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General Terms & Conditions of Carriage.
1. Definitions of Expressions Used
|
Term |
Definition |
Agreed Stopping Places |
means a scheduled stop between the place of
departure and the place of destination specified on the ticket |
Airline Designator Code |
means the two or three characters or three
letters which identify particular air carriers |
Authorized Agent |
means a licensed passenger sales agent who
represents us in the sale of air passenger transportation on our
services |
Baggage |
means your personal property accompanying you
on your trip. It consists of both your checked baggage and cabin
baggage |
Baggage Allowance |
means the amount of cabin baggage and checked
baggage which is included in your fare as stated in 7.1 for travel
on our services |
Baggage Check |
means those parts of your ticket or other documents
issued by us or an Authorized Agent which relate to the carriage
of your checked baggage |
Baggage Identification Tag |
means the numbered document issued to you that
corresponds to the tag attached to each item of checked baggage
for the purpose of identifying the checked baggage |
Cabin Baggage |
(sometimes referred to as carry-on or unchecked
baggage) means any of your baggage other than checked baggage. (You
take your cabin baggage into the cabin of the aircraft with you)
|
Carrier |
means an air carrier other than us, whose Airline
Designator code appears on your ticket or who operates the aircraft
which provides the carriage |
Checked Baggage |
means that part of your baggage, including
any excess baggage, which we have taken into our custody and for
which we have issued a baggage identification tag or baggage check
or both |
Check-In Deadline |
means the time limit specified by the airline
by which you must have completed check-in and received your boarding
pass |
Conditions of Carriage |
means these General Conditions of Carriage
and includes the conditions of contract or terms and conditions
of carriage set out in your Ticket |
Convention |
means whichever of the following apply:
• |
the Convention for the
Unification of Certain Rules Relating to International Carriage
by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention) |
• |
the Warsaw Convention as amended at
The Hague on 28 September 1955 |
• |
the Warsaw Convention as amended at
The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal
(1975) |
• |
the Guadalajara Supplementary Convention
(1961) |
| • |
the Montreal Convention (1999) |
| • |
any other applicable protocols or conventions and any enabling
legislation. |
|
Days |
means all seven days of the week. For the purpose
of notification, the day upon which the notice is dispatched is
not counted. For the purpose of the validity period, the day on
which the ticket is issued is not counted |
Electronic Ticket |
means the electronic booking record made by
us or an Authorized Agent, which is held in our database |
Event Beyond Your Control |
means an unusual and unforeseen circumstance
which you cannot control and the consequences of which you could
not have avoided |
Flight Coupon |
means either that part of the Ticket that reads
"good for passage", or, in the case of an electronic ticket,
the record in our database that indicates the particular places
between which you are entitled to be carried |
International Carriage |
means travel between two or more countries
including any flights within those countries where they are combined
with any international flights |
Itinerary/Receipt |
means a document or documents we or our Authorized
Agents issue to passengers traveling on electronic tickets which
includes the passenger’s name, flight information and notices |
Passenger |
means that part of the ticket which is marked
as such and which is for you to retain, unless you are submitting
the Ticket for a refund |
Passenger Coupon |
means that part of the ticket which is marked
as such and which is for you to retain, unless you are submitting
the Ticket for a refund |
Air Tahiti Nui, We, Us, Our, Ourselves |
for the purposes of these Conditions of Carriage
means Air Tahiti Nui, a company with it’s registered
head office at BP 1673-98713, Papeete, French Polynesia.
These Conditions of Carriage do not apply to Air Tahiti (VT) domestic
services within French Polynesia or elsewhere.
|
Air Tahiti Nui Club Tiare Award |
means a ticket issued in exchange for the redemption
of Club Tiare points in accordance with the Air Tahiti Nui Club
Tiare Program Terms and Conditions |
Special Drawing Rights (or SDRs) |
means the composite unit of currency that is
the official unit of exchange of the International Monetary Fund.
(As a rough guide, 1 SDR equates to approximately US$1.49, but this
will fluctuate depending on exchange rates.) |
Stopover |
means a deliberate interruption of a journey
by the passenger, at a point between the place of departure and
the place of destination, which has been agreed to in advance by
the carrier |
Tariff |
means the fares, charges and/or related conditions
of carriage that we file with airline global distribution systems,
in our own reservations system, and in certain instances, with Government
authorities, or as otherwise provided to Travel Agents and Tour
Operators. |
Ticket |
means either the document entitled "Passenger
Ticket and Baggage Check" or the electronic ticket issued by
us or an Authorized Agent on behalf of us and includes all printed
terms, conditions and notices. It also includes any other tickets
issued in conjunction with the first ticket which together constitute
a single contract of carriage |
Validity Period |
means the period for which your ticket is valid
as further explained in 6.6 |
We, Us, Our, Ourselves |
see the definition of Air Tahiti Nui |
You, Your, Yourself
|
see the definition of passenger |
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2. When These Conditions
Of Carriage Apply
|
2.1 Application of Conditions of Carriage |
Except as provided in 2.4, 2.5
and 2.9, these Conditions of Carriage apply to:
• travel on our international flights,
Which are those flights, or flight segments, where 'Air Tahiti Nui'
or our Airline Designator Code 'TN' is shown in the 'carrier' box
of your Ticket, and in any case where we have a legal liability
to you in relation to your flight.
|
2.2 Gratuitous or Reduced Fare Carriage |
Unless advised otherwise these Conditions of
Carriage also apply to gratuitous and reduced fare carriage, and
Air Tahiti Nui Club Tiare Award travel. |
2.3 Basis of Carriage |
The carriage of a Passenger on any flight by
Air Tahiti Nui under the TN Airline Designator Code is, without
exception, subject to:
• |
these Conditions of Carriage
|
• |
any applicable Tariffs filed by us
with regulatory bodies or Agents/Distributors/Tour Operators
|
• |
the Convention, French/Australian/New
Zealand/Japanese laws and laws of the United States of America
if applicable, and any other applicable laws |
• |
any specific directions given to a
Passenger in writing, or orally by our staff, and |
| • |
the fare rules or Air Tahiti Nui Club Tiare Award redemption
rules, as applicable |
|
2.4 Overriding Law |
These Conditions of Carriage are applicable
unless they are inconsistent with any Tariffs or applicable laws
which apply to your carriage with us, in which event the Tariffs
or laws will apply. |
2.5 Read Down |
If any of these Conditions of Carriage is invalid,
illegal or unenforceable, it will be read down to the extent necessary
to ensure that it is not invalid, illegal or unenforceable, but
if that is not possible, it will be severed from the Conditions
of Carriage and the other conditions will remain valid. |
2.6 Cannot Vary |
No Air Tahiti Nui employee or other person
is authorized to vary any of these Conditions of Carriage. However,
this does not affect our right to waive any fare rule or amount
payable. A waiver on one occasion does not constitute a waiver on
any other occasion. |
2.7 Conditions Prevail Over Special
Procedures |
If any of these Conditions of Carriage is inconsistent
with any special procedures we may have (e.g. for the carriage of
unaccompanied minors, passengers with limited mobility), these Conditions
of Carriage will apply, except where Tariffs in the US or Canada
apply, in which case the Tariffs shall prevail. |
2.8 Consumer Guarantees Act (New Zealand)
& Trade Practices Act (Australia) |
(a) Nothing contained in these Conditions of
Carriage shall affect any rights you may have under the Consumer
Guarantees Act 1993 (New Zealand) if it is applicable, or the Trade
Practices Act (Australia). |
2.9 Charter Operations |
If carriage is performed by us under a charter
agreement (hire arrangement), these Conditions of Carriage apply
unless Passengers are advised otherwise.
|
| 2.10 Additional Services or Other Forms of Transportation |
(a) If we make arrangements for you with any
third party to provide any services other than carriage by air,
or if we issue a ticket or voucher relating to transportation or
services (other than carriage by air) provided by a third party,
such as hotel reservations, rail transport or car rental, in doing
so we act only as your agent. The terms and conditions of the third
party service provider will apply. (See also 6.12).
