GENERAL CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE

Transcription

1 GENERAL CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE These General Conditions of Carriage apply to all the services provided by the Carrier from 01/01/2011. This edition annuls and replaces the previous one. The reservation or order of service of Carriage is restricted by the Carrier to Charterers who have been acquainted with these Conditions of Carriage in their entirety before their reservation, and who have accepted them thoroughly. Therefore, the signature of a Charter Agreement implies that the Charterer totally accepts these General Conditions of Carriage and submits unreservedly to all their provisions. ARTICLE 1 DEFINITIONS Within these Conditions and except as otherwise provided for herein, the following terms are used with the meaning given below: CHARTERER Means either a physical person or a legal entity which has rented the Aircraft with its crew for the transportation of Passengers, extended to its subcontractors (Travel Agency, Tour Operator ) CANCELLATION Means the fact that a flight which was initially scheduled and on board which at least one seat was booked, is not operated. BENEFICIARY (SEE PERSON ENTITLED TO COMPENSATION) BAGGAGE Means all articles intended for passenger use. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger. CHECKED BAGGAGE Means Baggage of which the Carrier has agreed to take custody and for which a Baggage Identification Form has been issued. UNCHECKED BAGGAGE OR "CABIN BAGGAGE" Means all Baggage, including personal items, other than Checked Baggage. This Unchecked Baggage remains in the custody of the Passenger. CAC Designates the French Civil Aviation Code AIRLINE DESIGNATOR CODE Means the code issued by IATA, which identifies each carrier that is a member of this association using two or more alphabetical, numerical or alphanumeric characters and that is shown amongst others on the Ticket. CHARTER CONTRACT Means the operation whereby the Contracting Carrier (Contractual Carrier) instructs another Carrier (Operating Carrier) to perform all or part of the carriage pursuant to a charter agreement Means also the commercial agreement whereby any third party (for example a Tour Operator) who has concluded an agreement with the Passenger or another person, entrusts the Carrier with performing all or part of the Carriage in connection with a package travel, package holidays or package tours, pursuant to EC Directive 90/314. The "Contractual Carrier" in this respect is the Charterer or Tour Operator who as a principal undertakes to provide carriage to the Passenger or another person. CONTRACT OF CARRIAGE Means the obligation for the Carrier to transport the Passenger from a defined location to a destination defined on the Ticket, in compliance with these General Conditions of Carriage. CONVENTION Means the Convention for unification of certain rules for International Carriage by Air signed in Montreal on 28 May 1999 (Montreal Convention), as implemented by the European Union through Regulation CE n 2027/97, as modified by Regulation CE n 889/2002. By default, when said Montreal Convention is not applicable, means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929, as amended by : a)the Hague Protocol of Europe Airpost General conditions of carriage for passengers and baggage

2 28 September 1955 which amended the Warsaw Convention, (b) The Guadalajara Supplementary Convention of 18 September 1961, (c ) Montreal Protocols n 1, 2 and 4 (1975), which amended the Warsaw Convention BOARDING COUPON Means both a paper Flight Coupon or an Electronic Coupon, each of which entitles the Passenger to travel on the particular flight identified on it and précises his/her seat on board the aircraft. PASSENGER COUPON OR PASSENGER RECEIPT Means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger. FLIGHT COUPON Means the portion of the Ticket identified as being "valid for carriage" or, for Electronic Tickets, the Electronic Coupon that shows the exact points between which the Passenger must be carried. ELECTRONIC FLIGHT COUPON OR E-TICKET Means an electronic Flight coupon, or any other document that has the same value, which is stored in digital format in a computerized Reservation system and that is evidenced by the Boarding coupon. SPECIAL DECLARATION OF INTEREST Means the Declaration made by the Passenger when handing over the Baggage to be checked. Against payment of a surcharge, it specifies a value that is higher than the one fixed as a liability limit by the Convention. DAMAGE Includes death, wounding, bodily injury to a Passenger, theft, loss, partial loss or other damage of whatsoever nature arising out of or in connection with Carriage or other services incidental thereto, performed by the Carrier. SPECIAL DRAWING RIGHT (SDR) Means a unit of account of the International Monetary Fund (IMF), the value of which is periodically defined by the IMF on the basis of the listed prices of several reference currencies. STOPOVERS Means a scheduled stop on the journey, at a point between the place of departure and the place of destination, that involves a passengers movement (either boarding or disembarkation) or technical operations required for the continuation of the flight. BAGGAGE IDENTIFICATION FORM OR BAGGAGE TAG Means a document issued by the Carrier for the purpose of identifying Checked Baggage and that includes a portion that is affixed to the Baggage ("Baggage Tag") and another portion that is issued to the Passenger for the identification of said Baggage ("Baggage Check"). FORCE MAJEURE Means extraordinary and unforeseeable circumstances beyond the Carrier s control, the consequences of which could not have been avoided even if all reasonable due care had been exercised. CHECK-IN DEADLINES (CID) Means the time limit, as specified for each flight and before which Passengers must have carried out their check-in formalities and received their boarding card or pass. IATA (INTERNATIONAL AIR TRANSPORT ASSOCIATION) Means the International Air Transport Association, created in April 1945 in Montreal, the purpose of which is to encourage the development of safe, regular and economical air carriage and to promote air services and study the problems related thereto. DAYS Mean calendar days, including all seven days of the week: provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted. PROHIBITED OR SAFETY ITEMS Means any object which cannot be carried on board the Aircraft for reasons of safety or security, as under the applicable law; Europe Airpost General conditions of carriage for passengers and baggage

