in charge by the Carrier and are qualified as UM (unaccompanied minors). Unaccompanied minors must be notified to the Carrier by written request prior to purchase. A limited number of UMs are accepted per flight: please check with the Carrier before purchase. Unaccompanied children in transit or whose flight has a scheduled stopover are not accepted.
5.9.4. Accompanying persons of children travelling alone must wait until the aircraft has taken off before leaving the airport, in order to take charge of them if necessary. On arrival, the children can only be handed over to the designated person, who must prove his or her identity by means of an official identity document.
5.9.5. From the age of 12, minors are no longer UM qualified. They are therefore not subject to any special treatment. The Carrier does not assume custody of them during carriage.
5.9.6. As entry and exit formalities are specific to minors, holders of parental authority must check them before any purchase or transport.
5.9.7. The transport of Pets in the cabin is forbidden for passengers travelling in UM status (except for Service Animals).
5.10. Pregnant women
Pregnant women are accepted on the lines up to and including the 8th month of pregnancy.
As from the 7th month of pregnancy, the Passenger must present at check-in a medical certificate issued by a doctor no more than eight (8) days before the date of travel, specifying :
- The absence of a medical condition and,
- The absence of contraindications to travel and,
- Specifying the passenger’s fitness to travel on long-haul flights, if applicable, and in which month the pregnancy is at the time of travel.
On the day of the flight, carriage is always subject to the Carrier’s prior agreement. Please note that the provisions of Article 8 of these General Conditions of Carriage may apply.
5.11. Disembarkation of the Passenger on his/her own initiative
A Passenger who finally refuses to board the aircraft even though he/she has been duly checked in, and without such refusal resulting from an act or omission of the Carrier, shall compensate the Carrier for the reasonable costs incurred by the Carrier as a result of his/her behaviour.
5.12. No smoking on board
All flights are non-smoking. The use of electronic cigarettes is not permitted on board.
6. Article 6. PROVISIONS APPLICABLE TO THE CARRIAGE OF LUGGAGE AND LIABILITY RELATING THERETO
6.1. The Carrier applies the European regulations on prohibited articles. These regulations, like all European regulations, are subject to change.
- Liquids within the meaning of the European regulation of 6 November 2006 as well as aerosols, gels and pasty substances are prohibited in cabin baggage. These categories include mineral water, perfumes, drinks, lotions, creams, shower gels, shampoos, mascara, soups, syrups, toothpaste, liquid soaps, deodorants, etc. As previously stated, these regulations are subject to change. The document from the French Civil Aviation Authority: https://airbag.dsac.aviation-civile.gouv.fr/AirBag can be consulted.
- In accordance with the security measures applicable to the screening of passengers and their cabin baggage, medicines or liquid products for medical use, baby food or liquid food for a specific dietary need may be allowed subject to justification of necessity and quantity, including a medical prescription.
6.3. Delayed luggage
6.3.1. (i) Checked Baggage will be delivered to the bearer of the Baggage Check.
(ii) The check-in of the Baggage shall be deemed to be a certification by the bearer of the Baggage Check-in Form that only his/her own property is contained in the said Checked Baggage. If this is not the case, the Passenger must inform the agent before check-in.
(iii) Checked Baggage is carried on the same aircraft as the Passenger. However, for safety, security or operational reasons, the Baggage may be carried on a different aircraft or airline. If this is the case, the Baggage will be delivered to the destination airport with due diligence.
(iv) The bearer of the Baggage Check has the obligation to take possession of the Baggage. If the bearer does not take possession of the Baggage, the Carrier shall not take custody of the Baggage.
6.3.2. The Air Carrier is liable for damages resulting from delay in the carriage of Baggage by air, unless it took all reasonable measures to avoid them or it was impossible to take such measures. The liability is limited to 1,288 SDRs per Passenger.
6.4. Destruction, loss or damage to luggage
6.4.1. The Air Carrier is liable in case of destruction, loss, damage or deterioration of Baggage up to 1,288 SDRs per Passenger.