(b) If we are also providing non-airline transportation
to you, our Conditions of Carriage do not apply to such transportation.
The operator’s conditions of carriage may significantly limit
or exclude liability. Details are available upon request. |
Back to Top
3. General |
| 3.1 Prior to Travel |
You alone are responsible for making all necessary
arrangements for your travel and ensuring that you comply with all
laws, regulations and orders of the places you will travel to or
via, such as:
• |
finding out from relevant
consulates whether you need a passport, visa or other travel
document, health document, evidence of sufficient funds, or
evidence of onward travel for your either your destination,
transit point or stopover point |
• |
obtaining those documents |
• |
obtaining inoculations, and |
• |
finding out about dangers to your health
and safety at your destination and any Stopover (see 3.2).
|
If we provide assistance for any of the above aspects of your travel,
this does not release you from your responsibility in respect of
these matters.
|
| 3.2 Destination - Passenger Enquiries |
You should enquire about any local issues and conditions at your
destination(s) prior to commencing travel. We make no representations
as to the safety, conditions or other issues that may exist at any
destination. Travel advice can be obtained from various sources, including
local governments, local consular offices and the website of the Australian
Department of Foreign Affairs and Trade, the New
Zealand Ministry of Foreign Affairs and Trade, or the U.S.
Bureau of Consular Affairs.
|
| 3.3 Travel Insurance |
Because travel involves many risks, and our liability to you
is limited, it is recommended that you purchase a comprehensive
form of travel insurance, which can cover things like:
• |
lost tickets |
• |
changes in travel plans and travel cancellation
(see also 5.4 and 9.3) |
• |
medical and hospital expenses |
• |
repatriation costs for you and your travel
companions |
| • |
personal injury and death |
| • |
delayed, damaged or lost Baggage and other items |
|
| 3.4 Codeshares |
We have arrangements with other Carriers known as 'codeshares'.
This means that even if you have made a reservation on us and
hold a Ticket for an Air Tahiti Nui flight (ie, a flight with
a TN Airline Designator Code), you may travel on another Carrier's
aircraft.
If such arrangements apply to your flight, we will advise you
of the Carrier operating the aircraft at the time you make a reservation.
The Terms & Conditions of Carriage of the Carrier operating
the aircraft shall apply.
|
| 3.5 Health |
(a) We may refuse to carry you if we, acting reasonably, are
not completely satisfied that it is safe for you to fly. Before
you make a reservation you should tell us if you suffer from any
illness, disease or other condition which may make it unsafe for
you or other Passengers if you fly.
(b) Deep vein thrombosis (DVT): Some studies have concluded that
prolonged immobility may be a risk factor in the formation of
clots in the legs, DVT. If you feel you may be at risk from DVT
or other health problems, we recommend you consult with your doctor
before travel. Information on health issues can be found:
• |
online at Health
Inflight |
• |
in the 'Onboard Information' pages of our inflight magazine
– Reva Magazine |
• |
onboard our aircraft through our entertainment system |
Pregnancy: If you are pregnant and: |
| • |
you have a normal pregnancy and your
travel includes International Carriage, all of your travel
must be completed by the end of the 36th week of your pregnancy.
There must be 28 Days between the date travel is completed
and the date on which you are due to give birth. You must
also carry a letter from a registered/licensed medical practitioner
stating that your pregnancy is progressing normally, and specifying
the date on which you expect to give birth |
| • |
you have a complicated pregnancy, medical clearance is required
|
| • |
you have an uncomplicated multiple pregnancy,
medical clearance is not required for International Carriage
provided travel is completed by the end of the 32nd week of
pregnancy. There must be 56 Days between the date of travel
is completed and the date on which you are due to give birth.
You must carry a letter from a registered/licensed medical
practitioner stating that your pregnancy is progressing normally,
and specifying the date on which you expect to give birth
|
We do not represent that travel is safe for you at any particular
point during your pregnancy. You must seek advice from your own medical
practitioner. The periods referred to are only our minimum requirements.
|
| 3.6 Personal Information |
We collect personal information about you (including
health information where necessary) to provide products and services
to you, process your travel arrangements, facilitate your participation
in the loyalty programs of Air Tahiti Nui and other organizations,
conduct marketing activities and market research, and for immigration
and customs control, security, administrative and legal purposes.
If the information is not provided by you, we may not be able to
provide the service requested.
For these purposes, you authorize us to retain your personal information
and to disclose your personal information to our related companies,
other Carriers, travel service providers, organizations which provide
services to us, such as collecting commissions (for more details
see our Privacy Statement on www.airtahitinui.com), your employer
if you are traveling on a Ticket provided through your employer's
corporate travel agreement with us, credit and other payment card
companies, various law enforcement agencies and governments around
the world for security, customs, emergency and immigration purposes.
You may be required by government regulations or laws to provide
specific personal data or information to us, including information
to enable us to notify family members in the event of an emergency.
You can gain access to the information we hold about you and ask
for correction of your personal information by contacting Air Tahiti
Nui Customer Relations in writing at BP 1673-98713, Papeete, Tahiti,
Polynesie Francaise.
|
Back to Top
4. Reservations
|
| 4.1 When is a Reservation Made? |
A reservation for a flight is made when recorded as accepted and
confirmed by us or an Authorized Agent. If you ask, we or our Authorized
Agent will give you written confirmation of your reservation
|
| 4.2 Specified Reservation |
You will only be allowed to travel if you have a specified reservation,
in a specified class of service and on a specified date and flight
(subject to 10). If your ticket is open-dated you
will need to make a reservation prior to being allowed to travel.
|
| 4.3 Ticketing Time |
Once you make a reservation, you or someone on your behalf must
pay for the ticket before the specified ticketing time, as advised
by us or an Authorized Agent (see 5.5). If payment
is not received on or before the specified ticketing time, we may
cancel your reservation without notice.
|
| 4.4 Reconfirmation |
Reconfirmation is not required for our flights. However, you may
need to reconfirm your reservation on any other Carriers involved
in your journey. You should check the reconfirmation requirements
with those other Carriers. If you fail to reconfirm when reconfirmation
is required, the Carrier may decide to cancel your reservation. You
should also check the latest scheduled times of every flight at least
48 hours prior to departure, in case the original scheduled departure
time or departure day has changed (refer 9.1).
|
| 4.5 Changes to Reservations |
| Some fare types may be restricted
so that you:
• |
cannot change or cancel any
reservation, or |
• |
may request to change any reservation
only to a limited extent, or |
• |
may request to change any reservation
only by paying the applicable additional service fee or change
fee (note: Air Tahiti Nui may amend or increase fees from
time to time). |
• |
Fare types with restrictions on changes
or cancellation of reservations will also likely have limitations
on the refund amount available, if any. (Taking into account
our reasonably incurred administration, and processing costs)
(see 13.2).
|
|
4.6 If You Are Late or Do Not Show
Up for Your Flight |
If you are late (see 8.2 and
8.4) or for any other reason fail to use a seat
for which a reservation has been made, and you do not notify us
in advance, then unless the fare rules say otherwise, we may:
• |
require you to pay a service
fee for our reasonably incurred administration costs of
processing your reservation and associated services, and/or
a no show fee where applicable |
• |
cancel any onward and return reservations,
and |
• |
allocate the seat for that reservation
to someone else or |
• |
recalculate the fare and ask you to
pay the fare for your actual transportation (or refund you
any difference if your fare is refundable, less any applicable
service fees). |
If you notify us in advance that you will not show up for the flight,
we will not cancel your subsequent flight reservations.
|
| 4.7 Seating Selection and Allocation |
Although we will try to accommodate your seating need or choice,
we do not guarantee you any particular seat. We can change your
seat at any time, even after you have boarded the aircraft, as we
may need to do this for operational, safety or security reasons.