3 TOUR OPERATOR Means any Travel Agent, Trip Organizer, Travel subcontractor, from whom the Passenger has purchased the flight operated by the Carrier, whether such flight is part of a package travel, tour, holiday, or not. Said Tour Operator may be the Charterer of the flight or any third party who is a customer of the Charterer. PASSAGER Means any persons, except members of the crew, carried or to be carried in an aircraft, and who is in possession of a Ticket or a reservation confirmed by the Carrier. PASSENGER WITH REDUCED MOBILITY Means any person whose mobility is reduced when using transport whether on account of (a) any physical disability (sensory or locomotive, permanent or temporary), (b) intellectual impairment, (c) age, or (d) any other cause of disability, and whose situation needs special attention and adaptation to the person's needs of the services made available to all Passengers. PERSON ENTITLED TO COMPENSATION Means the Passenger, or any person who can claim for compensation on behalf of such Passenger, as under the applicable law. DENIED BOARDING Means refusal by the Carrier to carry a Passenger on a flight, despite the Passenger s presence at the check-in desk, provided such refusal is reasonably justified by reasons of health, safety, security, or inadequate travel documents. It also means the inability of the Carrier to carry one or several Passengers, as the consequence of the sale by the Charterer of seats in a quantity exceeding the available capacity of the Aircraft. REGULATION (EC) Means, as applicable : a) Regulation (EC) 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) 2027/97 on Air Carrier liability in the event of accidents b) Regulation (EC) 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 flights, and repealing Regulation (EEC) No 295/91 c) Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators a) Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security RESERVATION Means that a Passenger holds a Ticket, or other proof, which states that the Reservation has been accepted and recorded by either the Carrier, the Charterer or the Tour Operator. TICKET means a valid document that materialises the right of a passenger to carriage ; it may be either in the form of an "individual or collective ticket", and may be completed by a Baggage Check or an identification form for Checked Baggage, or by equivalent means in a paperless form, including electronic, that is issued or authorised by the Carrier, the Charterer or a Tour Operator. The Ticket evidences the Contract of Carriage, includes the Flight Coupons, the Passenger Coupons, and notices to passengers and incorporates these General Conditions of Carriage. TARIFFS Means the published fares, fare conditions, charges, levies and costs, and related Conditions of Carriage of a Carrier filed, where required, with the appropriate authorities. When required by the applicable Law, tariffs also include taxes. CARRIAGE (OR AIR CARRIAGE) Means the carriage by the Carrier of Passengers and their Baggage, as under the applicable Convention. CARRIAGE (OR AIR CARRIAGE) Means carriage by the Carrier of passenger and/ or baggage, as under the applicable Convention CARRIER Means EUROPE AIRPOST and/or any other carrier, for which the Airline Designator Code appears on the Ticket or on a Conjunction Ticket. ALL-INCLUSIVE OR PACKAGE TRAVEL Europe Airpost General conditions of carriage for passengers and baggage

4 Constitutes all-inclusive travel as understood by article of the French Tourism Code, the sale, for a comprehensive price for a service that lasts longer than 24 hours or includes one over-night stay, and that combines at least two of the following three items: a transportation or car rental service, a lodging service, a tourism service not linked to transportation or lodging, but which represents a significant part of the total price. ARTICLE 2 SCOPE OF APPLICATION 2.1. General Provisions These General Conditions of Carriage are set up to define the procedures to check-in, carry, board and disembark Passengers and their baggage on Europe Airpost aircrafts, and the liability of the Carrier towards its Passengers and their baggage. Except as provided in Paragraphs 2 and 3 below, these General Conditions of Carriage apply to all flights, or portions of flights, for which the EUROPE AIRPOST Airline Designator Code appears in the "Carrier" box of the Ticket or of the corresponding Coupon Charters If the Carriage is performed pursuant to a Charter Contract, these General Conditions of Carriage shall only apply to the extent that they are attached to, incorporated in or mentioned by reference or otherwise, in the Charter Contract or in the Ticket. The Charterer shall communicate these General Conditions of Carriage to the Passengers, or undertakes at least to insert Passengers related clauses within its own General Conditions or in its information documentation. Charter Tickets are non-refundable and non-endorsable and if refunds are made by the Carrier, they shall only be made pursuant to the terms of the applicable Charter Contract. 