General terms and Conditions of Sale and Transport

WHAT YOU NEED TO KNOW

When booking an airline ticket, regardless of the booking method and / or the point of sale, you accept the general conditions of transport hereafter. AIRCALIN reserves the right to modify or, more generally, to update the present terms and conditions at any time and without notice. We invite you to consult them regularly.

Article 1: Definitions

Accompanying person

Means a travel companion, or an escort responsible for a Passenger needing assistance during their travel due to reduced mobility, illness….

Accredited or Authorized Agent

means a natural or legal person that the Carrier has approved to represent it in the sale of air transport tickets on its services. The Carrier may be designated as an Accredited Agent if the latter has carried out the sale of AIRCALIN tickets to the Passenger and in particular, via its website, its Call Centre and its AIRCALIN physical points of sale.

Actual Carrier

Means the Carrier who operate the flight. It can therefore be the contractual carrier or any other carrier acting on behalf of the latter (code-share, charter ...).

Aeronautical fees

Means airport charges for airport operational cost(landing fees, hangar charge….) and paid for by the airline.

Airline Designator Code

means the code issued by IATA (International Air Transport Association), which identifies each carrier using two or more alphabetical, numerical or alphanumeric characters and that is shown on the Ticket in combination with the flight number. The IATA designator code for AIRCALIN is "SB".

Air Pass

Means special fare program that allow Passengers to fly to multiple cities in a designated region.

Air Transport (or Air Travel)

Means the transport of the Passenger and their Baggage as defined by the applicable Convention.

Aircalin

means the company “Air Calédonie International” public limited company since 1983 with a share capital of XPF10,434,973,185 with its registered office located at 8 RUE FREDERIC SURLEAU - 98800 NOUMEA. Also designated herein by the "Carrier".

AIRCALIN website

Means the website www.aircalin.com

Airlines (or air carrier)

Means a company that provides air transport services for traveling passengers and freight. Airlines use aircrafts to supply these services and may form partnerships or alliances with other airlines for codeshare agreements, in which they both offer and operate the same flight.

Allotment

Means a quantity of pre-negotiated seats by a Carrier to a Tour operator

Applicable Law

Means all laws, rules, regulations, ordinances, treaties, conventions, decrees and instructions of the Carrier, in each case to the extent applicable to the services provided in accordance with the Transport Contract.

Arrival time of the aircraft

Means the time the aircraft stops at the landing gate (not the landing time). The arrival time of the aircraft is indicated on the ticket.

Associated costs

Means the costs appearing in the ticket price construction box.

Autonomous

Means that a person does not need services related to a disability beyond those normally provided by the Carrier or those that applicable law requires the Carrier to provide.

Aviation Safety

Means measures taken on board the aircraft or during the flight. The cabin crew must explain before takeoff the measures provided in this area: use of seat belts, life jackets, oxygen masks, emergency exits. These measures can be found on a leaflet located on each seat pocket on the aircraft. Depending on the course of the flight, certain precautions may be required of passengers; the most common being to keep your seat belt fastened.

Aviation Security

Means Security concerns the prevention of terrorist acts, in particular the baggage check carried out before arrival at the departure lounge. All hand luggage must pass through an electronic control device; their content being viewed on screen. Each passenger must also pass under a detection portal. As for luggage left unattended or abandoned, it can be destroyed at any time, without any possibility of compensation for its owner.

Baby

Means any child under the age of two, up to the date of departure of the transport.

Baggage

means the effects and other personal items that accompany Passengers during their journey. Except as otherwise provided for, this term includes both Checked Baggage and Unchecked Baggage.

Baggage Allowance

means the maximum quantity of Baggage (in terms of number and/or weight and/or dimensions), if any, determined by the Carrier and with which each Passenger may travel whether or not in return for a payment depending on the fare conditions.

Baggage Check

means the portion of the Identification Form issued to the Passenger by the Carrier relating to the carriage of Checked Baggage.

Baggage Receipt

Means the part of the Identification Card issued to the Passenger by the Carrier, relating to the transport of Checked Baggage.

Baggage Tag

means the portion of Identification Form that is affixed to the Checked Baggage.

Beneficiary

means the Passenger or any person who can claim compensation for or on behalf of said Passenger, in accordance with the applicable law.

Boarding

means getting into the aircraft. Boarding is the next step after completing your check-in and security checks. The boarding gate number can be found on the boarding card received at time of check-in.

Boarding deadline

Means the time limit for getting into the aircraft, as indicated on the boarding pass and before which the passenger must appear at the departure gate.

Booking (Reservation)

means any request for carriage made by a Passenger recorded by the Air Carrier or its Authorized Agent.

BSP

Billing Settlement Plan. BSP is a system designed to facilitate and simplify the selling, reporting and remitting procedures of IATA Accredited Passenger Sales Agents, as well as improve financial control and cash flow for BSP Airlines.

Carrier

means AIRCALIN or any other carrier, for which the Designator Code appears on the Ticket or on a conjunction Ticket.

Carrier Regulations

Refers to all rules, other than these Conditions, published by the carrier and in force on the date of issue of the ticket, relating to the carriage of passengers and / or baggage, including all prices applicable on that date.

Change of itinerary

Means issuing a new ticket, or honoring an existing ticket, covering transport to the original destination, but via a route different from that indicated on the ticket. Means a change in the destination issuing a new ticket, or honoring an existing ticket, covering transport to the original destination, but via a route different from that indicated on the ticket.

Charter

Means the operation by which the Carrier having concluded a Transportation Contract with the Passenger (“Contractual Carrier”) delegates to another Carrier (“Actual Carrier”) the responsibility of carrying out all or part of the Air Transport. Also designates the operation by which any other contracting party of the Passenger (a tour operator for example) entrusts a Carrier with the task of providing all or part of the Air Transport.

Checked Baggage

means Baggage of which the Carrier has taken custody and for which an Identification Form has been issued.

Check-in

Operation consisting in validating the passage and the deposit of hold baggage. This operation takes place at one of the company's counters, on the Internet, on a terminal, or on a mobile phone.

Check-in deadline

means the time limit before which Passengers must have carried out their formalities, in particular check-in, including, where applicable, checking in their Baggage, and be in possession of their boarding card or pass.

Class of service

Means a particular type of aircraft cabin service. Classes vary with types of compartments, seating comfort, and amenities, with variation between airlines, and denoted by a fare code on the ticket.

Code Share

see « Code Share Flight »

Code Share Flight

means a flight operated by an Air Carrier that can be either the Carrier with which the Passenger concluded a Contract of Carriage (Contracting Carrier or Contractual Carrier) or another carrier operating the flight (the Actual Carrier) with which the Contracting Carrier has associated its Designator Code.

Compensation

According to the Law, compensation can be obtained (limited to certain conditions and to certain ceilings) from its carrier if its responsibility is engaged in particular in the event of material damage, loss or consequent delay of baggage, cancellation, air delay and damage passenger bodily harm. Taking out certain additional insurance policies may possibly increase the amount of these indemnities. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier’s liability. Our liability will be determined by applicable law and these Conditions of Carriage

Conjunction Ticket

means a Ticket the issue of which is rendered necessary because of the large number of Coupons for a primary Ticket.

Connection

when a traveler changes planes to connect to another flight to reach their destination and the stop is less than four hours domestically or 24 hours internationally

Contract of Carriage

Means the conditions set in the Ticket or Itinerary-receipt (Travel Memo) which outlined the regulations pertinent to General Conditions of sales & Carriage as well Passengers’ notices.

Contractual Carrier or « Contracting Carrier »

means the Carrier with which the Passenger has concluded a Contract of Carriage and for which the Designator Code appears on the Ticket.

Convention

means, as applicable: (a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929. (b) the Hague Protocol of 28 September 1955, which amended the Warsaw Convention. (c) the Guadalajara Supplementary Convention, of 18 September 1961. (d) the Montreal Protocols 1, 2 and 4 (1975), which amended the Warsaw Convention. (e) the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999.

Coupon

means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.

CRM

Acronym which stands for "Customer relation management", or customer relationship management. It mainly applies to online software with functions aimed at automating and improving said relationship.

Currency

Foreign currency.

Damage

Includes death, injury to a Passenger, delay, loss, partial loss, or other of whatsoever nature arising out of or in connection with Air Carriage or other services performed by the Carrier incidental thereto.