6.4.2. In the case of Checked Baggage, the carrier is liable even if it is not at fault, unless the baggage was defective. In the case of Unchecked Baggage, the carrier is only liable as provided in paragraph 6.10.5.
6.4.3 The Passenger is also reminded that in the context of the application of security measures, the authorities may open Checked Baggage. The Air Carrier cannot be held responsible for such handling, and any damage or loss resulting from such control must be claimed from the said authorities.
6.5. Higher liability limits for luggage
In order to benefit from a higher liability limit, any Baggage with a value of more than 1,288 SDRs must be reported by the Passenger to the Air Carrier sufficiently in advance of the Check-in Deadline by making a special declaration of interest at the time of check-in and by paying an additional fee. In this case, the additional compensation is limited to the declared value that gave rise to payment.
6.6. Complaints about luggage
6.6.1. In the event of damage, delay, loss or destruction of Baggage, the Passenger concerned must complain at the Baggage Claim counter on arrival and/or departure and then in writing to the Air Carrier as soon as possible, at the latest within seven days (in the event of damage) and twenty-one days (in the event of delay) respectively from the date on which the Baggage was made available to him/her.
6.6.2. Passengers may find the contact details of the Baggage Complaints Department on the Carrier’s website.
6.6.3. No compensation can be paid after the deadline.
6.7 Objects prohibited from transport
6.7.1. The following items must not be carried in the hold and/or cabin:
- Items which may constitute a danger to the aircraft, persons or property on board, such as those specified in the International Civil Aviation Organisation (ICAO) and IATA Dangerous Goods Regulations and in the Carrier’s own regulations, as applicable (further information is available on request from the Carrier’s offices); this includes explosives, pressurised gases, oxidising, radioactive or magnetised substances, flammable substances, toxic or corrosive substances, liquids of any kind (with the exception of liquids carried in Hand Baggage and intended for the Passenger’s personal use during their journey),
- Articles the carriage of which is prohibited by the law in force in any State of departure, destination, overflight or scheduled transit,
- Objects or Baggage which the Carrier reasonably considers that their weight, size, offensive odour, configuration or nature, fragile or perishable, make them unsuitable for carriage, taking into account, inter alia, the type of aircraft used; but also Objects or Baggage whose packaging appears reasonably unsuitable for carriage or handling in connection with air transport,
- Firearms and electric or compressed air weapons containing dangerous components such as explosives, compressed gases, lithium batteries: batons or electric discharge guns (such as Tasers),
- Firearms and ammunition for sport and hunting may be carried in the hold, at the carrier’s discretion, provided that the traveller can prove that he/she has the appropriate permits and licences, that they are packaged in accordance with the regulations in force and only if they have been booked for carriage.
- Knives, edged weapons, aerosols that can be used as weapons of attack or defence. These items are strictly forbidden in the cabin and may be carried in the hold at the discretion of the Carrier,
- Live animals, except dogs and cats, subject to the legal requirements and the Carrier’s regulations specified in Article 7 of these General Conditions.
- Transport of lithium batteries of more than 160 Wh.
6.7.2. The following items should not be carried in the hold but may be carried in the cabin:
- Medicines, perishable goods, money, currency, jewellery, works of art, precious metals, silverware, securities or other valuables, expensive clothing, optical or photographic equipment, computers, electronic and/or telecommunications equipment or devices, musical instruments, passports and identity documents, keys, samples, business papers, manuscripts or securities, whether individual or fungible,
- Fragile objects.
6.7.3 It is also reminded that the Carrier is entitled to be exempted from liability when the damage results from the nature or inherent vice of the Baggage.
6.8. Excess baggage and excess baggage
6.8.1. Without having to pay a supplement, each Ticket entitles the holder to the carriage of a certain number of Baggage items (always limited in weight) determined according to :
- The fare paid and the class of transport,
- The Charterer of the flight, if applicable.