2.3 Predominance of the Law These General Conditions of Carriage have been drawn up pursuant to the Montreal Convention of 28 May 1999, as implemented within the European Union through Regulation CE n 889/2002 of 13 May 2002 and the laws of its Member States. These General Conditions of Carriage are applicable to the extent that they are not contrary to any mandatorily applicable laws, in which case, said laws shall prevail. Any invalidation of one or more provisions of these General Conditions of Carriage shall not have any effect on the validity of the other provisions. ARTICLE 3 TICKETS 3.1. General Provisions (a) Carriage will only be provided to the Passenger named on the Ticket. The Carrier reserves the right to check the identity documents of the Passenger. (b) A Ticket may not be transferred, subject to applicable law, in particular rules and regulations concerning package holidays. If a person other than the Passenger named on the Ticket presents a Ticket for Carriage purposes, the Carrier shall not assume any liability if, while acting in good faith, it refuses to carry the person who presents the Ticket when that person is not the Passenger named on the Ticket. (c) Passengers shall only be carried if they are able to present a valid Ticket. Moreover, a Ticket that is damaged or has been modified by a person other than the Carrier or the Charterer or the Tour Operator shall not be valid for Carriage. For Electronic Tickets, Passengers must provide proof of identity and shall only be carried on a flight if a valid Electronic Ticket was issued in their name. (d) Tickets are only valid for Carriage on the dates, and for the destinations and stop-overs indicated on the Coupon and shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for by the contractual carrier or until credit arrangements established by the operating carrier have been complied with. Europe Airpost General conditions of carriage for passengers and baggage

5 3.2. Identification of the Carrier The Carrier identification may be shown as an abbreviation on the Ticket using its Airline Designator Code (as defined in Article 1) or in any other form. The Carrier's address is deemed to be that of its registered office or principal place of business. ARTICLE 4 CHECK-IN AND BOARDING OPERATIONS 4.1. Charterer s obligations In case of chartered flights, the Charterer shall inform the Passengers of all legal requirements of the countries of departure, of arrival, or of scheduled stop-over, of the content of these General Conditions of Carriage, and of the exceptional measures imposed by the Contract of Carriage. The Carrier shall not be held responsible, should the information be lacking or incomplete. The Charterer shall inform the Passengers in advance and in writing (for instance through electronic mail) of the Carrier s check-in policy as applicable to the flight, which are as follows : - Check-in deadline : Passengers should arrive at the Carrier s check-in desk at least 2 hours before the scheduled take-off time. - The Carrier reserves the right to refuse check-in to any Passenger who should appear less than 40 minutes before scheduled departure time. - Passengers with reduced mobility and other passengers with specific needs should present for check-in at least 90 minutes before the scheduled departure time Carrier s obligations The Carrier shall give precedence to passengers with reduced mobility, to any attending persons and/or certified guide dogs that may accompany them, and to unaccompanied children Should the flight be cancelled or should the Carrier deny boarding on account of overbooking, or delay that exceed two hours, the Carrier shall : - Supply each Passenger with a leaflet suitable for the visually handicapped containing the rules of assistance and indemnification as required by article 14 of Regulation EC 261/2004 of 11 February 2004, - Take charge of passengers with reduced mobility, any attending persons who may accompany them, and unaccompanied children as required by Article 9 of Regulation EC 261/2004 of 11 February Passenger s obligations 1. As check-in deadlines may vary from one airport to another, Passengers should : - Comply with standard deadlines that were expressly mentioned either by the Carrier, the Charterer or the Tour Operator at the time of booking. Passengers must arrive at the Carrier s check-in desk sufficiently in advance of the flight in order to carry out all the check-in formalities for themselves and their baggage, and in any case, prior to the Boarding Deadline specified by the Carrier. - Present during check-in and control procedures required by the national security bodies of the countries of departure, of destination or of scheduled stop-over, all documents required to ascertain their identity as well as their tickets. The Passenger shall be responsible for holding and providing on request any inbound, outbound, health or other document required under the laws and regulations of the countries of departure, destination or scheduled stop-over. The Carrier reserves the right to refuse to carry any Passenger who does not comply or whose documents would appear not to comply with the applicable law and other laws or regulations in force. In the event that the Carrier is required to pay or deposit any sum, fine or penalty or if it incurs any expense on account of said Passenger s failing to comply with the laws, regulations or other requirements of the countries of departure, destination or scheduled stop-over, or failing to produce the required documents, such Passenger should be liable to reimburse the Carrier with any fine, or expense borne on his/her account. Europe Airpost General conditions of carriage for passengers and baggage

6 - Submit to all security control or requirement set by a government, by the Airport Authority or by the Carrier. - Agree on paying any monies, penalty or fine, if the Carrier is forced, by order of a Government or an immigration service, to bring such Passenger back to his/her place of departure. 2. If a Passenger fails to meet the Check-In Deadline or does not provide the required travel documents, the Passenger shall not be entitled to travel. The Carrier shall thus be entitled to cancel the Passenger's reservation and seat reserved for such Passenger and to dispose of the seat as the Carrier sees fit, without any liability toward the Passenger or the Charterer. 3. Passengers must arrive at the Carrier's boarding gate no later than the time indicated during the check-in process in order to carry out all the formalities required prior boarding. These formalities should, in any event, be completed by the Passenger at the latest at the time specified by the Carrier. If a Passenger fails to meet the aforementioned boarding gate deadline, the Passenger shall not be entitled to travel. The Carrier shall be entitled to cancel a Passenger's reservation and seat reserved for such Passenger if the Passenger is not present at the boarding gate at the time specified, without any liability toward the Passenger or the Charterer. 