Days

mean the calendar days that include the seven days of the week, it being understood that in the event of notice being issued, the dispatch day is not included and that, in order to determine the validity of a Ticket, the date of Ticket issue or the flight departure date are not counted.

Departure time of the aircraft

Means the time the aircraft leaves the gate (not the take off time). The departure time of the aircraft is indicated on the ticket.

Direct Flight

Means a flight where the passenger does not need to change planes, but the aircraft may stop in one or more cities to reach the destination.

Domestic Flight

means any flight for which the departure and arrival town are located in the same State, within territorial continuity.

DOT Hazardous materials regulations

Refers to hazardous materials regulations issued by the United States Department of Transportation's Bureau of Materials Transportation in Title 49 of the Code of Federal Regulations, Parts 171 to 177 (49 CFR 171-177), such as these can be amended at any time.

Electronic Coupon

Refers to an electronic Flight Coupon or any other document of the same value, saved on a digital medium in the Carrier's reservation computer system.

Electronic Ticket

Refers to the Ticket recorded by the Carrier or at its request saved by a computer reservation system and certified by the Travel Memo (also called "Itinerary / Receipt"), the electronic Flight Coupon or any other document of the same value, issued by the Carrier or by an Accredited Agent.

Equivalent Available Seat Kilometer (EASK)

Unit of measure used in air transport: it provides the volume of seats on a given line. It is the product of the number of seats offered by the distance (expressed in km) which separates the starting point from the destination point.

Exceptional circumstance

Refers to events which by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and beyond the effective control of it.

Fares

Refers to the fares of a transport booked by the Passenger, in a booking class, for routes, flights and, if applicable, given dates

Flight by rail / sea / road

Means "combined transport" under which Air Transport and other modes of transport are sold jointly and can be carried out under different liability regimes.

Flight cancellation

When a flight originally planned did not take place, the flight is considered to be canceled. In the event of a cancellation, a replacement flight will be set up. This implies a change in the flight number or the flight plan. If the flight number is the same, then it is a delay and not a cancellation.

Flight Coupon

Designates the part of the Ticket identified as "valid for transport" or, in the case of an electronic Ticket, the Electronic Coupon indicating the precise stations between which the Passenger must be transported.

Flight Status

Determines the boarding possibilities (also visible on the ticket). • OK       seat confirmed • WT       full flight, waiting list • RQ       seat on request, neither confirmed nor refused

Force Majeure

means extraordinary and unforeseeable circumstances that are beyond the control of the party invoking it and which could not have been avoided despite all the care and attention exercised. These circumstances include situations of political unrest (war, insurrection, closure of airports, embargoes, escrow, hostilities, international unrest, government directives), climatic conditions which do not permit the airline to fly (floods, earthquakes, hurricanes, cyclones, typhoons, thick fog, severe thunderstorms, snow or ice on the runway or landing strip), risks to passenger’s safety (terrorist attacks, bomb alerts, hijackings, requisition of the plane or seats during flight on official warrant, fire or explosion, sabotage), closing of airspace, unexpected problems relating to flight safety (such as mechanical breakdowns, missing or non-functioning airport equipment for example due to breakdowns in navigation systems, in the defroster, to congestion at X-ray passages, to failure of air information systems), detour / area avoided due to illness or birth on board and / or unruly Passenger (s), epidemics, strikes which have consequences to the Carrier’s operation, including strike by air traffic controllers, decision by air traffic control concerning a given flight on a given day, resulting in a long delay or the cancellation of one or more flights.

Full applicable fare

Refers to the one-way fare, whether published specifically or derived by interpretation, for the class of service designated in the official general timetable of the aircraft or the cabin of the aircraft used by the passenger.

Ground Handling fees

Fee due to aircraft operators for the use of airport facilities and services which are provided for aircraft assistance.

Group

Refers to the minimum number of passengers specified in connection with the tariff, as provided for by the applicable tariff rules. Persons who do not reach the minimum number of passengers may not travel at group fares, even on payment of the minimum number of fares, unless a fare rule specifically allows it.

Handover point

Point de transfert Désigne tout point auquel le passager passe des services d’un transporteur à un autre service du même transporteur (portant un numéro de vol différent) ou au service d’un autre transporteur.

Hub

A city in which an airline has a major presence. Often, it is the city in which the airline was formed.

IATA or « International Air Transport Association »

Refers to the International Air Transport Association, created in April 1945 in Montreal, whose mission is to encourage the development of safe, regular and economical air transport, promote air trade and study related problems.

Identification Sheet

Means a bulletin issued by the Carrier for the sole purpose of identifying Checked Baggage and comprising a part affixed to the Baggage ("Baggage Label" or "Tag") and another delivery to the Passenger for the identification of said Baggage (" Baggage Receipt ”).

Immediate Family

means spouse, partner (civil union…), children (including adopted children), parents, step parents, brothers, half-brothers, sisters and half-sisters , grandparents, grandchildren, parents-in-law, brothers and sisters-in-law and sons and daughters-in-law, aunts, uncles, nieces, nephews.

Interline

using multiple airlines to reach the final destination. There may be a formal relationship between the carriers to facilitate baggage transfer and ticketing or it could simply be two or more unconnected companies where the traveller is responsible for luggage and connection timings

Intermediate Stopovers

Refers to the stops, with the exception of the points of origin and destination, indicated on the Ticket or mentioned on the Carrier's Schedules as stops scheduled on the Passenger's itinerary.

International Agreements (IIA and MIA) of IATA

Refers to the inter-carrier agreements relating to the liability of air carriers, signed on October 31st, 1995 in Kuala Lumpur (IIA) and on April 3rd, 1996 in Montreal (MIA), which are applicable by carriers who are members of the International Air Transport Association (see IATA) since April 1st, 1997, and which fall within the legal framework of international laws on the liability of the carrier designated under points (a) to (d) of the term "Convention" defined above.

International Flight

means, within the meaning of the Convention, any flight for which the point of departure and the point of destination and, possibly, the point of call are located in the territory of at least two States Parties to the Convention notwithstanding the calls intermediaries or changes of aircraft, or in a single State if an intermediate stopover is planned in another State whether or not it is a party to the Convention.

International Transport

Means (except where the Convention is applicable) a transport in which, in accordance with the transport contract, the place of departure and any place of landing are located in more than one state. As used in this definition, the term "state" includes the entire territory subject to its sovereignty, mandate, authority or curatorship.

Itinerary

Refers to the Carrier (s) and / or cities and / or the class of service and / or types of aircraft (jet or propeller) via which transport is provided between two points.

Landing Fees

Fee due at each landing of the aircraft used to finance the charges related to the use of the runway and taxiways. It is a function of the maximum takeoff weight stated on the certificate of airworthiness of the aircraft.

Loyalty or "Frequent Flyer " Program

Means a system allowing passengers using its lines (or those of associated companies or even hotel chains or car rentals) to accumulate "kilometers" in order to then benefit from free tickets or various advantages.

MASS or Mobility as a Service

Means an assistance service for people who find it difficult to navigate within the airport (people with reduced mobility, elderly people, disabled people) as well as children.

Modification Fees

see « Service Fees »

Negotiated or Discount Fare

Negotiated fare between travelers and companies for charter or other flights.

Noise fees

Surcharge to the landing fee depending on the noise level of the aircraft.

Non endorsable, non re-routable

a ticket which cannot be used to fly with another airline and itinerary cannot be changed.

No-show

means a Passenger who does not show up for check-in or after the Check-in Deadline

Open jaw Ticket

is a return ticket where the destination and/or the origin are not the same in both directions.

Open Ticket

a travel document without a return date, but with a fixed validity period. Overbooking or Overselling A practice adopted by airlines where more seats are confirmed on a flight than available on the aircraft based on the assumption that there will be a few no-shows.

Parking fee

Fee due for use of the aircraft parking station. It depends on the tonnage of the aircraft and the duration of its parking.

Passenger

means any person transported or to be transported by plane in possession of a valid Ticket, from the execution of the transport contract and until its completion, and this, apart from the members of the crew.

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.

Passenger fee

Fee payable by airlines for each passenger on board a commercial flight and used to finance charges related to the use of an Airport terminal.

Passenger Receipt

see « Passenger Coupon »

Passenger with Reduced Mobility

means any person whose mobility is reduced when using a means of transport due to a physical handicap (sensory or locomotor, permanent or temporary), intellectual disability, age or any other cause of disability and whose situation requires special attention and the adaptation to his needs of the services made available to all Passengers.