If we need to ask you to downgrade for any reason, we will:
• |
provide you with an appropriate
refund of the difference in fares (or an appropriate credit
of Air Tahiti Nui Club Tiare points in the event that you
are traveling on a Air Tahiti Nui Club Tiare Award), or |
• |
provide you with any reasonable alternative
flight on our services
|
|
4.8 Special Assistance |
If you require special assistance because:
• |
you are ill |
• |
you have limited mobility |
• |
you have a guide dog (see 5.3)
|
• |
you are pregnant |
| • |
you need special help, or |
| • |
you have a child who is to travel unaccompanied,
we will not refuse to carry you (or your unaccompanied child)
provided that: |
| • |
you have made prior arrangements with
us or our Authorized Agent |
| • |
you have complied with any reasonable
requests we may have, and |
| • |
we have agreed to provide special help
|
|
4.9 Meals and Special Meal Requests |
a) On services where a choice of menu/meal options is usually offered,
we make no undertaking or guarantee that either your first choice
or preferred choice of meal will be available to you.
b) We will try to ensure that if you have requested a dietary or religious
special meal when you make your reservation, it is available (that
is, if the service of special meals is available on your selected
flight).
c) We will not, however, be liable to you for loss, expense, breach
of contract or other damage should we, for any reason, be unable to
supply such requested special meal, or choice of meal as specified
in a) or b) above.
|
Back to Top
5. Fares
|
5.1 What Your Fare Covers |
Your fare covers the flight(s) for you and
your Baggage Allowance:
• |
from the airport at the
place of departure specified on your ticket |
• |
to the airport at the place of destination
specified on your ticket |
We will work out the fare which applies under our tariff in effect
on the date of payment for your ticket for your itinerary and dates
of travel (see also 5.7).
|
5.2 What Your Fare Does Not Cover |
Your fare does not include ground transport
between one airport and another or between the airport and any other
place.
|
5.3 Special Case of Guide Dogs |
If you are sight or hearing impaired, your fare also covers carriage
of your registered guide dog. However, you must notify us of the
requirement for your guide dog to travel when you make your reservation.
When you check-in, you must bring with you your dog's certificate
of registration as a guide dog, suitable dog food and all of the
dog's valid health and vaccination certificates, entry permits,
and all other documents required by any applicable law, regulation
or order of the places to which you are traveling.
Guide dog carriage shall be subject to such other requirements
as we may, acting reasonably, implement from time to time in relation
to the carriage of guide dogs.
|
5.4 Cancellation Insurance |
Some heavily discounted fares may be partly
or completely non-refundable. You should choose the fare which best
suits your needs and consider taking out travel insurance which
covers you in case you need to cancel your reservations due to unforeseeable
circumstances beyond your control.
|
5.5 Buying Your Ticket |
To buy your ticket you or someone on your behalf must pay:
• |
the applicable fare |
• |
any other applicable fees or charges,
and |
• |
all taxes imposed by governments (see
5.7) |
|
5.6 Currency |
You must pay any fares, charges and taxes in
the currency of the country in which the ticket is issued, unless
we or our Authorized Agent say you must use another currency at
or before the time you pay (for example, because of the non-convertibility
of the local currency). We may decide to accept payment in another
currency.
|
5.7 Charges and Taxes |
When you buy your ticket, we will tell you
about (and you must pay) any charges and taxes not included in the
fare and these will normally be shown separately on your ticket.
Charges and taxes change constantly and can be imposed or altered
after the date that we have issued your ticket. If any charges or
taxes imposed by third parties change after we have issued your
ticket, you will have to pay us any increase. Similarly, if any
charges or taxes you pay to us when we issue the ticket are abolished
or reduced prior to your flight, you will be entitled to claim a
refund from us. Note: Some airports and/or authorities charge taxes/levies
that are not included in the ticket price. Such taxes/levies must
be paid direct to the applicable bodies prior to embarkation.
For refunds of charges and taxes refer to 13.5.
|
|
6.1 Ticket Essential |
Your ticket is the main evidence of our contract
with you, so even though you have a reservation for a flight, you
may not board that flight without first obtaining a boarding pass
by either:
• |
presenting at check-in
a valid and intact ticket issued in your name and containing
the flight coupon for that flight, all other unused flight
coupons (including the Passenger Coupon) in that ticket
and any passport or other identification requested, or |
• |
where a valid electronic ticket has been issued in your
name, checking-in and presenting passport identification and
any other documents required by various authorities. |
A valid ticket/electronic ticket is one issued by us or an Authorized
Agent and in respect of which the appropriate fare has been paid.
|
6.2 Ticket is Our Property |
Your ticket is our property at all times if
it was issued by us or our Authorized Agent. If it was issued by
or on behalf of another carrier, it is the property of that carrier.
|
6.3 Ticket is a Valuable Document |
You should treat your ticket as a valuable
document and take all necessary precautions to prevent it being
damaged, lost or stolen. If your ticket is lost or stolen, you should
notify us and, if away from home, the police as soon as possible.
|
6.4 Damaged, Lost or Stolen Tickets |
| If you ask us, we will replace your paper ticket
with a new ticket if:
• |
you have lost your paper
ticket or part of it, or your paper ticket has been stolen |
• |
your paper ticket is spoiled, torn,
damaged or has been altered or tampered with, or |
• |
you do not have your paper ticket with
you and so cannot present it to us |
provided that:
• |
we or an Authorized Agent
issued the original ticket |
• |
you prove you had a valid ticket, and
|
• |
you sign an agreement to repay us any
reasonably incurred costs and losses, up to the value of
the original ticket, which we or another Carrier suffer
as a result of the ticket being misused |
We will not claim from you any losses which result
from our own negligence. We may charge a reasonable administration
fee for issuing a new ticket unless the loss or damage was caused
by us or our Authorized Agents.
If,
• |
you cannot prove that you
had a valid ticket, |
• |
you do not sign such an agreement to repay us any reasonably
incurred costs and losses as provided above |
Then, we may ask you to pay up to the full ticket
price for a replacement ticket. We will give you a refund (see 13.1)
if and when we, acting reasonably, are satisfied that the original
ticket (issued by us or an Authorized Agent) has not been used before
its validity period expired (see 6.6). If you find the original
ticket before its validity period expires and give it to us, then
we will give you a refund at that time.
|
6.5 Ticket Not Transferable |
You must not give or sell your ticket to anyone else to use.
A ticket is not transferable to another person (except where 6.13
applies). If someone else presents your ticket for travel and
we discover that that person is not you, we will refuse to carry
that person. However, if we, acting reasonably, do not discover
that the ticket has been transferred and as a result either carry
the ticket holder or give them a refund, we:
• |
are not obliged to replace
your ticket or give you a refund, and |
• |
are discharged from all and any liability
to provide you a refund |
(See also 6.9 - Events Beyond Your Control.)
|
6.6 Ticket Validity
|
International travel - unless the ticket, these Conditions of Carriage, or any tariffs which apply say something different, a ticket for International carriage is valid for one year from the date of the first flight as long as your first flight took place within one year of your ticket being issued. Alternatively, if no part of the ticket is used, the ticket is valid for one year from the date of issue of the ticket.
|
Air Tahiti Nui Club Tiare award tickets
are valid for 3 months from the date of the first ticketed flight
|
6.7 Extended Validity Period: Due to
Us |
If you are prevented from traveling within the validity period
because we:
• |
cancel your flight |
• |
omit a scheduled stop, being your place
of departure, place of destination or stopover |
• |
cause you to miss a connection on another
Air Tahiti Nui flight, or |
| • |
are unable to supply you with a confirmed seat |
We will extend the validity period. Alternatively, you may be entitled
to a refund in accordance with 13.
|
6.8 Extended Validity Period: Due to
You |
a) If you become ill
If after having started your journey:
• |
you become ill and your
illness prevents you from traveling on your next ticketed
flight within the Validity Period, and |
• |
you want us to extend the validity
period so that you can continue your journey |
You must give us a medical certificate. The certificate must
state the nature of your illness and confirm the date on which
you will be fit to travel again. We will then book you on our
first flight on or after such date:
• |
from the point where your
journey is resumed |
• |
on which space is available |
• |
in the class of service for which the
fare has been paid |
If the flight coupons left on your ticket involve one or more
stopovers, we may extend the validity period up to a maximum of
3 months. If other members of your immediate family were traveling
with you when you fell ill, we will extend the validity period
of their tickets for a similar period.