4. The Carrier shall not be held liable in any way, in particular for any loss, damage or disbursement, if a Passenger has not complied with the provisions of this article. ARTICLE 5 REFUSAL AND LIMITATION ON CARRIAGE 5.1. Right to refuse carriage At any stage of the flight, the Carrier may refuse to carry Passengers and their Baggage, if one or more of the following cases has occurred or is likely to occur: (a) Passenger fails to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over. (b) The Passenger does not appear to be in possession of valid travel documents, may seek or has sought to enter a country through which he may be in transit, or for which he does not have a valid entry document, has destroyed travel documents during the flight, has refused to allow copies thereof to be made and kept by the Carrier, or the Passenger's travel documents have expired, are incomplete in light of the regulations in force, or appear to be fraudulent or otherwise suspicious (for example: usurpation of identity, forgery or counterfeiting of documents). (c) The Passenger did not comply with the instructions and regulations on security and/or safety. (d) The Passenger has refused to undergo the security checks, including those specified in Articles 6.4 and 9.6 below and/or has refused to provide proof of his identity. (e) The Passenger is not in a position to prove that he/she is the person referred to in the box "Passenger name" on the Ticket. (f) The Ticket presented by the Passenger: - was acquired unlawfully or purchased from an unauthorized organization, or - was listed as stolen or lost document, or - was forged or appears to be counterfeited, fraudulent or otherwise suspicious, or - was damaged or modified by someone other than the Carrier, in which case the Carrier reserves the right to retain the Passenger s Ticket. (g) The carriage of the Passenger and/or its baggage might put the safety, health, comfort or well-being of the other Passengers on board or the crew in jeopardy, for instance should the Passenger use intimidation, use a language or adopt a behaviour either offensive or aggressive towards the ground personnel and/or the crew. (h) The Passenger's physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present a hazard or risk to him/herself, the other Passengers, the crew or goods. (i) The Passenger has compromised security, order and/or discipline when checking in for the flight or, in case of connecting flights, during a previous flight, and the Carrier has reason to believe that such conduct may be repeated Europe Airpost General conditions of carriage for passengers and baggage

7 (j) When checking in or boarding, the Passenger requires special assistance that was not requested when the travel Reservation was made, or at least 48 hours before the flight, it being understood however that in such circumstances the Carrier will make its best efforts to provide the required assistance Denied boarding due to overbooking As regards chartered flights, any difficulty that might arise during checking-in or boarding procedures that derive from overbooking shall be deemed to be attributable to the Charterer only. The latter shall bear all financial consequences towards the Passengers whose boarding was denied and towards the Carrier Special Assistance (a) Carriage of unaccompanied children, Passengers with Reduced Mobility, pregnant women, persons with illnesses, or any other persons who require special assistance, is subject to the Carrier's prior consent. Passengers with Reduced Mobility who, when purchasing their Ticket, inform the Charterer or their Travel agent of their disability or of any special need for assistance and who are accepted by the Carrier in full knowledge thereof, cannot be refused boarding due to their disability or their special needs. Passengers with Reduced Mobility must inform their Travel Agent of their disability at least 48 hours (or 2 business days) prior to the scheduled time of flight departure in order for the airport authorities in both departure and arrival airports to organize the assistance required. Passengers must specify : - The nature of their handicap, - Their identity and of their accompanying parties, - The kind of assistance required ( wheelchair to the steps of the aircraft, or to the top of the steps/stairs, or right to their seat) - If need be, the sort of wheelchair that they will check-in (electric or manual, folding or not folding), its weight and complete dimensions when folded, listed in the following order : length x width x height, and, for electric wheelchairs, the nature of the batteries (dry, humid or lithium). The Carrier will offer appropriate advices and organize to the best of its ability the necessary assistance for Passengers with Reduced Mobility, or persons with illnesses, who will be taken on board the Aircraft, excepting cases where they cannot be carried in conditions of safety satisfactory for themselves, the other passengers, or the members of the crew. (b) If a Passenger requires a special meal, he/she must enquire as to the availability thereof when making the Reservation or within the time limits published by the Charterer or the Travel Agent for this purpose. The Carrier cannot guarantee the presence of said special meal on board the flight concerned. If certain requests cannot be met, the Carrier shall not be held liable in any way on this ground. (c) If a request of the nature referred to in paragraphs (a) or (b) above is made when checking in, the Carrier shall in no way be liable if it cannot fulfil said request. In this case, the Carrier is entitled to refuse boarding to the Passenger, in accordance with the provisions of clause 5.1, (j) of this article Carriage of Children Children who have not yet reached their 4th birthday may only travel in the company of an adult of at least 18 years or their brother or sister of at least 16 years. The carriage of unaccompanied