Penalties

means a lump sum paid by the Passenger to modify or refund his ticket if it is changeable and refundable.

Person entitled to compensation

means the Passenger or any person who can claim compensation in respect of that passenger, in accordance with applicable law.

Pets

means a pet, in the cabin or hold, travelling with a Passenger who is either the owner or an individual assuming responsibility on behalf of the owner during the journey.

Fare Component

The fare component is a specific fare for transportation between two cities together with the flights on the ticket that make up the journey between those cities. It is the most basic unit of ticket construction.

Refund Fees

see « Service Fees »

Reissue Fees

see « Service Fees »

Route

Corridor that connects one specified location to another at a specified altitude, along which an aircraft that meets the requirements of the airway may be flown.

Schedule or « Schedule indicators »

means the list of departure and arrival times for the flights, as shown in the schedule guides published by the Carrier, or under its authority, and brought to the attention of the public by electronic means.

Security Object

Refers to any object which, for safety or security reasons, cannot be transported, in accordance with the law in force.

Service Fees

means fees invoiced, where applicable, to the Passenger by the Authorised Agent, in particular in return for the issue of the Ticket (“Issue Fees”), modification (“Change Fees”), refund ("Refund Fee") or billing ("Billing Fee") of a Ticket. Their amount is fixed by the Authorised Agent. The Passenger is informed by the Authorised Agent of the amount of the applicable Service Fees before finalizing their Booking. In the case where the authorised Agent is AIRCALIN, these service fees are non-refundable.

Short Take Off and Landing (STOL)

Term for an aircraft capable of taking off and landing on very short runways.

Special Declaration of Interest or Value Declaration

means the declaration made by the Passenger when handing over the Baggage to be checked, which specifies a value that is higher than that fixed as a liability limit by the Convention, against payment of a surcharge.

Special Drawing Rights (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.

Special Price or Promo Fare

Means a discounted price set for a marketing Campaign advertised by an Airline or its Authorized agents to promote a destination.

Stand-by

Last minute boarding according to seats available on a flight

Standby Passenger

Passenger who will get on board on a flight subject to seat availability at the time of departure and only after all passengers holding a confirmed reservation for said flight have boarded. Not all flights will be available for standby.

Stopover

means the points, with the exception of the points of departure and arrival, shown on the Ticket or mentioned in the Schedules as stopovers planned on the Passenger’s itinerary. A stopover will take place when a passenger arrives at an intermediate point and his departure is not scheduled within 24 hours of his arrival.

Stopover vs Transfer

A Stopover is a break in an itinerary for the purpose of visiting the stopover location, usually on a ticket booked to visit more than one destination (multi-city itinerary) which length of stay is over 24hrs (or several days). A Transfer is an intermediate break in an itinerary that involves a technical stop (refueling, clearing customs, etc.) or a connection which duration is less than 24 hrs. It can occur on a Direct flight or a non-direct flight.

Subscription

Nominative or company subscriptions, in Economy, Premium Economy or Business Hibiscus class, on one or more lines.

Tag

see « Baggage Tag »

Tax free Fares

Refers to the Price invoiced to the Passenger, excluding Taxes and Issue Fees.

Taxes

mean fees, taxes and charges imposed by governments, an airport operator or any other authority as defined in Article 4 below.

Sales Condition

set of rules that govern the relationship between the buyer and seller of travel products.

Ticket

means a document which may be completed by a Baggage Check or an Identification Form for Checked Baggage, or by equivalent means in a dematerialized form, including electronic, that is issued or authorized by the Carrier or its Authorized Agent. The Ticket evidences the Contract of Carriage, includes the Flight Coupons, the Passenger Coupons, notices to passengers and incorporates these General Conditions of Carriage.

Ticketing Fees

service fee charged to the Passenger, by the Carrier or its Authorized Agent in return for Ticket being issued. The amount is fixed by the issuer of the Ticket (the Carrier or the Authorized Agent .

Transfer

Refers to a change from one Carrier's flight to another ; or a change from a Carrier's flight to another flight by the same Carrier with the same flight number; or a change from one Carrier's flight to another flight (which is) a service with a different flight number from the same Carrier, whether or not there is a change of aircraft.

Transit

reserved zone for passengers having to change aircraft during a stopover on a direct flight.

Travel Agency

is a private retailer or public service that provides travel and tourism-related services to the general public on behalf of tourism operators, and/ or travel suppliers.

Travel Memo (or Itinerary and Receipt)

means one or more documents that the Carrier issues to the Passenger, that confirm(s) the issue of an Electronic Ticket that bears his/her name, information on the flight and notices to Passengers.

Two way travel or return trip

Refers to any trip, the final destination of which is the point of origin, and which is the Legal Itinerary and includes a outward and a return segment. Reservations for all segments of a trip for tickets issued at round trip fares must be confirmed in the same (one) Passenger Name Record (PNR). is a flight to a destination and back to the original departure point.

UM (or « Unaccompanied Minor »)

means an unaccompanied child aged 5 to 17 (inclusive) traveling alone.

Unchecked Baggage or « Cabin Baggage »

means all Baggage, other than Checked Baggage. This Unchecked Baggage remains in the custody of the Passenger.

Valuable Items

High Value items must be carried by the Passenger to prevent any claim arising to the Carrier, as such loss / theft of these items are subject to limited compensation from the Carrier. In this event, the Passenger should ensure additional insurance cover is taken. Receipts of the valuables need to be available to present to customs if requested, and declaration must be made should the value of the item carried is greater than the authorized allowance.

WCHC (Wheelchair Cabin Seat)

designates a Passenger in a wheelchair unable to move alone.

WCHR (Wheelchair Ramp)

designates a Passenger in a wheelchair able to walk alone.

WCHS (Wheelchair Steps)

designates a Passenger in a wheelchair with the ability to walk alone but who has difficulty on stairs.

Article 2: SCOPE OF APPLICATION

1. General Provisions

(a) The conditions of carriage are the conditions to which the Passenger Ticket refers.

Subject to the provisions of Paragraphs 2 to 4 below, these General Conditions of Carriage apply to all flights, or portions of a flights, for which an AIRCALIN Designator Code appears on the Ticket or on the corresponding Coupon.

 

(b) These General Conditions of Carriage also apply to free or reduced-fare carriage, except as otherwise provided for in the Contract of Carriage or in any other contractual document that links Aircalin to the Passenger.

 

(c) These General Conditions of Carriage have been drawn up in accordance to the Montreal Convention of 28 May 1999 and the law in force.

 

(d) These Conditions apply to all transportation provided by the Carrier as a matter of contract. However, if these Conditions of Carriage are inconsistent with any tariffs or laws, then such tariffs or laws will apply.

 

(e) All carriage is subject to the General Conditions of Carriage and the Carrier's fare regulations in force at the time of the Passenger's Booking. The Carrier may modify these conditions at its convenience, it is therefore up to the Passenger’s responsibility to consult them regularly and before departure.
 

(f) These General Conditions of Carriage are available from AIRCALIN or its Authorized Agents and are accessible on the AIRCALIN Website.

 

2. Charter

If Carriage is performed pursuant to a charter agreement, these conditions apply ONLY if they have been incorporated in the agreement with the charterer or the charter ticket.

3. Code Share

a) On some services Carriers have arrangements with other airlines known as code shares. This means that even if you have a reservation with us and hold a Ticket showing the “SB” Airline Designator Code for one or more flights, another airline may operate the aircraft.

 

(b) If such code share arrangements apply, Carrier will advise the Passenger of the carrier operating the aircraft at the time the Passenger makes a reservation or at time of check-in. 

 

(c) In any event, the applicable General Conditions of Sale are those of the Company selling the Ticket and the applicable General Conditions of Carriage are those of the operating carrier or Actual Carrier.

 

For any such code share flights operated by another airline, these Conditions of Carriage will apply except that the conditions of carriage of the operating carrier will apply to all operational and procedural aspects of the flight and may vary from AIRCALIN Conditions of Carriage for flights operated by AIRCALIN. Those terms and conditions, which are found in the partner’s contract of carriage, are incorporated into these Conditions which becomes part of the Conditions of Carriage and therefore part of the contractual agreement.