(b) If your travel companion dies
If a passenger dies during their journey and you are traveling
in the same party as the deceased, we may decide to do either
or both of the following:
• |
we will not enforce any
minimum stay conditions which apply to your ticket |
• |
we will extend the validity period
of your ticket for not more than 45 days after the date
of death |
(c) If your immediate family member dies
If you have started your ticketed journey and a member of your
immediate family dies and you have provided us with a valid death
certificate, we may change your tickets and those of any other
members of your immediate family traveling with you by doing
either or both of the following:
• |
we will not enforce any
minimum stay conditions which apply to the Tickets |
• |
we will extend the Validity Period
of the Tickets for not more than 45 Days after the date
of death |
|
6.9 Events Beyond Your Control
|
If:
• |
you are traveling on private
travel and not on business |
• |
you have been prevented from traveling
by Events Beyond your Control, and |
• |
all or part of the fare for your ticket
is non-refundable |
We will give you a credit for the non-refundable part of the
fare for future travel on us provided that you:
• |
have a completely unused
ticket |
• |
have told us promptly about the events
beyond your control, and |
• |
have given us satisfactory evidence
of these events beyond your control |
The credit can be used for future travel on Air Tahiti Nui flights
(ie, a flight with a TN Airline designator code if you were originally
traveling on a TN flight). We may deduct a reasonable service fee
from the credit to cover our administration costs.
|
|
6.10 Change to Travel Plans |
If you have a partly used ticket and you need to change your
travel plans because of events beyond your control, you must contact
us as soon as possible. We will use reasonable efforts to transport
you to your next stopover or final destination without recalculating
the fare. However we reserve the right to apply any airfare/administrative
or other charges that are applicable.
|
6.11 Coupon Sequence |
(a) The fare paid for your ticket has been calculated on the
basis of the sequence of transportation shown in your ticket.
We will not honor your ticket and it will no longer be valid
if you do not use the coupons in that sequence.
(b) If you require a change to your sequence of transportation,
and your fare allows it, a fare recalculation can be done and
payment adjusted as necessary.
|
6.12 Ticket Issued for Carriage on
Another Carrier |
If we issue a ticket for you to be carried on another carrier's
flight, or check in Baggage for carriage on another carrier, we
do so only as agent for that carrier (but see 16.5(a)).
The conditions of carriage of the other carrier providing those
services will apply.
|
6.13 Our Name and Address |
Our name may be abbreviated to TN (Air Tahiti Nui) on the ticket.
Our address is BP 1673-98713, Papeete, French Polynesia
|
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7. Baggage
|
7.1 Baggage Allowance |
You may carry some baggage free of charge provided you comply with
our baggage requirements which are set out below.
(a) Cabin Baggage
We set maximum dimensions and weights for cabin baggage which must
also:
• |
fit under the seat in front
of you; or |
• |
fit in an enclosed storage compartment
in the cabin of the aircraft. |
You must check it in as checked baggage if:
• |
your cabin baggage is larger
than the maximum dimensions or weights (see table below) |
• |
does not fit under the seat in front
of you or in an enclosed storage compartment, or |
• |
acting reasonably, we decide that it
is not safe to be carried as cabin baggage but it would be
acceptable as checked baggage |
Cabin Baggage Allowances
Passengers (except infants^) are allowed the following cabin baggage.
|
| Route |
Piece
Allowance & Maximum Permitted Dimensions
(Maximum combined dimensions = Width + Height + Length)
|
Weight
Allowance |
| All International
routes
|
First/Business: |
10kg
(22lbs) per piece
|
| 2 x 115cm bags or |
| 1 x 115cm bag plus 1 x 185cm
(73in) non rigid garment bag |
| Economy: |
| 1 x 115cm bag or |
| 1 x 185cm non rigid garment
bag |
Baggage Dimensions
| Length |
|
Height |
|
Depth |
|
Total |
| 48cm (19in) |
+ |
34cm (13in) |
+ |
23cm (9in) |
= |
105cm (41in) |
| 56cm (22in) |
+ |
36cm (14in) |
+ |
23cm (9in) |
= |
115cm (45in) |
| 60cm (24in) |
+ |
114cm (45in) |
+ |
11cm (4in) |
= |
185cm (73in) |
Oversize or Overweight Cabin Baggage
If you try to bring any such item on board and Air Tahiti Nui discovers
it, Air Tahiti Nui may do whatever it considers appropriate in the
circumstances, including disposing of the item without notifying
you (see also 12.2).
Exception: At the discretion of Air Tahiti Nui an exception may
be made for an oversize item which is not overweight, and which
we consider does not present a threat to the safety of customers
or staff, and which can be securely stowed in the cabin and;
• |
the item was inspected by us at check in, and
you told us at check in that you wanted to take it into the
aircraft cabin, and |
• |
we agreed with you at the time of check in it could be carried
in the aircraft cabin |
You may be required to pay a separate charge for
this service.
(b) Checked Baggage
No single item may exceed 32kg in weight when you check-in. (However, please note that if the weight limit for your checked baggage allowance as indicated in the table below is up to 23kg for up to one bag (Economy) or up to 32kg for up to 2 bags (Business/First). If traveling in Economy and your bag weighs up to 32kg, then excess baggage charges will be payable - see 7.6.
• |
You must ensure you have put your name, address and flight details on each item of checked baggage. |
• |
We will give you a baggage identification tag for each piece. |
| • |
We will carry your checked baggage, whenever possible, on the same aircraft as you are traveling on unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your checked baggage on another flight we will deliver it to you, unless an applicable law says you must be present for customs clearance. |
Checked Baggage Allowances
Passengers (except infants^) are allowed the following checked baggage.
| Route |
Free Allowance – Details and Dimensions |
| All International routes |
FIRST/BUSINESS: Maximum 2 Free Bags/Pieces. Up to 32kg’s (70lbs) maximum per piece. No piece to exceed 32kg’s. |
| PIECE SYSTEM APPLIES |
Total dimensions* of each piece must not exceed 158cm (62in) |
| |
ECONOMY: Maximum 1 Free Bag/Piece. Up to 23kg’s (50lbs) maximum per piece. |
| |
Total dimensions* of each piece must not exceed 158cm (62in) |
| |
INFANTS:+ 1 piece 10kg’s (22lbs) plus folding stroller |
* Total dimensions are measured by adding together the height, width and depth of the bag.
^ Infants = under 2 years of age
All
flights
In addition to the baggage allowances referred
to above, the following items may be carried free of charge in the
hold: \
• |
infant's carry basket |
• |
a fully collapsible wheelchair or mobility
aid, subject to occupational health and safety requirements
and aircraft limitations |
Note:
1. Please be aware that stowage limitations may apply on some Air
Tahiti Nui operated services and baggage may at times need to be
transported on a different flight.
2. Additional baggage may be carried at a fixed baggage rate per
piece. An excess fee or handling
charge will be collected for each piece of baggage over the designated
free baggage allowance and for each piece that is oversize or overweight
(For Occupational Health & Safety reasons, pieces in excess
of 32kg’s cannot be carried in any circumstances).