6.8.2. This baggage allowance is shown on the Ticket and must be taken into account in all cases.
6.8.3. The acceptance of Baggage in excess of the allowances (in number or weight) is subject to operational conditions at the time of flight.
6.8.4. Checked Baggage accepted in the hold must not exceed certain weight and size limits, the maximum dimensions of Checked Baggage are defined as follows: height + width + depth (including wheels and handles) = 158 cm maximum. In any case, each Checked Baggage item may not exceed a maximum weight of 23 kg. Additional pieces or baggage exceeding the weight allowance will be subject to excess baggage charges. The conditions relating to the payment of excess Baggage at the airport are available on request at the Carrier’s sales points.
6.9. Specific goods
6.9.1 Concerning oversized Baggage (i.e. Baggage weighing more than 23 kg and/or whose dimensions exceed 158 cm (height + width + depth, including wheels and handles), in particular nautical equipment, such as sailboards, long boards, paddles, etc.), the carriage of such Baggage is only possible after prior agreement from the Carrier. Therefore, at least 48 hours before departure, the Passenger must send a request to the following email address firstname.lastname@example.org in order for the carriage to be authorised. If the carriage is authorised, the Passenger must pay the price of the carriage of the oversized baggage/material, if applicable.
6.10. Carry-on baggage
6.10.1. Only one piece of hand luggage is authorised in the cabin with maximum dimensions (length, height, depth) H 55 x W 35 x D 25 cm per Passenger. It remains in the custody of the Passenger. Passengers must comply with legal and regulatory requirements, in particular in terms of safety and security.
6.10.2. The weight of such hand luggage shall not exceed 12 kg.
6.10.3. Where a Passenger has attempted to carry Baggage in the cabin when the Baggage does not comply with the applicable conditions, the Passenger shall be deemed to have engaged in fraudulent behaviour. The Baggage may, at the sole discretion of the Carrier, be seized and :
- Rejected for carriage. The Baggage will then be made available to the Passenger at the airport where it is collected, with the Carrier not ensuring in any way the custody or preservation of the Baggage. The collection of the Baggage does not imply a deposit contract;
- Carried in the hold subject to the payment of any excess baggage, it will be governed by the liability regime applicable to Checked Baggage;
- The Carrier may refuse to board the Passenger if his/her behaviour justifies it.
Passengers’ attention is drawn to the fact that, for sanitary reasons, foodstuffs or perishable goods contained in seized Baggage as well as the Baggage concerned may be destroyed, without the Carrier being held liable.
6.10.4. Non-dangerous medicines are accepted in the cabin but must remain in the custody of the Passenger. Amelia International / Amelia staff are not authorised to take charge of the Passenger’s medication or vaccines. The Passenger must take into account the restriction on liquids contained in cabin baggage, since 6 November 2006. For medicines requiring refrigerated packaging, the Passenger must make all necessary arrangements, as the Carrier does not provide any specific equipment.
6.10.5. The Carrier’s liability may not be sought in the event of 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 proven by the Passenger who invokes it.
6.11. Hold Baggage is checked in to the destination indicated on the Amelia International or Amelia ticket.
If the Passenger has a connecting flight with another airline, they must collect their Baggage after the Amelia International / Amelia flight and before checking in for the next flight. The Passenger must therefore enter the territory of the State in which the connection is made. Consequently, the Passenger must have the necessary travel documents to enter the territory to which Amelia International / Amelia is sending him/her, i.e. the country in which the connection is made, in addition to those necessary to enter the territory of final destination.
7. Article 7.
TRANSPORT OF ANIMALS – DOGS AND CATS ONLY
7.1. Dogs and cats are the only animals that may be carried in the cabin or in the hold subject to weight, size and availability. See definition of Pets and Service Animals.
7.2. In application of the law, the transport of category 1 dogs (attack dogs) is prohibited regardless of the mode of transport (hold, freight or cabin).