 

It is recommended that to consult the Conditions of Carriage as part of the code share agreement with the result that for example, provisions relating to baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights may differ from these Conditions of Carriage.

 

Information on AIRCALIN code-share partners is available on their own website.

 

4. Overriding Laws

These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law or where our Tariffs prevail, the other provisions shall nevertheless remain valid, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail.

5. Conditions Prevail Over

If these Conditions of Carriage are inconsistent with any of our Regulations, these Conditions of Carriage will apply. If part of one of our Regulations becomes invalid in this way, the other parts of our Regulations will still apply.

6. French Language text prevails

These Conditions of Carriage are reproduced in several languages. If there is any inconsistency between the French text and the English text, the French text will apply unless applicable local law requires otherwise.

Article 3: Tickets

1. General provisions

  1. The Ticket constitutes evidence, until proven to the contrary, the existence of the conclusion and content of a Contract of Carriage between the Carrier and the Passenger whose name is shown on the Ticket.

 

  1. The Carriage service is only provided to the Passenger(s) named on the Ticket. The Carrier reserves the right to check the identity documents of these Passengers. Passengers must therefore be able to provide the Carrier with proof of their identity, as well as the identity of those for whom they are responsible, at any time during their journey.

 

  1. In the event of a spelling error made by the Passenger on the first or last name of the Passenger or of an accompanying person at time of Reservation, correction may be made by the Carrier to match the valid passport and will be subject to the applicable Service Fees.

 

  1. A Ticket may not be transferred, subject to the applicable regulations in force, in particular relating to package holidays. If a person other than the person who is to travel presents a Ticket for carriage or refund purposes, the Carrier shall not assume any liability if, while acting in good faith, it carries or refunds the person who presents the Ticket.

 

  1. Some Tickets are sold at specific rates which may be partially or completely non-refundable. It is the Passenger’s responsibility, when making their Booking, to check the conditions applicable to the use of their Ticket and, where necessary, to take out the appropriate insurance to cover the circumstances under which they might have to cancel or modify their travel.

 

  1. As the Ticket is subject to mandatory formal conditions, the Ticket shall at all times remain the property of the issuing Carrier.

 

  1. With the exception of Electronic Tickets, Passengers may only be carried if they are able to present a valid Ticket and containing the flight coupon for that flight. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its authorized Agent. For Electronic Tickets, Passengers must provide proof of identity and shall only be carried on a flight if a valid Electronic Ticket has been issued in their name.

 

  1. In case of loss or mutilation of a ticket, or part thereof, or non- presentation of a ticket containing the passenger coupon and all unused flight coupons, the issuing Carrier may at the passenger’s request and subject to Carrier’s Regulations, replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued. This payment will be refunded when the Carrier has proof that the lost or damaged Ticket has not been used during its validity period or, if the Passenger gives it to the Carrier, during this same validity period, the Ticket he would have found.

 

  1. It is the Passenger’s responsibility to take all measures to ensure that the Ticket is not lost or stolen. If the Passenger benefits from a tariff reduction or from a Tariff subject to specific conditions, he must be able, at any time during his journey, to provide the attendants or agents of the Carrier with the required supporting documents justifying the allocation of this specific If a Passenger benefits from a fare reduction or a Fare that is subject to specific conditions, the Passenger must be able, at all times during their journey, to provide the Carrier's officials or agents with appropriate supporting documents justifying the granting of this specific Fare, and to prove the validity thereof. Failing this, a fare readjustment, equating to the difference between the Gross Fare initially paid and the Gross Fare that the Passenger should have paid, will be made or the Passenger may not be allowed to board the aircraft.

2. Period of validity

Unless otherwise provided for on the Ticket or in these General Conditions of Carriage, and except for Fares that affect the validity period of a Ticket, as stated to the Passenger when buying the Ticket or on the Ticket itself, a Ticket is valid for carriage:

  • for one year, from the date of issue thereof, or
  • for one year, from the date of use of the first Coupon, if such use occurs within one year of the date on which the Ticket is issued.
  1. When a Passenger is in possession of a valid Ticket and is prevented from travelling within the period of validity of the Ticket because the Carrier is not in a position to confirm a reservation requested by the Passenger:
  • either the validity of the Ticket shall be extended,
  • or the Gross Fare for the Ticket will be refunded, under the conditions provided for in Article 12 below, even in the event that the Ticket is non refundable,
  • or the Passenger will accept a corresponding fare readjustment.

3. Sequence of Flight Coupon use

  1. All the flight sectors in a Passenger’s Ticket must be used in sequence from the initial place of departure as shown on the Ticket.

 

  1. If a Passenger fail to check-in prior to closing of check-in of a flight, the Carrier may cancel the Ticket. Nevertheless, the Passenger may continue to benefit from the return flight on the following conditions :  - give notification to the Carrier up to the date of departure of the first flight  - accept and pay the new fare and associated fees if your Ticket is subject to restrictions.

 

  1. The Fare established on the basis of the details, flight dates and routes mentioned on the Ticket corresponds to a departure and an arrival point, via any Stopover scheduled when the Ticket was purchased, and forms an integral part of the Contract of Carriage.

 

  1. Each Flight Coupon will be accepted for carriage in the class of service specified therein on the date and flight for which space has been reserved.

 

  1. Unless a Fare is specific to certain conditions, amendment that the Passenger wishes to make to his travel are subject to the fare conditions attached to the Ticket and subsequently to payment of additional cost and of any applicable Fees. If the revised fare for the change is not suitable and we will give the choice of accepting and paying the new fare or keeping the carriage recorded on the Ticket.

 

  1. In the event that a Passenger interrupts his journey and does not fully use his Flight coupon, he may occur additional charges to collect his Checked Baggage. The rates charged will be available from the Carrier upon request or at the latest at time of its collection.

 

  1. In the event that the Passenger does not adhere to the carriage recorded on the Ticket (including non use of the first flight sector or use of Flight Coupons out of sequence), additional charges shall be collected at the airport as follow:  -12,500 XPF for short-haul flights (regardless of booking class)  -25,000 XPF for medium to long-haul flights booked in Economy   -50,000 XPF for medium to long-haul flights booked in Premium Economy & Business Hibiscus  -50,000 XPF for long-haul flights booked in Economy & Premium Economy  -150,000 XPF for long-haul flights booked in Business Hibiscus  Charges above may vary and shall be calculated in the local currency of the Airport of departure.

 

  1. The changes (timetables, starting point or destination of the trip, dates, booking classes, etc.) that the Passenger wishes to make are subject to the tariff conditions assigned to their Ticket and to the payment of the applicable Service Fees.

4. Changes at the passenger's request

  1. At Passenger request a reservation may be changed, they must contact the person who sold the Ticket, either the Carrier or Authorized agent.

 

  1. Any change in all or part of his trip (timetables, starting point or destination of the trip, dates, booking classes, etc.) by the Passenger may result in modifying the Tariff paid initially by the Passenger. Indeed, many Tariffs are only valid on the dates and only for the flights indicated on the Ticket.

 

Should the Passenger wish to change any aspect of the Ticket held, it may result in reassessing the fare collected on the Ticket. Special fares may only be applicable on selected flights which may be reflected on the original document. The Passenger may have to pay any fare difference from price paid for original carriage and the total fare applicable to the revised carriage, additional service/reissue fees shall be collected in accordance to the fare conditions.

5. Exceptional circumstances

  1. If, after having started their journey, a Passenger is prevented, for health reasons, from continuing their journey during the validity period of the Ticket, the Carrier may extend the validity of the Ticket until the date on which the Passenger is once again in a position to travel or until the date of the first available flight, upon presentation of an appropriate medical certificate stating the health reasons that prevented the Passenger from continuing their journey and provided these health reasons were not known when the Booking was made. Said extension shall only start at the point at which the journey was interrupted and shall be valid for carriage in the class of the Fare initially paid. If the unused Flight Coupons contain one or more agreed stopping places, the validity of the Ticket may be extended by three months at the most, from the date shown on the medical certificate submitted. In the same way, AIRCALIN may, on request, extend the validity of Tickets for immediate family members accompanying the Passenger, subject to compliance with the conditions of proof specified above.