The rates of charge are available from us on request or visit our
website. (baggage)
We may refuse to carry checked baggage if we reasonably believe
that it is not properly and securely packed in suitable containers.
|
| 7.2 Prohibited Items |
We will not carry, and you must not include in
your baggage or otherwise try to bring on board the following prohibited
items:
• |
items which are prohibited
by any applicable national or international law, regulation
or order from being carried on any aircraft |
• |
firearms (except see 7.3)
and weapons of any type, including but not limited to knives,
blades, or sharp items of any kind (except see 7.5)
|
| • |
items listed as dangerous goods in your Ticket |
| • |
items which are likely to endanger the aircraft or persons
or property on board the aircraft, or items that may become
or are dangerous, such as those items specified in the International
Civil Aviation Organization (ICAO) Technical Instructions
for the Safe Transport of Dangerous Goods by Air, or the International
Air Transport Association (IATA) Dangerous Goods Regulations.
Further information is available from us on request |
| • |
items we reasonably determine are unsuitable for carriage
because they are dangerous, unsafe or because of their weight,
size, shape or character, or which are fragile or perishable
|
| • |
animals (except if 5.3 or 7.7 apply) |
If we discover that you are carrying prohibited
items, we may do whatever we consider appropriate and what is reasonable
in the circumstances, including disposing of the item without notifying
you (see also 14.2).
We will not be responsible for any loss or damage
caused to any prohibited items if they are brought on board despite
being prohibited items.
|
7.3 Firearms |
We may agree to carry firearms and ammunition for hunting or
sporting purposes as Checked Baggage. If we do, these must be
packed in accordance with all applicable national and international
laws and regulations. Our approval may be withheld at our sole
discretion. Applications for the carriage of firearms and ammunition
for hunting or sporting purposes must be submitted at least 2
working days prior to your anticipated departure date.
|
7.4 Restrictions on Checked Baggage
|
The following items are judged to be unsuitable
as contents of checked baggage. Air Tahiti Nui assumes no liability
for loss, theft, damage or delay in the delivery of these items,
and they must not be carried in your checked baggage:
• |
Medications |
• |
fragile, delicate or perishable items |
| • |
items with a special value, such as cash, currency, jeweler,
watches |
| • |
negotiable papers, share certificates, securities or other
valuable documents |
| • |
personal electronic equipment including laptops, compact
discs, i-pods, video games |
| • |
commercial goods or business contracts/documents, negotiable
papers, passports and other travel documents, securities |
| • |
photographic equipment, cameras, camcorders, audio equipment,
film, camera equipment, photographs. |
| • |
computers and related components |
| • |
binoculars, telescopes, optical devices including eyeglasses |
| • |
silverware, precious metals, stones or materials, art objects,
sculptures |
| • |
historical artifacts, original manuscripts |
| • |
irreplaceable books, publications or collectibles such as
baseball cards |
| • |
antiques, heirlooms |
| • |
keys |
| • |
Business sales samples |
| • |
furs, including coats, gloves, hats |
| • |
game trophies, antlers, and pelts |
As our liability is limited (see 16),
we will not be liable for any inconvenience costs, expenses, loss
or damage you suffer as a consequence of the item being damaged,
delayed or lost if you have ignored our requirements and included
the item/s as checked baggage, with or without our knowledge. Such
items should be carried as cabin baggage, but you must still comply
with all relevant weight and size limitations
|
7.5 Restrictions on Cabin Baggage |
All cabin baggage must comply with all applicable
size and weight restrictions on your ticket and the Baggage Schedule
(see 7.1(a)). You must not include in cabin baggage:
• |
knives, sharp objects or
cutting implements of any kind and any length, whether of
metal or other material, and some sporting goods (which
are unsuitable for cabin baggage because of weight, size,
shape or characteristics). Such items must be in your checked
baggage. Passengers carrying needles will need to declare
them at airport screening points. Medication should have
a professionally printed label identifying the medication
or manufacturer's name or pharmaceutical label affixed |
• |
anything else that may be identified
on your ticket as prohibited cabin baggage, or |
| • |
anything in excess of what is allowed
in the class of service paid for |
| • |
Special restrictions also may apply
on flights to/from USA. Check with Air Tahiti Nui for latest
details or visit: (baggage) |
If you try to include any such item in your cabin
baggage, we may take it from you and either refuse to carry it,
or put it in the hold as checked baggage and charge excess rates
accordingly.
We do not accept any responsibility or liability for prohibited
items which we or the applicable authorities refuse permission to
carry as cabin baggage and which are not carried as checked baggage.
|
7.6 Excess Baggage |
You may not take on board more cabin baggage
than the class of service paid for allows (see 7.1).
If you check in with more checked baggage than the class of service
paid for allows, we may:
• |
refuse that excess baggage, or |
• |
accept that excess baggage for carriage (although we are
not obliged to do so), and require you to pay a fee before
boarding, or |
| • |
carry that excess baggage on a later flight, and require
you to pay a fee |
If we decide to carry the excess baggage but decide not to charge
you for some or all of your excess baggage, this does not mean
that you will not be charged when you check in for any further
flights with us on your itinerary. Other airlines may also charge
for excess baggage.
As the amount charged for excess baggage may vary from country
to country, you should check with us, your travel agent or the
relevant airline before you commence travel on your itinerary.
|
| 7.7 Pet animals |
For guide dogs, see 5.3. Other than pet dogs, cats or birds (which,
except as provided below, may be carried as checked baggage), all
other animals must be carried as freight.
For carriage of the aforementioned:
• |
you must notify us when you
make your reservation that you wish to travel with your pet
animal. Some airports will require that your pet travels as
freight and some will allow carriage in the hold as checked
baggage |
• |
provided there are no safety or other
reasons which would prevent us from carrying your pet animal,
we will carry your pet in the aircraft hold as excess checked
baggage; however, you must supply proper crating and food
for your pet. If you fail to do this, we may decide not to
carry your pet |
| • |
you may be required to pay an excess
baggage fee, and you must have with you valid health and vaccination
certificates; entry, transit and exit permits; and all other
documents required by any applicable law, regulation or order
|
| • |
unless carrying the animal is covered
by the liability rules of the applicable legislation or the
Convention, we shall not be responsible for injury to or loss,
sickness or death of an animal unless we have been negligent
|
| • |
we are not liable to you for any loss
you suffer because you do not have the health and vaccination
certificates, entry permits, transit permits, exit permits
and other documents needed for your animal. You must repay
to us any fines, costs, charges, losses or liabilities we,
acting reasonably, have paid or suffered because you did not
have these documents.
|
Carriage of your pet may be subject to additional conditions specified
by us.
|
| 7.8 Searches |
Air Tahiti Nui, government or airport officers
may:
• |
require you to submit to clothing and body searches |
• |
require you to submit your baggage to searches or inspections,
and |
| • |
search or inspect your baggage with or without you |
As a result of a search, or if you refuse to submit yourself or
your baggage to a search, we may refuse to carry you and your baggage,
and may deliver your baggage to government or airport officers.
Except as otherwise provided by the convention or other applicable
laws, if a search or screen causes damage to you, or a search, screening
or x-ray causes damage to your baggage, we will not be liable for
the damage unless it was caused by our negligence or fault. |
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8. Check In |
8.1 Before Check In |
You must ensure you have your ticket (or a booking reference
for an electronic ticket), passport or acceptable international
travel document, baggage, all necessary travel documents and anything
else you need to travel, and present them to us at our request.
|
| 8.2 Check-In Deadline |
| We or our Authorized Agent will advise you of the
check-in Deadline for your first flight with us.
You should ensure that you:
• |
have checked in by that
check-in deadline to complete all departure formalities, and
|
• |
are at the boarding gate ready to board
by no later than the time specified to you at check-in |
For all your other flights, you should find out what check-in and/or
boarding deadline applies at your airport of departure or transit.