minors (age between 4 and 12) requires prior arrangement with the Carrier. ARTICLE 6 BAGGAGE 6.1. Free Baggage Allowance / Excess Baggage (a) Passengers may check-in and carry free of charge one standard Baggage with maximum weight as mentioned in their reservation. The Carrier, Charterer or Travel organizer, as the case may be, has the responsibility to inform the Passengers of the maximum weight allowance. All excess baggage shall be submitted to the Carrier s authorization before checking-in. (b) If Baggage in excess of the free baggage allowance are admitted for carriage, at the sole discretion of the Carrier, Passengers shall be required to pay an extra charge for the carriage of this excess baggage, at a rate and conditions available at the Carrier s check-in desk. Passengers may obtain details on the rates and conditions of the Carrier for Europe Airpost General conditions of carriage for passengers and baggage

8 excess baggage from the Charterer or from their Travel Agent, or may consult them directly on the Carrier s website ( (c) The Carrier allows one cabin baggage per Passenger. Its weight allowance is 5kg and the sum of its three dimensions (L + W + H) may not exceed 115 cm. All cabin baggage that do not meet these criteria shall be checked-in. In addition to their cabin Baggage, Passengers may also carry an accessory item such as a handbag or a laptop. (d) The Baggage that Passengers do not want to check in for carriage in the hold (such as fragile music instruments or others) and that do not comply with the provisions of article (c ) above (excess dimensions and/or weight) shall only be accepted for carriage in the cabin if the Carrier has been duly informed in advance thereof and has granted authorisation. The carriage of such baggage may be subject to an extra charge Prohibited Items Passengers must not include the following items in their Baggage: (a) Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier's regulations, as applicable ; these items include, in particular, asbestos, explosives, pressurized gas, oxidising agent, radioactive or magnetized substances, inflammable substances, toxic or corrosive substances, liquids of any kind inside the cabin Baggage (except in the quantities and conditions authorized by Regulation EC 1546/2006). (b) Items for which carriage is prohibited by the law in force in any State where flights depart, arrive, fly over or make scheduled Stopovers; (c) Firearms and ammunition other than those intended for hunting or sport which, in order to be accepted as cargo or Checked Baggage, must be unloaded, suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as stated in paragraph (a) above and their quantity must not exceed 5 kg per passenger ; (d) Knives, cutting weapons, stabbing weapons, antique weapons, swords, or any other weapon of that kind that may be used as attack or defence weapons, or any toy that may resemble such weapon. This type of item may not be carried in the cabin under any circumstances. They may nevertheless be accepted as cargo or Checked Baggage, at the Carrier's discretion; (e) Any toy, replica or other objects that may resemble the weapons banned under (c ) and (d) ; (f) Aerosols containing irritant or incapacitating agents, whether in the cabin or as Checked Baggage ; helium balloons; (g) Checked baggage : Passengers shall not include in their Checked Baggage perishable or fragile goods, money, currencies, jewellery, works of art, precious metals, silverware, valuable pieces of clothes, optical or photographic devices, computers, electronic and/or telecommunication equipment or devices, music instruments, passports and identification papers, keys, samples, business documents, manuscripts, and securities whether individualized or fungible, etc Passengers who deliberately carry such items in their Checked Baggage, within or without the knowledge of the Carrier, proceed at their own risks. The Carrier and/or its agents shall not be held liable for any extra costs suffered by a passenger due to any irregularity, nor for any expenses, delay, loss or damage due to the damage, delay or loss of any of the aforementioned items. (h) Items that the Carrier reasonably considers to be unsuitable for carriage due to their weight, dimension, unpleasant odour, configuration, fragile or perishable nature ; (i) Live animals but pets, provided that the latter comply with the provisions of Article 6.8 below. Passengers must bear in mind that, in all events, the Carrier shall not be held liable when damage occurs that derives from the nature of a baggage or a defect thereof Right to Refuse Carriage (a) At any embarkation or stopover airport, the Carrier may refuse to carry as Baggage the items referred to in Article 6.2 above for security and/or safety reasons, or refuse to continue carrying them, if it discovers them during the journey. Europe Airpost General conditions of carriage for passengers and baggage

9 (b) The Carrier may refuse to carry any item as Baggage due to their dimensions, form, weight, content, configuration, nature or unpleasant odour, for operating, security/safety reasons, or to preserve the comfort and convenience of Passengers. (c) The Carrier may refuse to carry Baggage that it reasonably considers to be packed inadequately, or placed in unsuitable containers. The Carrier has no obligation to take custody of such refused Baggage or items. If the Carrier were to take custody thereof, the Carrier would not liable for loss of or damage to such Baggage or items, except in case of its own gross negligence or wilful misconduct Right of Search For security/safety reasons, the Carrier, or any Police, Customs or Airport Authority may ask Passengers to undergo, for themselves and/or their Baggage, a search or any type of scan, whether using X-rays or otherwise. If requested, Passengers must attend to the search of their Checked and/or Unchecked Baggage. If a Passenger is not available, their Baggage may be scanned or searched in their absence in order to check whether it contains the items referred to in Article 6.2 above. If a Passenger refuses to comply with such request, the Carrier may deny them and their Baggage