 

  1. In the event of the death of a Passenger during a journey, the Tickets of the persons who are accompanying the deceased Passenger may be changed, either by waiving any minimum stay requirements or by extending the validity period of said Tickets. Any change mentioned above may only be made after receipt of a valid death certificate. The extension mentioned above shall only start at the point at which the journey was interrupted and shall be valid for carriage in the class of the Gross Fare paid. Any extension may not exceed forty-five (45) days from the date of death.

 

  1. The Passenger may request a credit, a refund or a change to their reservation based on Compassionate Grounds. A copy of any supporting documents must be addressed by mail to the Carrier. The outcome of such a request shall remain at the sole discretion of the Carrier.

 

AIRCALIN recommends that Passengers take out adequate travel insurance to cover themselves against such circumstances.

6. Carrier identification

The Carrier's identification may be shown as an abbreviation on the Ticket, using its Designator Code “SB” (as defined in Article 1). The Carrier’s address is deemed to be that of its registered office or principal place of business.

Article 4: fares, TAXES, fees & charges

1. Fares

Fares apply only for carriage by air from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports, between airports and town terminals or any other transport or services, or accommodation in order to connect to another flight the following day. The Fare shall be calculated in accordance with the Fares in force on the Ticket Booking date, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may have an impact on the applicable Fare. Fares apply only to routings published in connection therewith. If there is more than one routing at the same Fare, the Passenger may specify the routing prior to issue of the Ticket. If no routing is specified, Carrier may determine the routing.

 

The applicable Fares are those published by the Carrier or calculated thereby, in accordance with the fare regulations in force for the stated flight(s) from the departure point to the arrival point, for a given class of carriage, in effect on the date of the Ticket purchase.

 

At time of reservation, the Passenger shall be informed of the Fare for the Ticket and the Issue Fees as well as the overall Fare for the Ticket (comprising the Fare, taxes and fees). Unless otherwise provided in these Conditions and/or Carrier's Regulations, the Fare on the Ticket applies only for travel on the specific dates and itinerary shown on it.

2. Fees, taxes and charges

All fees, taxes or charges imposed by governments, by any other authorities or by the airport operator shall be paid by the Passenger. The taxes, fees and charges imposed on air travel are outside our control and are constantly changing and can be imposed or increased after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, the Passenger will be obliged to pay it before carriage. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, the Passenger will be obliged to pay it before carriage. Similarly, in the event any taxes, fees or charges which the Passenger has paid the Carrier at the time of Ticket issuance are abolished or reduced such that they no longer apply, or a lesser amount is due, the Passenger will be entitled to claim a refund of that amount.

 

Should the Passenger not travel on a flight for which they have a confirmed Booking, the Passenger will benefit from a refund of said taxes, airport charges and other fees, payment of which is connected to actual boarding of the Passenger in accordance with the applicable regulations. Fuel surcharges may only be claimed back for refundable tickets by completing the form available here.

3. Service & Issue Fees Charged by the

The Passenger may be charged Service & Issue Fees by AIRCALIN in consideration to reservations made directly with AIRCALIN via its distribution channel (website/call center/Ticket Office…). The charges may differ depending on the type of journey, the Fare and the Ticket distribution channel and will be added to the Fare component. The service and issue fees charged by the Carrier, where applicable, are non-refundable, except where a Ticket is cancelled due to an error on the part of the Carrier.

 

The Passenger shall be informed of the amount charged by AIRCALIN prior to finalizing the reservation. The charges details are available from AIRCALIN and on its Website.

4. Additional Charges

Other Fees may be charged for optional services (Ancillary services..) which is not included in the Fare purchased. A separate payment will be requested in addition to the Ticket cost.

5. Fuel Surcharge

The Carrier may apply a Fuel surcharge as defined in its Condition of Carriage. In such cases, the Passenger shall be required to pay the Carrier, all such charges at time of Ticket issuance. The Fuel surcharge may vary and is subject to change, in the event of a change on the Ticket issued, the Passenger may have to pay the difference should an increase occur or subsequently be refunded if the surcharge is reduced.

6. Currency

Fares, taxes, fees, charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by the Carrier or its Authorized Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). The Carrier may at its discretion, accept payment in another currency.

When payment is made in a currency other than the currency in which the Fare is published, such payment will be made at the rate of exchange established in accordance with these Conditions and/or Carrier’s Regulations.

Article 5: Reservations

1. Reservation Requirements

  1. Reservations are not confirmed until recorded as accepted by Carrier or its Authorized Agent. Upon request the Carrier or the Authorized Agent may provide a written confirmation of the reservation(s).
  2. As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.

 

1.1 Online Reservations

 

AIRCALIN provides an online booking tool available on the website www.aircalin.com. Reservations can be made for up to nine (9) passengers in one transaction and any children booked must over 2 years of age at time of travel. Some services for example the carriage of unaccompanied minors (UM) is subject to special conditions, and therefore cannot be booked online. For more information, please contact our Call Centre or any AIRCALIN Ticket Offices. Once reservation is confirmed, payment will be required immediately.

 

1.2 Other Reservation Methods

 

Reservation’s request can be made via any AIRCALIN Ticket Office or by contacting AIRCALIN’s call centre. Information regarding opening hours, address and phone numbers are available from AIRCALIN’s website under the “Contact Us” section. The Carrier cannot guarantee fare quoted at time of reservation, unless full payment is received. Fare shall be guaranteed once full payment is made and ticket has been issued.

2. Deadline for issuing the Ticket

If a passenger has not paid for the ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit, Carrier may cancel the reservation and the seat allocated to another Passenger, without any liability on the part of the Carrier.

3. Seat Allocation

  1. General

Seats can be booked online and depending on the fare conditions applicable to your reservation, seat selection shall be considered as an optional service and additional cost may be charged.

Passengers who have pre-selected their seats or purchased specific seats are advised that such pre-selected or purchased seats are not guaranteed and may not be available in some cases, and AIRCALIN reserves the right to allocate another seat to the passenger, within the same cabin, in lieu of the seat pre-selected or purchased by the passenger earlier. The Carrier will endeavor to honor advance seating requests. However, Carrier cannot guarantee any particular seat. Carrier reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons or force majeure.

 

  1. Corpulent Passengers

AIRCALIN offers the possibility of purchasing a second seat, should passengers be unable to fit comfortably into one. The information of seats dimension is available from AIRCALIN’s website or Authorized Agents. The cost applied for such a request follows the International Air Transport Association (IATA) guidelines, whereby the Passenger wishes out of necessity occupy an adjacent seat.

The charge of the Extra seat is based on a Child fare excluding airport taxes, in the class determined by the Carrier. The option of two adjacent seats may be restricted due to availability and aircraft configuration.

The Passenger may benefit from this option only on flights operated by the Carrier. It is not open on flights in Code Share. When the tickets have been marketed by a different Air Carrier, it is strongly recommended that the Passenger inquire about the commercial policy of the de facto Carrier or the tour operator, who alone is able to decide on the free or expensive second seat. The allocation of a second seat in the case of a passenger with a large body size is neither an automatic option offered to the Passenger nor an obligation of the Carrier. The purchase of a second seat at a reduced price does not allow Passengers to benefit from an additional baggage allowance.

The Passenger can also reserve a seat in a higher class of transport. In the event, the Passenger's security obligation may result in denied boarding due to the unavailability of a second seat and if the size of the Passenger does not allow him to sit in a single seat.

The Passenger will then be offered, at no cost, re-routing on the next flight with available seats. However, the Carrier will not bear the various costs relating to the flight modification (catering, taxi, etc.) and will not be subject to any claim for compensation from the Passenger.

4. Cancellation of Onward Reservations

If the Passenger fails to check in for a flight, the Carrier may cancel his reservation, unless the Passenger has informed the Carrier in advance and is in compliance with its fare conditions (see article 3.3.b).

5. Service charge when space not occupied.

A service charge, in accordance with these Conditions and/or Carrier's Regulations, may be payable by a Passenger who for any reason whatsoever fails to use space for which a reservation has been made or to cancel the reservation within the cancellation time limit prescribed in these Conditions and/or Carrier's Regulations.

6. Aircraft

The type of aircraft indicated to the Passenger at the time of Ticket Reservation or subsequently is given for their information purposes only. Imperatives related to safety and security, reasons beyond the control of the Carrier or operating constraints may lead the Carrier to modify the type of aircraft without any liability on its part.

7. Ancillary Services

The Carrier may offer Passengers Ancillary products according to the fare purchase at time of reservation. The terms and conditions that govern this service are available on the Carrier’s website.