You can ask us or our Authorized Agent for our check-in deadlines.
|
| 8.3 At Check-In |
At check-in we will issue your boarding pass
and baggage check and/or baggage identification tag for any checked
baggage. Keep these with you until you complete your travel. We
recommend members of Club Tiare award program retain boarding
passes to assist verification of any outstanding membership points
accruals owed.
|
8.4 If You Are Late |
If you arrive:
• |
late at check-in or the
boarding gate (see 8.2), or |
• |
without your ticket and all necessary
travel documents |
We may:
• |
cancel your reservation |
• |
refuse to carry you, and/or |
• |
require you to pay a service fee to
cover our reasonably incurred administration costs and or
costs of alternative flights |
Except as otherwise provided in the Convention or
any applicable laws, we are not liable to you for any loss or
damage you may suffer as a result of your late arrival.
|
| Back to Top
9. Schedules, Late or Cancelled Flights |
| 9.1 Schedules |
(a) The flight time or date shown on your ticket
may change between the date of issue and your date of travel.
We do not guarantee the flight times and they do not form part
of your contract of carriage with us.
(b) Before we accept your booking, we or our Authorized Agent
will tell you the scheduled departure time of your flight and
it will be shown on your ticket or itinerary and receipt. We may
need to change the scheduled departure time of your flight after
your ticket has been sent to you. If you give us or our Authorized
Agent contact information, we or they will try to let you know
about any changes. In any event, prior to your flight you should
check to ensure your flight times have not changed. You should
check the flight departure and arrival information posted at the
airport. Except as otherwise provided in the convention, or any
applicable laws, we shall not be liable to you for any losses
that you may incur if you fail to do so.
(c) If, after you buy your ticket, we make a significant change
to the scheduled departure time of your flight:
• |
and you find this change
unacceptable; and |
• |
we or our Authorized Agents cannot book you on another
flight which you are prepared to accept |
Then, we will give you a fare refund (to the
extent that the purchase price paid for the fare exceeds our reasonably
incurred administration costs) or a credit for the non-refundable
part of the fare for future travel with us.
Please Note: Air Tahiti Nui is not responsible for or liable for failure to make connections, or to operate any flight according to schedule, or for a change to the schedule of any flight. Under no circumstances shall Air Tahiti Nui be liable for any special, incidental or consequential damages arising from the foregoing.
|
9.2 Late or Cancelled Flights (Except
in Circumstances Beyond Our Control) |
| We will take all reasonable measures
necessary to carry you and your baggage and to avoid delay in
doing so. In doing so and in order to prevent a flight cancellation,
in exceptional circumstances we may arrange for a flight to be
operated on our behalf by an alternative carrier and/or aircraft.
Except:
• |
as otherwise provided
by the convention or other applicable laws, or |
• |
in circumstances where the delay
or cancellation is beyond our control (e.g. bad weather,
runway closure, air traffic control issues) |
If we:
• |
cancel a flight |
• |
fail to operate a flight reasonably according to the flight
schedule |
| • |
fail to stop at your destination or stopover destination,
or |
| • |
cause you to miss a connecting flight on your ticket on
which you hold a confirmed reservation, |
we will, in consultation with you, provide one
of the following three options:
Option 1 - we will carry you at the earliest
opportunity on another of our scheduled services on which space
is available without additional charge and, where necessary, extend
the validity period of your ticket.
Option 2 - we will within a reasonable period
of time re-route you to the destination shown on your ticket by
our own services or those of another carrier, or by other mutually
agreed means (e.g. by bus) and class of transportation, without
additional charge. If the fare and charges for the revised routing
are lower than what you have paid, we shall refund the difference,
or
Option 3 - we will make a refund in accordance
with the provisions of 13.
Subject to the provisions of 6.9 and 9.1
above, these shall be the only remedies available to you and we
shall have no further liability to you unless otherwise specified
by the convention or any applicable laws. Under no circumstances shall Air Tahiti Nui be liable for any special, incidental or consequential damages arising from late or cancelled flights.
|
9.3 Late or Cancelled Flights Due
to Circumstances Beyond Our Control |
Where the delayed or cancelled flight is
as a result of circumstances beyond our control, whether you have
checked in or not, we will try to assist you to get to your destination
or next stopover, but subject to the provisions of 6.9 will not
otherwise be responsible for refunding a non-refundable airfare
(see 3.3), or paying any costs or expenses you
may incur as a result of the delay except as otherwise provided
in the convention or any applicable laws. |
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10. Refusal of Carriage/Denied Boarding |
10.1 Refusal of Carriage
Even if you have a ticket and a confirmed reservation,
we may refuse to carry you and your baggage if any of the following
circumstances have occurred or we reasonably believe will occur:
• |
if carrying you or your baggage may put the
safety of the aircraft or the safety or health or any person
in the aircraft in danger or at risk |
• |
if carrying you or your baggage may materially affect
the comfort of any person in the aircraft |
| • |
if carrying you will break government laws, regulations,
orders or an immigration direction from a country to which
you are traveling or are to depart from |
| • |
because you have refused to allow a security check to
be carried out on you or your baggage |
| • |
because you do not appear to have all necessary documents
(see 8.1) |
| • |
if you fail to comply with any applicable law, rule,
regulation or order or these Conditions of Carriage |
| • |
if you fail to complete the check-in process by the check-in
deadline or fail to arrive at the boarding gate on time |
| • |
because you have not obeyed the instructions of our ground
staff or a member of the crew of the aircraft relating to
safety or security |
| • |
because you have not complied with our medical requirements
(see 3.5) |
| • |
because you require special assistance and you have not
made prior arrangements with us for this (see 4.8) |
| • |
if you appear to be intoxicated or under the influence of alcohol or
drugs |
| • |
if you are, or we reasonably believe you are, in unlawful
possession of drugs |
| • |
if in our sole opinion your mental or physical state is a danger or risk
to you, the aircraft or any person in it |
| • |
if your physical or mental condition is such that in Air Tahiti Nui’s sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant |
| • |
if you appear have a communicable disease that has been determined by a National or Federal public health authority to be transmissible to other persons in the normal course of flight |
| • |
have an offensive odor not caused by a disability or illness |
| • |
are clothed in a manner that would cause discomfort or offense to other passengers |
| • |
are barefoot |
| • |
if you have used threatening, abusive or insulting words
towards our ground staff or a member of the crew of the
aircraft or otherwise behaved in an offensive or threatening
manner |
| • |
if you have committed a criminal offence during the check-in
or boarding processes or on board the aircraft |
| • |
if you have deliberately interfered with a member of
our ground staff or the crew of the aircraft carrying out
their duties |
| • |
if you have put the safety of either the aircraft or any
person in it in danger |
| • |
if you have made a threat |
| • |
because you have committed misconduct on a previous flight
and we have reason to believe that such conduct may be repeated |
| • |
because you cannot prove you are the person specified
on the ticket on which you wish to travel |
| • |
because you are trying to use a flight coupon out of sequence
without our agreement (see 6.11) |
| • |
if you destroy your travel documents during the flight |
| • |
if you have refused to allow us to photocopy your travel
documents |
| • |
if you have refused to give your travel documents to
a member of our ground staff or the crew of the aircraft
when we have asked you to do so |
| • |
if you ask the relevant government authorities for permission
to enter a country in which you have landed as a transit
passenger |
| • |
because your ticket
- is not paid for
- has been reported lost or stolen
- has been transferred
- has been acquired unlawfully
- has been acquired from someone other than us or an Authorized
Agent
- contains an alteration which has not been made by us or
an Authorized Agent
- is spoiled, torn or damaged or has otherwise been tampered
with, or
- is counterfeit or otherwise invalid |
In any of the situations in this 10.1, we may
remove you from a flight, even after you have boarded, without
any liability on our part, and cancel any subsequent flights on
the ticket.
|
10.2 Notice of Refusal to Carry You |
We will be entitled to refuse to carry you
and your Baggage if we have notified you in writing that we will
not carry you on our services. The notice will give details of
the period for which it will apply and will ask you not to buy
a ticket or ask or allow anyone to do so for you. If you try to
travel while the notice is in force, we will refuse to carry you
and you will be entitled to a fare refund minus our reasonably
incurred administration fees.
|
10.3 Overbooked Flights - Denied Boarding
Compensation |
If you are denied boarding on an overbooked
scheduled international flight for which you have both a valid
ticket and a confirmed reservation, and you have presented at
check-in by the check-in deadline, then depending on the difference
between your original scheduled arrival time and your actual arrival
time, you may be eligible for compensation.