carriage. If said scan damages Baggage and their content or causes Damage, the Carrier shall not be liable thereof, unless the Damage is caused by the Carrier's gross negligence or wilful misconduct Checked Baggage (a) As soon as Passengers have handed over their Baggage at check-in, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each Baggage item that is checked in. (b) Passengers must affix their name or any other form of identification to the Baggage. (c) Checked Baggage will be carried in the same aircraft as the Passenger unless, for operating or security/safety reasons, the Carrier decides that it shall be carried on another flight. In this case, the Carrier shall deliver the Baggage at the destination airport as soon as reasonably possible Collection and Delivery of Baggage (a) Subject to the provisions of Article 6.5(c) above, it is the responsibility of Passengers to collect their Baggage as soon as made available to them at the arrival airport. If Passengers do not collect their Baggage within a reasonable period of time, the Carrier may invoice custody charges. If a Passenger does not collect Baggage within three months as from the Baggage being made available to him/her, the Carrier may dispose of said Baggage, without being liable toward the Passenger in any way. Pursuant to provisions of applicable local law, unclaimed Baggage may be handed over to the appropriate national authorities. (b) Only the bearer of the Baggage Check or the Baggage Identification Form is authorized to collect the Baggage. (c) If a person claiming Baggage is not in a position to produce the Baggage Check or the Baggage Identification Form, the Carrier shall only hand over the Baggage to such person on the condition that he/she establishes his/her rights thereto in a satisfactory manner. (d) Acceptance of the Baggage by the bearer of the Baggage Check or the Baggage Identification Form without any complaint at the time of delivery is prima facie evidence that the Baggage was delivered in good condition and in accordance with the Contract of Carriage Special Declaration of Interest (a) For all Checked Baggage which value exceeds the liability limits set in the event of destruction, loss, damage or delay, and as defined by the Convention, Passengers may purchase insurance coverage prior to the journey. If the Carrier offers the possibility, Passengers may, when handing over the Baggage to the Carrier at the Airport of departure, make a Special Declaration of Interest limited to a certain amount in order to insure Checked Baggage for a Europe Airpost General conditions of carriage for passengers and baggage

10 higher value than the Convention flat rate. In such case, the Passenger must pay an additional charge, which rates shall be communicated upon request. Compensation will be paid in accordance with the provisions of Article (b) The Carrier reserves the right to verify the adequacy between the declared value and the actual value of the Baggage and the contents thereof. (c) The Carrier may refuse a Special Declaration of Interest if a Passenger does not comply with the time limit fixed by the Carrier for making such a Declaration. The Carrier also has the possibility to cap the level of the declarations. (d) The Carrier reserves the right to prove, in the event of damage, that the amount declared was higher than the Passenger's genuine interest at the time of delivery Animals / Pets Passengers dogs, cats, birds and other pets are accepted for carriage by the Carrier subject to the following conditions: (a) Animals will only be carried when explicitly accepted for Carriage by the Carrier. All requests must be addressed to the Charterer or the Travel Agent, at least 48 hours prior to the flight. (b) When accepted as Baggage, the animal and its container are excluded from the free baggage allowance, and constitute excess baggage for which the Passenger must pay the applicable fare. (c ) It is the full responsibility of the Passenger to obtain and present all the documents required by the authorities of the countries of departure, destination and/or transit. The Carrier will not agree to carry animals without the requisite documents. The Carrier shall not be liable for injuries, loss, delay, illness or death of any animal carried in the event of fraud, lack or inadequacy of the required documents, except if damage was solely caused by the Carrier s gross negligence or wilful misconduct. Passengers who travel with such animals must reimburse the fines, loss, compensation and all costs and damage incurred by the Carrier due to such a situation. (d ) Dogs, cats, birds and other pets must be properly crated (in a cage, a bag or any other container of sufficient size to carry the animal ) and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits. The Carrier reserves the right to refuse carriage if any of these conditions is not complied with. (e ) The container must comply with IATA requirements, namely : - Be large enough to enable the animal to stand up, turn about and lie in a natural position; - Be suited to the length of the flight, - Be sufficiently secure to protect the animal and, above all, to contain it and prevent any accidental opening during loading and unloading operations or during flight ; - Have food and water containers with outside access for filling ; - Have ventilation openings sufficient to allow the animal s breathing as well as nose-and-paw-proof ; (f ) Dogs of 1 st and 2 nd categories, as defined by the French Agriculture and Fishing Ministry ee not allowed for carriage (whether in cabin or in hold). Namely : - 1 st category dogs : Attack dogs that do not belong to a specific race but may be related on account of their morphology to the following races : Staffordshire terrier (pitbulls), Mastiff (Boerbulls), Tosa ; - 2 nd category dogs : Guard or defense dogs, or American Staffordshire terrier, Rottweiler, Tosa dogs and dogs comparable to Rottweiler on account of their morphologic characteristics (g ) Animals travelling in the hold must be placed in an individual proper, adequate, secure container supplied by the Passenger. The Captain will be informed of the animal s being on