Upon acceptance of these ancillary products, the Passenger enters a binding contract to agree with its term and conditions, available from the Carrier’s website..

The Carrier shall not be liable, if for reasons beyond their control (security, safety, or/and operational reasons…), the Carrier is unable to provide the ancillary products confirmed at time of reservation.

Article 6: Personal data

  1. The passenger recognizes that personal data has been given to Carrier or Authorized agent for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. All data collected through the Carrier is processed in accordance with legislation n ° 78 - 7 of January 6, 1978 and the terms laid out in the revised version of the French Data Protection Act of August 6, 2004, and the General Data Protection Act (EU regulation 2016/679) or "GDPR".
  2. AIRCALIN is committed to ensuring that your Personal data is protected as set in the Confidentiality Policy. This privacy policy explains how we use the information we collect about you, by outlining the use of that information and procedures that we have in place to safeguard your privacy.
  3. Passengers have the right to view, change, delete, or contest any data pertaining to them, as well as to limit, the transmission of your personal data if deemed incomplete.
  4. Personal data is primarily used to enable the Passenger to book and purchase tickets and for the Carrier to provide specific services: transportation, market research, creating customer loyalty, activities, sales information, satisfaction surveys, organizing competitions, new products and services designed to improve customer experience in the airport or during a flight, statistical surveys, recruitment, customer service, handling customer requests and/or complaints, but also to ensure flight safety and security and to combat fraud.
  5. Any incident that occurs during the fulfillment of the transport contract and liable to compromise the safety or security of a flight may be recorded and kept on file, be subject to a filed complaint, and result in a travel ban on flights provided by AIRCALIN for a duration that will be determined according to the severity of the incident, and in accordance to the law. Should the processing of the incident is subject to an investigation or result in a ban to fly, the Passenger has 15 days to present his case to the Carrier. The Passenger authorizes the Carrier to hold data pertinent to special request (special meals, seating, medical assistance…) in accordance to Article 8 “IT & Freedom” Laws. These Personal data will only be used to assist in providing the Passenger with the specific service required in the future.
  6. For these purposes mentioned above, the passenger authorizes the Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located. The passenger authorizes the release of personal information when required by government authorities.
  7. AIRCALIN, as well as any other airline, may be required to communicate personal data to authorized local authorities (customs, immigration, police, etc.) both in France and overseas. For example, this may be necessary in order to complete required immigration formalities and to prevent and combat terrorism and other serious crimes. Some of the parties mentioned above may be located outside the European Union and have access to all or some of the personal data collected by AIRCALIN (name, passport number, trip details, etc.) in order to fulfill the transport contract or comply with specific legal requirements. Data transfers carried out outside the European Union are in accordance with the conditions defined in article 68 of the IT & Freedom law.
  8. As outlined in the French “IT security and freedoms” law of January 6, 1978 revised by that of August 6, 2004 and the General Regulation on Data Protection (EU Regulation 2016/679) or “GDPR” , you have the right to view, change, delete, or contest any data pertaining to you, as well as to limit, withdraw and refuse the transmission of your personal data. Requests to exercise this right must be addressed to: dpo@aircalin.nc.
  9. In accordance to the law in place, the Carrier reserves the right to use Personal data for the purpose and under conditions set in Article 6.
  10. The Passenger has the right to refuse for data to be collected for marketing purposes. When required by law, personal data will only be used for online marketing once your express consent has been obtained.
  11. The provision of certain services is dependent upon the collection of personal data (reservation, special meals, medical assistance, etc.). The Passenger can exercise the right to oppose the use of this personal data, and therefore may not be able to benefit from these services as a result, in which case the Carrier shall not be held liable for such decision.
  12. Failure to provide data or providing incorrect data from Authorized Agent which may result in the Passenger being stopped from boarding or refused entry into a foreign country (upon decision by customs authorities, for example), in which case AIRCALIN cannot be held responsible.
ARTICLE 7: PAYMENT

1. Method of Payment

AIRCALIN offers a range of payment methods such as Credit cards, Cheques or Cash. Certain payment methods are subject to special conditions.

All major credit cards are accepted except for Diners cards.

Certain payment methods are subject to special conditions as follow:

-Payment by cheque can only be accepted if the departure date is within 7 working days.

-Cash payment can be accepted in accordance to the limits of the regulations and legal provisions in force in France (Decree n ° 2015-741 of 24 June 2015 taken for the application of article L. 112-6 of the relative monetary and financial code prohibition of the payment in cash of certain claims).

-Online payment can only be made using credit cards, data transferred online such as credit card are encrypted using the strictest security protocol.

2. Remote Payments by Credit Card (online, mobile or phone)

The Carrier reserves the rights to conduct legitimate checks on any remote payments as it sees fit. The Carrier reserves the rights to cancel Reservations and Tickets as outlined below:

-In the event of failure to provide supporting documents relating to the payment.

-Proof of fraudulent activities linked to the credit card used.

-Failure to contact the buyer within 48hrs of reservation being made.

ARTICLE 8: SPECIAL ASSISTANCE

  1. The carriage of unaccompanied children, Passengers with Reduced Mobility and persons with illnesses or any other person who requires special assistance may be subject to special conditions. It is the Passenger responsibility to inform the Carrier of their disability or of any need for special assistance at time of reservation. Should a request for special assistance be made following the Reservation or, in accordance with the applicable regulations, less than 48 hours prior to departure, the Carrier shall make every possible effort to fulfil the request pursuant to the applicable regulations, taking into account the time frame and the specific nature of the assistance requested. The special conditions relating to the carriage of people as outlined in this Article 8.1 are available on request from the Carrier and its Authorised Agents, and on the AIRCALIN Website.
  2. If a Passenger requires a special meal, they must enquire as to the availability thereof when making the Reservation (or changing a Reservation) or within the time limits published by the Carrier. Otherwise, the Carrier cannot guarantee the presence of said special meal on board the flight in question.
  3. If a Passenger has a medical history or a specific medical condition, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions for their flight to take place without incident.
ARTICLE 9: CHECK-IN and boarding

1. Check-in Deadlines

  1. Online Check-in

Online check-in is possible for most of the network, whereby the Passenger is able to complete their check-in online and print a boarding pass, up to 2 hours prior to departure of a reserved flight. Upon arrival at the Airport, the Passenger can proceed directly to security check.

 

The Passenger is required to be at the boarding gate no later than 40 mins before the schedule departure of the flight.

 

In the event, the Passenger is delayed, fail to present all the documents allowing them to be checked-in and therefore be unable to travel, the Carrier reserves the rights to refuse the carriage. The Carrier may not be held liable in any way, in particular for any loss, damage or disbursement, if a Passenger has not complied with the conditions of this article.

 

The carrier reserves the right to turn off the online check-in option at any time. Should the option be disabled, the Passenger must check-in at the Airport in accordance with article 8.1 (a) of these general conditions.

 

Online check-in is only available for flights operated and ticketed by AIRCALIN. For any code-share flights, online check-in capabilities must be referred back to the operating carrier.

 

Passenger who check-in online are allowed 1 carry-on, should they decide to add baggage to the hold, they must deposit at the baggage drop off counter before check-in counter closure and before proceeding to the security checks.

 

Passengers are required, under their own responsibility, to be aware of the Baggage regulations available on the Carrier’s website and in General Conditions of Carriage, without any liability held against the Carrier.

 

  1. Airport check-in

Check-In Deadlines (CID) vary from one airport to another. Passengers must comply with Check-In Deadlines, in order to facilitate their journey and avoid the cancellation of their Reservation. The Carrier or its Authorized Agent shall provide Passengers with all requisite information on the Check-In Deadline for their first flight with the Carrier. If the Passenger’s journey includes subsequent flights, it is the Passenger’s responsibility to check they are in possession of all the information relating to Check-in Deadlines for these flights. The passenger shall arrive at Carrier’s check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures. If the passenger fails to arrive in time at Carrier’s check-in location or boarding gate or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for the passenger. The Carrier is not liable to the passenger for failure to comply with the provisions of this Article.

2. Check in Requirements

  1. Check-in at the Airport

Passengers are required, under their own responsibility, to procure all the specific documents including proof of identity, visas and permits necessary to check-in.

 

  1. Online check-in

At security check, Passengers are required to present their printed boarding pass and any documents required, including proof of identity as stated by the applicable regulations (laws, regulations, decisions, requirements and provisions) in the departure, arrival and transit States.