7.3. The Passenger is responsible for obtaining all necessary travel documents for his/her dog or cat, including but not limited to an up-to-date vaccination booklet, dog or cat passport, certificate of good health or any other entry/exit document for the country of destination. In any case, the dog and/or cat must be at least twelve (12) weeks old and must be up to date with the veterinary requirements of the country of departure, destination and transit, if applicable. Please note that since 3 July 2011, new rules are in force. In particular, and with some exceptions, only the microchip will be recognised as a means of identification for travel within the European Union, except for dogs or cats identified by tattoo before this date, provided that it is clearly legible. The new rules must be consulted beforehand on the website of the French Ministry of Agriculture, Food, Fisheries, Rural Affairs and Town and Country Planning: http://www.agriculture.gouv.fr/animaux-de-
7.4. Dogs and cats may be transported in the hold (or in the cabin, see 7.6) provided that they have a specific cage adapted to air transport (materials, locking mechanism, etc.) and payment of a surcharge (except for Assistance Animals). Prices are available from Amelia International / Amelia sales outlets.
7.5. The cage must be large enough to allow the dog or cat to stand and turn around. Only one dog or cat per cage is allowed. If the cage is not suitable, the dog or cat may not be transported.
7.6. In the cabin, the maximum weight of the dog or cat (including cage or bag) is 8 kg. If this weight is exceeded, the animal must travel in the hold. The cage or bag must not exceed the following size: W 40cm x H 23cm x D 55cm. It is recommended to use a soft bag that can be placed under the seat more easily. In the hold, the maximum weight including the cage is 60 kg.
However, the Carrier reserves the right to refuse carriage of dogs or cats if it reasonably believes that the health/safety of the dog or cat, persons or property is not assured or that the provisions of Article 7 are not complied with.
7.8. Service Animals are accepted in the cabin and do not occupy a seat. They may be taken on board regardless of their weight or size, the Passenger is advised to inform the Carrier 48 hours before the flight.
Nevertheless, the Carrier reserves the right:
- To ask Passengers to provide evidence that the Service Animal will not need to relieve itself or will be able to relieve itself without creating health or sanitary problems;
- For safety reasons, to refuse carriage in the cabin of an Assistance Animal within the limits of applicable law.
The carriage of Service Animals is free of charge and does not give rise to the payment of an excess. The Carrier reserves the right to ask the Passenger to provide proof that the animal is a Service Animal.
7.9. Where Amelia International / Amelia is not the Carrier
In the case of effective air travel, the carriage of Animals is prohibited in the cabin (except for Service Animals) and in the hold. However, some airlines accept the carriage of Pets, the Passenger must enquire with the Carrier.
7.10. Cabin travel for snub-nosed animals
Under stress, snub-nosed animals such as pugs, bulldogs, boxers, Pekingese, Shih Tzu and Persian cats can suffer from breathing difficulties. We therefore recommend that you seek the advice of your vet before travelling by plane.
8. Article 8.
PREVENTION OF DIFFICULT BEHAVIOUR AND RIGHT TO REFUSE TRANSPORT
8.1. At the Carrier’s discretion, exercised in a reasonable manner, the Carrier may, at any embarkation and/or connection point, refuse to carry the Passenger, as well as his/her Baggage, if one or more of the following cases has or occurs
- The Passenger has not complied with the applicable law,
- The carriage of the Passenger and/or the Baggage could endanger the safety, health, comfort or convenience of other Passengers or the crew,
- The Passenger’s physical or mental condition, including but not limited to a condition caused by the consumption of alcohol or the use of drugs or medication, presents a danger or risk to the Passenger or to other Passengers, the crew or property,
- The Passenger does not provide the medical certificate necessary for his/her carriage, in particular the certificate provided for in Article 5.8.3,
- The Passenger has misbehaved on a previous flight and the Carrier has reason to believe that such conduct may be repeated,
- The Passenger refused to undergo security checks,
- The Passenger refused to provide proof of identity,
- The Passenger (or the person paying for the Ticket) has not paid the applicable fare and/or all applicable fees, taxes or charges,
- The Passenger does not appear to have valid travel documents, the Passenger has sought to enter a territory in transit, the Passenger has destroyed his/her travel documents during the flight,
- The Passenger refuses to hand over his/her travel documents to the Carrier’s staff, whether on board or on the ground, who requested them, or the travel documents are out of date, incomplete with regard to the regulations in force or fraudulent (usurpation of identity, falsification or counterfeiting of documents in particular) or fall within the scope of Article 9.1,
- The Ticket presented and which the Carrier reserves the right to retain:
- Has been fraudulently acquired or purchased from an organisation other than the Carrier or its accredited agent or,
- Has been listed as lost or stolen or,
- Is falsified or counterfeit or,
- Contains a Flight Coupon that has been damaged or altered by someone other than the Carrier or its accredited agent.