Either:
• |
in accordance with any
law which may apply, in accordance with any law which
may apply, |
or if there is no applicable law:
• |
as set out in our denied
boarding compensation policy which is available on request
from our international airport check in counters. |
|
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11. Conduct During Flight |
11.1 Obey Directions
To maximize passenger comfort, safety and security, you must
comply with the following requirements, and all other reasonable
directions of any crew member on your flight with us, when on
board:
• |
stow cabin baggage under
the seat in front of you or in the overhead lockers |
• |
take care when you open overhead lockers,
since cabin baggage may move during flight |
| • |
keep your seatbelt fastened when seated
|
| • |
remain seated with your seatbelt securely
fastened during turbulence |
| • |
stay seated as directed, in particular
while the aircraft is moving on the tarmac |
| • |
do not smoke (see 11.4)
|
| • |
if you drink alcohol, drink only in
moderation and only alcohol served on your flight with us
as part of our in-flight bar service |
| • |
use infant and child restraints as
directed |
| • |
do not behave in a manner to which
other passengers may reasonably object, and if asked by
a member of the crew acting reasonably, you must give your
passport or other travel document to them for safe custody
until the end of the flight
|
We may also ask you not to operate any electronic devices including
cellular telephones, laptop computers, recorders, radios, CD players,
electronic games, laser products or transmitting devices, walkie-talkies,
remote or radio controlled toys that could interfere with the
flight. If you fail to comply with our requests, we may retain
the device until the end of the flight. Hearing aids and heart
pacemakers are permitted.
|
| 11.2 Control of Passengers |
We will take all reasonable steps to maintain the comfort,
safety and security of all passengers. If we reasonably consider
it necessary, we may restrain you or remove you from any flight
anywhere, for example if you:
• |
conduct yourself so as to endanger the safety
of the aircraft or any person or property on board |
• |
obstruct, or fail to comply with any direction of, any crew
member |
| • |
behave in a manner to which other passengers may reasonably
object |
| • |
interfere with a crew member who is performing his or her
duties aboard an aircraft |
| • |
tamper or interfere with the aircraft or its equipment |
In addition, you may be refused further carriage with us. You
may also be prosecuted for offences committed on board the aircraft.
|
| 11.3 Diversion Costs Caused by Unacceptable Behavior |
If as a result of your behavior we divert the aircraft to
an unscheduled destination and make you leave the aircraft, you
must pay us the reasonable and proper costs of the diversion.
|
| 11.4 Smoking prohibited |
Smoking is not permitted on any of our aircraft.
|
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12. After the Flight |
12.1 Collect Your Checked Baggage
|
You must collect your checked baggage as
soon as it is available for collection.
|
12.2 If You Cannot Find Your Checked
Baggage |
If you cannot find your checked baggage, produce
your ticket and baggage identification tag to us. Only the person
to whom the baggage identification tag was issued is entitled
to collect that baggage.
|
12.3 Release of Checked Baggage by
Air Tahiti Nui |
| If we have baggage you claim
is yours but you do not have the baggage identification tag, we
will release it to you only if you:
| • |
produce adequate proof
of entitlement to it |
| • |
undertake in writing to us that you
will reimburse us for any loss, damage or expense incurred
as a result of that release, and |
| • |
comply with any other applicable
directions given to you by us |
|
12.4 Disposal of Baggage by Air Tahiti
Nui |
If you do not collect your checked baggage
within 28 days of your flight, it will be disposed of without
notifying you and without liability on our part.
We are not liable for any loss you may suffer caused as a result
of your leaving cabin baggage or any personal belongings on an
aircraft when you disembark or if you leave any belongings in
the airport terminal or lounge.
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12.5 If You Collect the Wrong Bag |
If you pick up the wrong bag or other baggage from the baggage
carousel, it is your responsibility immediately to return the
bag or baggage at your own cost to the baggage claims officer
or airport manager at the airport where you collected it.
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13. Refunds |
13.1 When a Refund is Available
|
a) Except where prohibited by restrictions on the fare type
or value, if you:
| • |
have a valid, partly
or wholly unused ticket, and |
| • |
surrender all of that ticket to us |
then on request, we will provide a refund as set out in
13.2 provided that the purchase price paid for the
fare exceeds our reasonably incurred administration costs.
(b) Additionally, if we:
| • |
are unable to carry you
and you have a confirmed reservation |
| • |
delay your flight to the extent that
you have to cancel your travel |
| • |
make a significant change to the
scheduled flight time, which is not acceptable to you
and we are unable to book you on an alternative flight
which is acceptable to you |
| • |
downgrade you from the class paid for |
| • |
fail to stop at a stopover or the destination specified
on your ticket |
| • |
cause you to miss a connecting Air Tahiti Nui flight
on which you have a confirmed reservation |
| • |
cancel your flight, or |
| • |
the circumstances of 6.4 apply |
then on request, we will provide an appropriate refund, which
shall, except as otherwise provided in these Conditions of Carriage,
be the maximum extent of our liability.
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13.2 What Refund is Available? |
Except where prohibited by restrictions on the fare type (see
4.5), if a refund is requested under the circumstances
described in 13.1(a) (within the refund deadline
referred to in 13.6), then we will provide
a refund equal to:
| • |
the fare paid (including
any charges and taxes but minus our reasonably incurred
administration costs) if no part of the ticket is used,
or |
| • |
if part of the ticket is used, the
difference between the fare paid and the fare for the
part of the ticket used, and any applicable charges and
taxes less any cancellation and reasonable administration
fees |
Depending on the fare type, where a ticket is partly used,
the unused part may have little or no monetary refund value.
|
13.3 Who Gets the Refund and How
is it Paid? |
(a) Except for the circumstances set out
in 6.5, any refund will be paid to the person
who paid for the Ticket, unless that person has authorized us
in writing to pay the refund to someone else.
(b) We will pay the refund in the same way and in the same currency
used to pay for the ticket, unless we agree otherwise.
|
13.4 Refunds on Lost or Stolen Tickets |
|
13.5 Refunds on Taxes and Charges |
Certain charges and taxes may be payable on your Ticket. Whether
or not your airfare is refundable, if you do not use your ticket,
you may be entitled to claim a refund of some or all of any
charges and taxes which you have paid (unless we have had to
pay any of the charges or taxes even though you have not traveled)
less a reasonable administration fee. If the administration
fee reasonably incurred exceeds the amount of the refund, no
refund will be paid.
|
| 13.6 Refunds - Events Beyond Your Control |
See 6.9.
|
| 13.7 Deadline for Refunds |
Unless an applicable law says otherwise, we may refuse to provide
a refund if it is requested after the end of the Validity Period.
|
| 13.8 Right to Refuse Refund |
We may refuse a refund on a ticket which is your evidence of
intention to depart from the country you are in unless you can
establish to our satisfaction that:
| • |
you have permission from
the appropriate government or other authority to remain
in that country, or |
| • |
you will depart by another means of transport |
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14. Refusal of Entry and Fines |
(a) If you are refused permission to enter
a country and if a government or government authority orders us
to return you to your place of origin or remove you to another
country:
| • |
you must pay for any detention
costs and the return or other fare, and |
| • |
we may set off any refund owing to
you for unused flight coupons against the amount of that
return or other fare (if unpaid) |
We will not refund the fare for carrying you
to the place where you were denied entry.
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| 14.2 Reimbursement to Air Tahiti Nui for Fines, Penalties
and Expenses |
If we are ordered to pay any fine or penalty
at any time, or incur any expense, costs, loss or damage ("losses")
by reason of you being denied entry into any country, or because
of your failure to comply with any law, regulation, order or requirement,
or because of your behavior, health or medical condition, you
must reimburse us for all losses plus all legal costs and other
expenses reasonably incurred. We may set off any refund owing
to you for unused flight coupons against any such amounts.