3. No Show

In the event of the Passenger failure to check in for a flight, the conditions set in Article 3.3 apply.

4. Boarding

Passengers must be present at the boarding gate prior to the boarding time specified at check-in. The Carrier may cancel a Passenger’s Reservation if the Passenger is not present at the boarding gate at the latest by the boarding time specified to the Passenger and as indicated in Article 9.1, without any liability to the Passenger.

5. Carrier's liability

The Carrier may not be held liable in any way, in particular for any loss, damage or disbursement, if a Passenger has not complied with the conditions of this article.

ARTICLE 10: REFUSAL & LIMITATION OF CARRIAGE

Rights to refuse carriage

The Carrier may refuse to transport Passengers and their Baggage at any boarding and/or connection point, if one or more of the following cases has occurred or is likely to occur:

  1. The carriage of the Passenger and/or of their Baggage may endanger security, health, hygiene or good order on board the aircraft, in particular if the Passenger uses intimidation, behaved in a threatening, abusive, insulting or disorderly way towards the crew and/ or ground staff or other passengers.
  2. The Passenger has compromised security, order and/or discipline when checking in for the flight or, for connecting flights, during a previous flight and the Carrier has reason to believe that such conduct may be repeated.
  3. The Carrier has notified the Passenger in writing that he will not be able to transport it again or his inclusion on the list of persons who are prohibited from boarding the Carrier's aircraft for journeys subsequent to any point on the network. In such a case, a refund of the unused Ticket may be granted.
  4. The Passenger has refused to undergo the security checks and/or has refused to provide proof of his identity.
  5. The Passenger is not in a position to prove that they are the person referred to in the box “Passenger name” box on the Ticket.
  6. The Passenger (or the person who paid for the Ticket) has not paid the Fare Including Tax in force and/or the applicable Issue Fees and/or Taxes.
  7. The Passenger does not appear to be in possession of valid travel documents, may seek or has sought to illegally 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: identity theft, forgery or counterfeiting of documents).
  8. The Ticket presented by the Passenger:
    • was acquired unlawfully or purchased from an organisation other than the Carrier or its Authorised Agent, or
    • has been reported as stolen or lost document, or
    • has been forged or appears to be counterfeited, fraudulent or otherwise suspicious, or
    • has a Flight Coupon that has been damaged or modified by someone other than the Carrier or its Authorised Agent.
  9. When checking in or boarding, the Passenger requires special assistance that was not requested when the travel Reservation was made, or in accordance with the applicable regulations
  10. The Passenger has not complied with the instructions and regulations relating to security, safety and/or health. The Passenger has not observed the instructions and regulations concerning safety or security.
  11. The Passenger did not want to submit to examination and health control required by AIRCALIN, any administrative authority or any other authority empowered for this purpose.
  12. The Passenger has not adhere to the check-in and / or boarding deadline.
  13. The Passenger has not complied with the Carrier's Cabin Baggage policy.
  14. The Passenger has not complied with the Carrier's Checked Baggage policy.
  15. The Passenger refuses to pay an additional fare and/or the Service Fees and/or Excess baggage fees due to the Carrier.
  16. A Passenger benefitting from a fare reduction or a Fare that is subject to specific conditions is unable to provide the supporting documents required for the allocation of this specific Fare and refuses to pay the fare readjustment defined in Article 3.1.
  17. The Passenger does not comply with the provisions of article 15, whether the Passenger's behavior has been observed before boarding or before take-off.
  18. When boarding or on board the aircraft, the Passenger fails to observe safety, security or passenger comfort instructions concerning, for example, seating, storage of Unchecked Baggage, smoking, consumption of alcohol, use of drugs, dress, or use of electronic equipment (for example, mobile/cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices);
  19. The passenger does not respect the regulatory obligation to wear a surgical mask which is mandatory for passengers of more than eleven years old, on AIRCALIN each and any international flight from boarding, during the whole duration of the flight and while disembarking. Masks can only be removed during meal times.

 

If AIRCALIN or one of its airline partners (code share/interline, charter) have previously refused carriage for reasons relating to the above, any claims or compensation will be denied.

 

In the cases provided for in (h), (i), and (l) above, the Carrier reserves the right not to refund the Ticket concerned.

Article 11: Baggage

1. Passenger’s Obligations

  1. Passengers declare that they are fully aware of the content of all of their Baggage.
  2. Passengers undertake not to leave their Baggage unattended from the moment they pack it and not to accept items from another Passenger or from any other person.
  3. Passengers undertake not to travel with Baggage entrusted to them by a third party.
  4. Passengers are advised not to include perishable or fragile items in their Baggage. If however the Passenger includes such items or objects in their Baggage, they must ensure that that these are properly and securely packed and protected in suitable containers in order not to damage these items and objects as well as Baggage belonging to other Passengers’ Baggage or the Carrier’s aircraft.

2. Prohibited Items

Passengers shall not include in their Baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force in any departure, arrival or transit State or State over which the aircraft flies, including in particular:

  1. 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 (additional information is available upon request from the Carrier); these items include, in particular, explosives, pressurized gas, oxidizing, radioactive or magnetized substances, inflammable substances, toxic or corrosive substances and liquid substances of any kind (except for liquids contained in carry-on bags and intended for personal use by Passengers during their journey).
  2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
  3. Items which in the reasonable opinion of the Carrier are unsuitable for Carriage because of the weight, dimensions, unpleasant odour, configuration or fragile or perishable nature, make them unsuitable for Carriage, in particular in light of the type of aircraft used. Information on these items shall be provided to Passengers, upon request;
  4. 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 and 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
  5. Cutting weapons, stabbing weapons and aerosols that may be used as attack or defense weapons ;
  6. Antique weapons, replica of weapons, swords, knives and other weapons of this type. This type of weapon may not be transported in the cabin under any circumstances. They may nevertheless be contained as cargo or Checked Baggage, subject to acceptance by the Carrier.

The carrier shall not bear any responsibility for any damage caused to such items resulting from the nature or inherent defect of the baggage, or from a fault of the Passenger.

3. Right to refuse carriage of Baggage

  1. The Carrier may, for security and/ or safety reasons, refuse to carry or continue to carry a Passenger’s Baggage if it contains any of the items listed in paragraph 2 above, on discovery thereof. The Carrier has no obligation to take custody of refused Baggage and/or items.
  2. The carrier may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, appearance, content or character, or for safety or operational reasons, or in the interests of the comfort of other passengers. Information about unacceptable items is available upon request.
  3. The Carrier may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
  4. The Carrier may refuse to carry Baggage for which the Passenger has refused to pay the surcharge as defined in paragraph 11.5.2 or which do not correspond to the Carrier's Baggage policy (due to their weight or quantity) . The Carrier has no obligation to take custody of refused Baggage or items.
  5. The Carrier may refuse to carry in the hold Baggage that has not been handed over by the Passenger to the Carrier prior to the Check-in Deadline under the conditions defined in paragraph 1 (a), article 9. The Carrier has no obligation to take custody of refused Baggage or items.

4. Right of Search

For security/safety reasons, and/or on the request of the authorities, the Passenger may be asked to undergo for themselves and/or their Baggage, a search or any type of scan (using X-rays or another technique). If a Passenger is not available, their Baggage may be scanned or opened and manually checked in their absence, with a view to checking, in particular, whether it contains the items referred to in paragraph 2 above. If a Passenger refuses to comply with such requests, the Carrier may deny them and their Baggage carriage. If said scans damage the Baggage and the contents thereof or cause Damage, the Carrier shall not be liable.

5. Checked baggage

5.1 General Provisions

 

  1. The Passenger must hand over Baggage at the Carrier’s check-in counter or at the self service drop off point, where applicable for the purpose of checking in prior to the Check-in Deadline.
  2. Checked Baggage must be able to withstand normal handling and protect its content.
  3. As soon as Passengers have handed over their Baggage at check-in, under the aforementioned conditions, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each item that of Checked Baggage.
  4. The Passenger must affix his name and any contact data to his Checked Baggage.
  5. Carrier will try, as much as reasonable possible, to arrange that Checked Baggage is carried on the same aircraft as the Passenger. Amongst others, for operating or security/safety reasons, the Checked Baggage may be carried on another flight. In this case, the Carrier will deliver the Baggage to the Passenger, unless the applicable regulations require the Passenger to be present for a customs inspection.
  6. Passengers are advised not to put in their Baggage currency, jewelry, works of art, precious metals, silverware, securities, or other valuables, optical or photographic equipment, computers, electronic and/ or telecommunication equipment or devices, musical instruments, passports and identity documents, keys, business documents, manuscripts or deeds, whether individualized or fungible etc. In this respect, it is specified that in the event of destruction, loss or damage of Checked Baggage, the Carrier will only be liable to the extent defined by the Convention and Article 14 of these General Conditions of Carriage.
  7. Subject to applicable regulations, Passengers are advised not to carry any medication in their Checked Baggage.