- The Passenger does not use the Flight Coupons in the order in which they were issued or does not travel in the order provided for in their travel itinerary and refuses to pay the fare supplement,
- The Passenger requests, at the time of check-in or boarding, a particular assistance which was not requested at the time of booking the journey.
8.2. In addition, if the Carrier reasonably considers that, by their behaviour on board, the Passenger endangers the aircraft, a person or property, or that the Passenger prevents the crew from carrying out their duties or that the Passenger does not comply with the recommendations and instructions of the crew, in particular if these concern the use of tobacco, alcohol or drugs, or the Passenger behaves in a manner which causes or may cause, for the other Passengers and/or the crew, an inconvenience to their comfort or convenience, damage or injury, the Carrier may take all measures, including but not limited to the interruption of the flight and/or restraint, that the Carrier deems necessary to prevent the continuation of such behaviour. The Passenger may be disembarked, refused carriage on subsequent journeys at any point in the network and prosecuted for offences or any wrongdoing committed against the Carrier or against other Passengers and in particular on board the aircraft. The Passenger shall be liable to pay all costs and expenses, of whatever nature, arising from such actions.
8.3. The Carrier may prohibit or restrict the use on board the aircraft of electronic equipment such as, but not limited to, mobile telephones, laptop computers, radios, electronic games, transmission equipment, radio-controlled games and transmitter sets, as well as any other electronic or recording equipment. However, hearing aids and pacemakers are not included in these categories.
9. Article 9.
FORMALITIES TO BE CARRIED OUT BY THE PASSENGER AND PROTECTION OF PERSONAL DATA
9.1. Immigration formalities and documents allowing transport
9.1.1 It is the Passenger’s responsibility to comply with governmental requirements regarding entry and exit formalities and documentation, including transit and health requirements.
9.1.3. Under no circumstances shall the Carrier be held responsible if the Passenger is refused entry to a foreign territory.
9.1.4. The Carrier reserves the right to take action against the defaulting Passenger in order to claim compensation for the prejudice suffered by it, the travel organiser or any other person, due to the Passenger’s failure to comply with the legal and regulatory requirements in force in a foreign territory or in French territory.
9.1.5. Depending on the destination, the Passenger may be required to pay an entry/exit tax or fee or a specific airport tax, which may be payable exclusively in cash. This information is usually detailed on the websites mentioned in point 9.1.2.
9.1.6. Regardless of the journey, each Passenger must present a valid official document proving his/her identity with photo (passport or identity card). All documents must be intact (by way of non-exhaustive examples, they must not be damaged, deteriorated or be in several parts). It must be free from any suspicion of forgery or falsification.
9.1.7. Passengers must be able to prove their identity at any time during their journey. Failing this, the Passenger may be denied boarding in accordance with the provisions of Article 8.1.
9.2. Protection of personal data
9.2.1. The personal data collected by Amelia International / Amelia is used exclusively for the proper processing of the reservation and purchase of the ticket, the use of the ticket, the after-sales service, the processing of requests and complaints, as well as for sending commercial information, loyalty, canvassing and satisfaction surveys.