board and will take all relevant measures for its comfort (lighting, heat ) (h) Dogs and cats of small size may be admitted inside the cabin, provided that they meet all the requirements of Unchecked baggage (crate, cage, or bag must be tightly closed and must meet the dimensions requirements of an Unchecked baggage ; animal and container may not weight more than 6 kg altogether). The acceptance in cabin of other animals of smaller size shall be left to the Captain s discretion. (I ) Dogs trained to assist Passengers with Reduced Mobility / Sight deficiency and accompany such Passengers, will be carried free of charge, inside the cabin. Thus they should be kept on a leash and harnessed during take-off and landing procedures. (j) Animals here above are admitted to carriage subject to the Passenger bearing complete liability due to any damages said animals might suffer or cause to third persons, or to their belongings or to the Aircraft. The Carrier disclaims all Europe Airpost General conditions of carriage for passengers and baggage

11 liability for the injury, loss, delay, illness or death of an animal it agreed to carry, unless said Damage is solely due to the gross negligence or wilful misconduct of the Carrier. (k) In order to secure enough time to proceed with all the formalities required for the boarding of their animal, Passengers should present at check-in at least 90 minutes before the scheduled time of departure. (l) Moreover, for the animal s comfort, Passenger might think it best, under a veterinary s control, to administer a light medication to prevent transport sickness or to avoid any brisk or untimely behavior during the flight. ARTICLE 7 SCHEDULES, DELAYS AND FLIGHT CANCELLATION 7.1. Schedules (a) The Carrier undertakes to make its best efforts to carry the Passengers and their Baggage with reasonable diligence. The flight Schedules are not guaranteed and have no contractual value. If needed and without notice, the Carrier may arrange for a flight to be operated on its behalf by an alternative carrier and/or aircraft, or it may alter the scheduled stopovers. The Carrier shall bear no liability for missed connecting flights. (b) The flight Schedules planned may be changed after the booking of the Passenger s travel. In this case, Passengers will be informed, as the case may be, by the Carrier, their Travel Agent or by the Charterer. Passengers are nevertheless requested to check with the Carrier or the Travel Agent, before their scheduled departure date, that the flight Schedules shown on their carriage Ticket have not changed. (c ) The Carrier reserves the right to change and/or cancel the flight schedules, to reroute or delay any flight, should the Carrier reasonably consider such measure necessary due to circumstances beyond its control or for security or safety reasons. If for reasons of safety or Force Majeure, the Aircraft must land in the nearest possible location to the point of arrival mentioned in the Ticket, the flight will be deemed to be performed Cancellation, Rerouting, Delays The Carrier will take all reasonable measures necessary to avoid delay in carrying Passengers and their Baggage. As provided by Regulation (EC) n 261/2004, when an Operating Air Carrier reasonably expects a flight to be delayed beyond its scheduled time of departure - for two hours or more in the case of flights of kilometres or less; or - for three hours or more in the case of all intra-community flights of more than kilometres, and of all other flights between and kilometres; or - for four hours or more in the case of all other flights Passengers shall be offered by the operating air carrier: - Beverages and catering in a reasonable relation to the waiting time and to the duration of the flight. - The possibility to make two telephone calls free of charge, or, when available, send telex or fax messages, or e- mails. The operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. When the delay exceeds five hours, the Operating Carrier shall proceed, upon request of the passenger, to a reimbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey that is not made, or for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan (i.e. : if the Passenger abandons this part of his travel plan), together with a return flight to the first point of departure, at the earliest opportunity, when relevant. When the time of departure is not reasonably expected until the day after the time of departure previously announced, the Operating Carrier shall also provide : - hotel accommodation until the actual time of departure, Europe Airpost General conditions of carriage for passengers and baggage

12 - transport between the airport and the place of accommodation Overbooking If the Operating Carrier must deny boarding to a Passenger on account of overbooking, though such Passenger holds a confirmed reservation or a valid ticket and arrived at the Carrier s check-in desks in due time and with the required travel documents, any compensation required by any law which may apply shall be the sole responsibility of the issuer of the tickets, whether the Carrier, the Charterer or the Travel Organizer, as the case may be. Said tickets issuer shall also guarantee the Operating Carrier against any request for compensation directed to it either directly by a Passenger, or through any relevant National Enforcement Body, as well as against any payment summon from the relevant National Enforcement Body Should Passenger suffer delays in an airport situated outside the European Union for a flight to a European country, the here above provisions shall also apply, unless Passengers have already been granted compensation, reimbursement or any king of assistance under said country s applicable laws. ARTICLE 8 CONDUCT ABOARD THE AIRCRAFT 1. The Carrier reserves the right to evaluate, in a reasonable manner, the behaviour of Passengers on board the aircraft, and to estimate according to the circumstances whether said behaviour is likely to obstruct, threaten, or endanger one or more persons, items of property, or the aircraft. Passengers must not hinder the crew from performing their duties and must comply with the crew's instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of the Passengers. 