Conditions of transportation
CONDITIONS OF TRANSPORTATION
NOTICE: Carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or Carrier's tariffs, rules or regulations.
- 1. As used in this contract : "ticket" means this passenger ticket and baggage check or this itinerary/receipt if applicable, in case of an electronic ticket, of which these conditions and the notices form part; "carriage" is equivalent to "transportation"; "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage; "electronic ticket" means the Itinerary/Receipt by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document; "Warsaw Convention" means the Convention for the Unification of certain Rules relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable; "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28th May 1999.
- 2. Carriage hereunder is subject to the rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention unless such carriage is not "International Carriage" as defined by that Convention.
- 3. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (1) provisions contained in the ticket; (2) applicable tariffs; (3) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
- 4. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
- 5. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.
- 6. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
- 7. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
- 8. 1.This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
- 9. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircrafts, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
- 10. 1.Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early as enough to complete departure procedures.
- 11. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE
Compensation in the case of death or injury
There are no financial limits to the liability for passengers injury or death. For damage up to 128 821 SDRs (approximately EUR 159000) the air carrier cannot contest claims for compensation. Above the amount, the air carrier can defend itself against a claim by proving it was not negligent or otherwise at fault.
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (EUR 1200).
In the event of delay the passenger concerned must go immediately after arrival to the company's counter at the airport to fill out a Baggage Irregularity Report (BIR), and must then submit a written claim to the air carrier within twenty-one days (in the case of delay) from the date of travel.
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss, or damage to baggage up to 1,288 SDR (1,580 euros) per passenger. In the case of checked baggage, it is liable even if it is not at fault, unless the baggage was defective. ST BARTH COMMUTER declines all liability for damage to fragile or valuable items, or items that are inadequately packaged, unless the passenger has made a Special Declaration of Interest. Furthermore, ST BARTH COMMUTER does not automatically cover damage to fragile items such as wheels, handles, or other external parts of the suitcase.
In the case of unchecked baggage, the carrier is only liable if it is at fault.
In the event of delay, damage, loss, or destruction of baggage, the passenger concerned must go immediately after arrival to the company's counter at the airport to fill out a Baggage Irregularity Report (BIR), and must then submit a written claim to the air carrier within seven days (in the case of damage) and twenty-one days (in the case of delay) from the date on which the baggage was made available to them and/or the date of the flight concerned.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at checking and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in case of delay within 21 days, in both cases from the date on which the baggage was placed at passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 may 1999, which is implemented in the community by Regulation (EC) No 2027/97 [as amended by Regulation (EC) No 889/2002] and national legislation of the member states.
Disclaimer: This is a notice required by European Community Regulation (EC) to interpret the provisions of the Regulation or Montreal Convention, and it does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as the accuracy of the contents of this notice.
Notice: If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and these Conventions govern and may limit the liability of carries for death or bodily injury, for loss of or damage to baggage, and for delay. See also notice headed "Air carrier liability for passengers and their baggage".