9.2.2. In order to execute the contract of carriage, personal data is requested from the Passenger, in particular by way of example: surname, first name, email, date of birth, etc. No information not required for the purchase and use of the ticket is requested from the Passenger.
As a result, the Passenger authorises the Carrier, its subsidiaries and subcontractors to retain the data collected and to transmit it to its subcontractors and/or to the Authorities requesting it, including the authorities or bodies responsible for combating terrorism and other serious crimes of a transnational nature. In particular, as from 1 January 2015, pursuant to the French Code of Internal Security (CSI), for any flight to or from French territory, with the exception of flights connecting two points in Metropolitan France, air carriers are required to communicate to the French authorities the passenger data recorded in the reservation systems and in the departure control systems.
It should also be noted that some authorities may have access to the Carrier’s reservation systems. For more information or a list of all countries, contact the Carrier or the tour operator.
9.2.3. The purchase of air transport from the Carrier itself, a travel agency or a tour operator, implies that the purchaser and each Passenger accept the transfer of their personal data to the competent foreign authorities when required by them. The absence of communication or the inaccuracy of the required data shall lead to the refusal of check-in, boarding or entry to the destination, without any liability for the Carrier.
Each Passenger has the right to access, modify and oppose this transmission.
However, this may result in the cancellation of the trip or prevent the Passenger from benefiting from the additional services ordered.
9.2.4. The data collected is used solely for commercial purposes by the AMELIA Group. It is not communicated to third parties for commercial purposes. This data is kept and used by the Carrier in accordance with French and European legislation, in particular Law 78-17 of 6 January 1978 known as the “Data Protection Act” and the General Data Protection Regulation (EU Regulation 2016/679) or “GDPR”. Each person has the right to access, modify and oppose this transmission, which can be exercised by contacting email@example.com.
9.2.5. Amelia International / Amelia does not create a customer file with the mandatory data related to the purchase of a ticket. The tickets are kept in our reservation system for 400 days after the date of travel of the Passenger.
9.2.6. Amelia International / Amelia uses the Stripe platform for credit card payments, this platform is PCI DSS level 1 certified which is the highest level of security for remote payments. Amelia International / Amelia does not receive the complete credit card information used, which is encrypted with AES-256. Therefore, none of its employees can have access to the credit card data of the passengers, and Amelia International / Amelia cannot transmit them to third parties.
10. Article 10.
APPLICABLE LAW AND METHODS OF PROOF
These General Conditions of Carriage and any Contract of Carriage are governed by French law.
It is expressly agreed that, unless the Carrier has made an obvious error, the data kept in its information systems or those of its service providers, in particular in the electronic reservation or electronic messaging tools used, have evidential value with regard to the orders placed and the performance of the obligations of the Passenger as well as those of the Carrier. Data on computer or electronic media kept by the Carrier shall constitute evidence and, if the Carrier produces them as means of proof in any litigation or other proceedings, they shall be admissible, valid and enforceable in the same way, under the same conditions and with the same evidential value as any document that would be drawn up, received or kept in writing.
11. Article 11. R
COMPLAINTS – TOURISM MEDIATION
For any claim, the passenger agrees to contact the Amelia International / Amelia Customer Relations Department personally at firstname.lastname@example.org before requesting the intervention of a third party to represent him/her (associations, collection company, lawyer), or before taking legal action. The purpose of this clause is not to limit the passenger’s right to legal recourse but to achieve conciliation and to ensure that the quickest and least expensive option for both parties can be tried first. In return, Amelia International / Amelia undertakes to send a detailed response to the passenger within 60 days of receipt of the complaint.
After having referred the matter to the Customer Relations Department of Amelia International / Amelia and in the absence of an amicable agreement, the consumer may refer the matter free of charge to the consumer ombudsman to which the professional belongs, namely the Association of European Ombudsmen (AME CONSO), within one year of the written complaint sent to the professional. The referral to the consumer ombudsman must be made :
- or by completing the form on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.