2. For safety and security reasons, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as cellular telephones, laptop computers, portable recorders, portable radios, electronic games or transmitting devices, as well as all radio-controlled game and walkie-talkies, except for hearing aids and pacemakers 3. Smoking is strictly prohibited on board the aircraft. 4. On board the aircraft, Passengers must not be under the influence of alcohol, drugs or any other substance and/or behave in a way that is likely to cause discomfort, inconvenience, endanger or threaten to endanger one or more persons, items, property or the aircraft. And generally, Passengers must refrain from behaving in such a manner which, in Carrier's reasonable opinion, other Passengers may reasonably object to. 5. The Carrier may limit or prohibit the consumption of alcohol on board the aircraft. 6. If a Passenger does not comply with the provisions of this Article, the Carrier may take measures it considers to be proper and reasonable in this situation in order to prevent such behaviour from continuing. To this end, the Carrier may use restraining measures, disembark the Passenger at any stage of the flight, refuse onward carriage of the Passenger at any point and/or report the Passenger to the local authorities. 7. If a Passenger does not comply with the provisions of this article (and with those of Article 5 on carriage refusal and limitation) or commits a criminal or reprehensible act on board the aircraft, the Carrier reserves the right to take legal action against said Passenger for any criminal or reprehensible act committed on board the aircraft against passengers or the crew and claim damages, and refuse him/her carriage on future flights. ARTICLE 9 - ADMINISTRATIVE FORMALITIÉS 9.1. General (a) Passengers are responsible and liable for procuring all the specific documents, visas and permits required for their journey, and to comply with all provisions of law (laws, regulations, decisions, requirements and provisions) of the countries of departure, arrival and transit, as well as with the Carrier's regulations and the instructions relating thereto. (b) The Carrier shall not be liable for the consequences suffered by Passengers in the event of failure to comply with the obligations referred to in paragraph (a) Travel documents (a) Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the applicable regulations (laws, regulations, decisions, requirements and provisions) in the countries of departure, Europe Airpost General conditions of carriage for passengers and baggage

13 arrival and transit. Passengers are moreover required to allow the Carrier to make a copy of said documents, if required, or to record information contained therein. (b) The Carrier reserves the right, in accordance with Article 5.1 (a), to refuse carriage if a 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 losses or expenses suffered by Passengers who did not comply with the applicable regulations Refusal of Entry If a Passenger is refused entry into a territory, such Passenger must pay all the charges or fines imposed on the Carrier by the local authorities, as well as the price of the carriage if the Carrier is required, due to a government order, to return the Passenger to his/her departure location or elsewhere. The price paid for the carriage to the destination for which entry to the territory was refused shall not be refunded by the Carrier Passenger Liability for Fines, Detention Costs, etc If the Carrier has to pay or deposit a fine or penalty, or incurs expenses of any kind due to the noncompliance, whether voluntary or involuntary, by a Passenger with the law in force in the countries concerned, or due to their failure to present the required documents, or due to the presentation of invalid documents, the Passenger must, at the Carrier's first request, reimburse the amounts thus paid or consigned and the disbursements incurred Customs Inspections (a) Passengers may be called on to be present at the inspection of their Baggage (delayed, checked or unchecked) at the request of the customs or any other government authority. The Carrier shall not be liable for Damage or losses suffered by Passengers who fail to comply with this provision. (b) Passengers shall indemnify the Carrier if any action, omission or negligence on their part causes Damage to the Carrier, due to, amongst others, failure to comply with the provisions of this paragraph, or authorisation given to the Carrier to inspect their Baggage Security Checks (a) Passengers are required to submit themselves to the security (and safety) checks required by the government or airport authorities, as well as those requested by the Carrier. (b) The Carrier cannot be held liable for refusing to transport a Passenger if said refusal is based on the reasonable view that the law, government regulations and/or applicable requirements warrant such refusal. ARTICLE 10 SUCCESSIVE CARRIERS 1. Carriage performed by several successive Carriers under a single Ticket or a Conjunction Ticket is deemed to constitute a single operation for purposes of determining the application of the Convention to the transportation. 2. Where the Carrier is the carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall be liable for the parts of the journey that it performed itself. 3. In the event of the destruction, loss or delay of, or damage to Checked Baggage, Passengers or their beneficiaries can file a claim against the Carrier that performed the carriage during which the destruction, loss, delay or damage occurred. Passengers may also file a claim against the first and last Carrier. ARTICLE 11 - LIABILITY General The Carrier s liability shall be determined by these General Conditions of Carriage of the Operating Carrier, unless provisions to the contrary are made known to the Passengers. If the Carrier is to incur liability, it shall be as under the following terms : 1.1 The liability of the Carrier for carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air Europe Airpost General conditions of carriage for passengers and baggage