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15. Successive Carriers
|
If your ticket covers carriage by us and other carriers, the carriage
will be regarded as a single operation under the Convention and
applicable laws (see also 16.5(a)).
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16 Liability |
16.1 Our Conditions of Carriage
|
These Conditions of Carriage govern our liability to you. The
liability of any other carrier involved in your journey will be
determined by its own conditions of carriage. If we issue a ticket
or if we check-in baggage for carriage on another carrier's flight,
we do so only as agent for that carrier (but see 16.5(a)).
|
| 16.2 Governed by Convention |
International carriage will be governed by the Convention, where
applicable, or under these Conditions of Carriage and applicable
laws where the Convention does not apply. Our liability may be limited
in respect of death or injury and for destruction or loss of, or
damage to, baggage, and for delay.
|
| 16.3 Negligence or Other Acts or Omissions by You |
If we prove that any damage was caused by, or contributed to by
you, our liability may be reduced in accordance with applicable
laws.
|
| 16.4 Our Liability for Your Death or Injury or Delay |
(a) International carriage
| • |
For any recoverable compensatory
damages up to 113,100 SDRs (about US$171,000) in respect
of death or bodily injury caused by an accident on board
the aircraft or during embarking or disembarking, we will
not exclude or limit our liability. However, any liability
we may have for damage will be reduced in accordance with
applicable law by any negligence on your part that causes
or contributes to the damage |
| • |
We will not be liable for damages arising
in respect of death or bodily injury to the extent that
they exceed for each passenger 113,100 SDRs (about US$171,000),
if we prove that:
- such damage was not due to the negligence or other wrongful
act or omission of us or our agents; or
- such damage was solely due to the negligence or other
wrongful act or omission of a third party |
| • |
In the case of passenger delay:
- where the Warsaw Convention applies, we will be liable
for damage except when we can prove that we took all necessary
measures to avoid the damage or that it was impossible for
us to take such measures
- where the Montreal Convention applies, we will be liable
for damage except when we can prove that we took all measures
that could reasonably be required to avoid the damage or
that it was impossible for us to take such measures. |
| • |
Our liability under the Montreal Convention is limited to
4,694 SDRs (about US$7,100) |
(b) European Community
If your ticket was purchased in the European Community and your
travel is from or to a point in the European Community:
| • |
we shall, without delay and in any event not
later than 15 Days after the identity of the natural person
entitled to compensation has been established, make such advance
payments as may be required to meet immediate economic needs
on a basis proportionate to the hardship suffered |
| • |
an advance payment shall not be less than the equivalent
of 15,000 Special Drawing Rights (about US$22,000) per Passenger
in the event of the death of a Passenger |
| • |
an advance payment does not mean that we admit liability
and it may be offset against any subsequent sums paid on the
basis of our liability |
An advance payment is not returnable unless:
| • |
we prove that the damage was caused or contributed
by negligence of the Passenger or the person who received
the payment, or |
| • |
we prove that the person who received the payment was not
entitled to compensation
|
(e) General
| • |
we are not responsible for any illness, injury
or disability, including death, attributable to your physical
condition or for the aggravation of such condition |
|
| 16.5 Our Liability for Damage to Your Baggage |
(a) General
| • |
we will be liable only
for damage or delay occurring during carriage ticketed on
our Airline Designator Code. If we issue a ticket or check
baggage on the flight of another carrier, we only do so
as agent for that carrier. Nevertheless, with |
| • |
respect to Checked Baggage, you may
also have a right of action against the first or last carrier
|
| • |
we are not liable for any damage to
your Cabin Baggage unless such damage is caused by our negligence
|
| • |
we are not liable for any damage caused
by your Baggage. You are responsible for any damage caused
by your Baggage to other persons or property, including
our property |
| • |
except to the extent required by law,
we are not liable for damage or delay to items which you
are asked not to include in your Checked Baggage (under
7.4). These items include fragile or perishable
items, items with a special value, such as money, jewelry,
precious metals, computers, personal electronic devices,
share certificates, bonds and other valuable documents,
or passports and other identification documents |
(b) International Carriage
| • |
Where your travel is International
Carriage and a Convention applies, our liability for damage
to checked baggage is limited by the Convention except where
you prove that the damage resulted from an act or failure
to act either done with the intention to cause damage or
recklessly and with knowledge that damage would probably
result |
| • |
Our liability for loss of, damage to,
or delay in the carriage of, your Baggage is limited by
the applicable Convention as follows: |
| • |
Conventions other than the Montreal
Convention 1999 – 17 SDR’s (about US$25) for
each kilo of your checked baggage affected or 332 SDR’s
(about US$500) for your cabin baggage, unless A25 of the
Warsaw Convention applies, in which case these limits do
not apply |
| • |
Montreal Convention 1999
- 1,131 SDRs (approximately US$1,700) cumulative for both
checked baggage and cabin baggage. In the case of checked
baggage, we will not be liable if the baggage was defective,
unless A.22.5 of the Montreal 1999 Convention in which case
these limits do not apply. We will only be liable for cabin
baggage if we were at fault |
However, if the law which applies provides for different limits
of liability, those different limits will apply.
If the weight of your checked baggage is not recorded on your
baggage check, we will presume that it is not more than the free
allowance for the relevant class of carriage (see 7.1).
|
| 16.6 General |
We are not liable for any damage arising from our compliance with
any laws or government regulations or your failure to comply with
the same.
These Conditions of Carriage (including any exclusion or limitation
of liability) shall apply to and be for the benefit of our Authorized
Agents, employees and representatives to the same extent as they
apply to us. The total amount that you can recover from us, our
Authorized Agents, employees and representatives shall not be more
than the total amount of our liability, if any.
Except where these Conditions of Carriage provide otherwise, our
liability, if any, shall be limited to proven compensatory damages.
We shall not in any circumstances be liable for indirect or consequential
damages and, to the extent consistent with the Convention, in no
event shall our obligations exceed any liability specified in these
Conditions of Carriage.
Nothing in these Conditions of Carriage:
| • |
except where we state otherwise
in writing, gives up any exclusion or limitation of liability
to which we are entitled under the Convention or any laws
which may apply, or |
| • |
gives up any defense available to
us under the Convention or any laws which apply, including
against any public social insurance body or any person liable
to pay, or who has paid, compensation for the death, wounding
or other bodily injury of a Passenger. |
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17. Claims by You |
17.1 Personal Injury or Death Claims |
If you have a claim for personal injury or your personal representative
has a claim for your death, you or your personal representative
should notify us in writing as soon as possible.
|
| 17.2 Baggage Claims |
If the person with a baggage identification tag receives checked
baggage without making a complaint, it will be reasonable evidence
that the checked baggage was delivered in good condition and according
to the Conditions of Carriage, unless you prove otherwise. We
will not be liable for normal wear and tear of Baggage such as
small scratches, scuffs, dents and cuts.
Any claim for damage to or delay of baggage must be made in writing
to us within the following time frames:
| • |
in the case of damage
to your baggage, as soon as you discover the damage after
you have received the baggage, and at the latest within
7 Days of the flight
from which the flight originates |
| • |
in the case of delay, within 21 days
from when the baggage has been made available to you |
|
| 17.3 Clothing Damage |
Any incident involving damage to your clothing worn or taken
into the aircraft cabin, must be immediately reported to our cabin
crew.
|
| 17.4 Limitation of claims |
Unless your right to claim for damages has expired earlier as
provided elsewhere in these Conditions of Carriage, you will have
no right to claim for damages if court proceedings are not brought
within two years from:
| • |
the date of your arrival
at your destination |
| • |
the date the aircraft should have
arrived, or |
| • |
the date on which your carriage stopped |
The method of calculating the period of limitation will be determined
by the law of the court where the case is heard. |
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