5.2 Baggage allowance

 

  1. Where applicable according to fare conditions the Baggage Allowance corresponds to carriage in the hold of a quantity of Baggage per Passenger limited in number and/or weight and/or dimensions, determined on the basis of the destination and the Fare paid and appearing on the Ticket. The Baggage Allowance may vary by travel destination, and must meet the criteria specified in Carrier’s Regulations (weight, piece concept, size….). Passengers are not permitted to exceed the maximum weight. The conditions are available from the Carrier and its Authorized Agents and on the AIRCALIN Website.
  2. Passengers may travel with Checked Baggage that exceeds the Baggage Allowance, subject to payment of a surcharge. The conditions relating to this surcharge are available from the Carrier and its Authorized Agents and on the AIRCALIN Website.

5.3 Special declaration of interest or declaration of value

 

  1. For all Checked Baggage with a value that exceeds the liability limits in the event of destruction, loss, damage or delay, as defined by the Convention, Passengers can either purchase insurance coverage prior to the journey or, when handing over the Baggage to the Carrier, make a Special Declaration of Interest limited to a certain amount. In this case, a surcharge made known upon request, must be paid by the Passenger. Compensation will be paid in accordance with the provisions of Article 19.
  2. The Carrier reserves the right to verify the adequacy of the value declared with the value of the Baggage and the contents thereof.
  3. All Special Declarations of Interest must be made by the Passenger to the Carrier prior to the Check-in Deadline. The Carrier may refuse any Special Declaration of Interest if a Passenger does not comply with the afore mentioned time limit. The Carrier also 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.
  4. All the relevant information regarding this Special Declaration of Interest and surcharge specified in point 5.3 (c) above can be obtained from the Carrier.

5.4 Collection and delivery of Baggage

 

  1. Subject to the provisions of paragraph 5.1, it is the responsibility of Passengers to collect their Checked Baggage as soon as made available to them at the Place of Destination or Stopover. If a Passenger does not collect Baggage within (1) months from the Baggage being made available to them, the Carrier may dispose of said Baggage, without being liable to the Passenger in any way. In order to comply with some country regulations, unclaimed Baggage will be handed over to local authorities or disposed of.
  2. Only the bearer of the Baggage Check is authorized to collect Checked Baggage.
  3. If a person claiming Baggage is not in a position to produce the Baggage Check, 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. The Carrier shall not be liable in any way.
  4. In the event of damage, the person entitled to delivery must complain to the Carrier forth with after the discovery of the damage, and, at the latest, within 7 days from the date of receipt in the case of Checked Baggage. In the event of delay, the complaint must be made at the latest within 21 days from the date on which the Baggage has been placed at his/her disposal. Every complaint must be made in writing and must be provided with supporting documents to the claim within the times aforesaid:
    • By addressing a letter to : Customer Service - 8, rue Frédéric Surleau BP 3736 - 98 846 Nouméa cedex - New Caledonia
    • By writing to us online through the website https://nc.aircalin.com/fr/contact

6. Unchecked Baggage or Cabin Baggage

  1. All Tickets allow for carriage in the cabin of a quantity of Unchecked Baggage which is limited by number and/or weight and/or dimension. Should this information not have been specified to the Passenger, a single Unchecked Baggage item will be accepted and Unchecked Baggage must be able to be placed beneath the seat, in front of Passengers or in a locker provided for this purpose.
  2. Certain Baggage that the Passengers wish to take in the cabin, may, for security and/or safety and/or operation or aircraft configuration reasons, at any time prior to the flight departure, be denied cabin access and must be carried as Checked Baggage.
  3. Should the Carrier be required to check Baggage into the hold as a result of a failure on the part of the Passenger to comply with the above conditions, the Passenger may be required, where applicable, to pay a surcharge, as specified in paragraph 5.2.
  4. If the Passenger refuses to pay a surcharge under the conditions specified, the Carrier has the right to refuse to carriage.
  5. Passengers are responsible for personal effects and Unchecked Baggage that they take into the cabin.

7. Customs provisions of New Caledonia

New Caledonia has customs and tax autonomy since 1946, which results in special provisions as follow :

  1. When entering or leaving New Caledonia, certain goods are subject to special regulations such as: - narcotic or hallucinogenic products, which are absolutely prohibited; - import, export or simply the possession of products that infringe trademarks, which constitutes a customs offense which exposes Passengers to heavy sanctions, such as confiscation of the goods, a customs fine, legal proceedings; - plants, plant products and products of animal origin, the imports of which are subject to special requirements. Contact the Veterinary and Plant Protection Service (www.agriculture.gouv.fr) near your home or that of Nouméa, P.O. 256 Nouméa; - live animals, imports of which are subject to specific authorization. For any information, we recommend that Passengers contact a Veterinary Service; - canned products from industrial production and having a health mark are exempt, up to a limit of 2 kg per person, upon presentation of an health and sanitation certificate, but must be presented to the customs inspection straight after disembarkation;
  2. When entering or leaving the customs territory of the European Union, these goods are also subject to special regulations. Their entry or exit is even prohibited in certain cases: - live animals (dogs and cats in particular), animal and plant products, endangered species of wild flora and fauna and products thereof, medicines and medical products ( except those corresponding to the personal needs of the traveler), arms and ammunition, cultural goods, wines, alcoholic beverages and other products subject to the rules of indirect contributions and the payment of taxes; - the import, export or simple possession of counterfeit products constitutes a customs offense which exposes you to heavy penalties: confiscation of the goods, customs fine, legal proceedings.

8. Collection and delivery of Baggage

  1. Passengers must collect their Baggage as soon as made available to them at the Place of Destination or Stopover.
  2. Only the bearer of the Baggage receipt is authorized to collect Checked Baggage. If a person claiming Baggage is not in a position to produce the Baggage receipt which was provided at time of check-in, 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. If a person claiming the baggage is unable to produce the baggage receipt and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he establishes, to Carrier's satisfaction, his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
  3. Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage
ARTICLE 12: FLIGHT SCHEDULES, DELAYS, CANCELLATIONS

1. Schedules

  1. The flight times and flight durations indicated in timetables may change between the date of publication (or issue) and the date of travel. The Carrier provides no guaranteed flight times and flight durations and they do not form part of the contract of carriage with the Carrier.
  2. In the event of a change in the Schedule, the Passenger will be informed using the contact details provided when the booking was made. It the Passenger’s responsibility to provide the Carrier with their contact details so that they can be contacted in the event of a change in the planned flights as they appear on the Ticket. It is the responsibility of the Passenger to keep informed in case any changes that may occur to its travel plan (flight schedule) prior to its departure date by checking the Carrier’s website www.aircalin.com
  3. If due to circumstances beyond its control the Carrier is unable to provide previously confirmed the flight schedule of the Passenger’s reservation, and cannot offer a suitable option, the Carrier may benefit from a refund in accordance to article 14 below.

2. Cancellation, Rerouting & Delays

  1. The Carrier will take all reasonable measures to avoid delay in carrying the Passenger and their Baggage. In order to prevent a flight cancellation or delay, Carrier may arrange for a flight to be operated on its behalf by an alternative Carrier and/or aircraft and/or other means of transport.
  2. In the event of a flight cancellation or delay, and if the Passenger has a single Contract of Carriage (as defined by the Convention), the Carrier will implement all the provisions of the relevant applicable regulations.
  3. Information concerning delays, change in reservations and cancellation can be found on the Carrier’s website www.aircalin.com
ARTICLE 13: OVERBOOKING AND Downgrading

In the event the Carrier decides to deny boarding the Passenger, due to overbooking or other reasons, with the result that the Carrier is not in a position to offer a seat to the Passenger, even though the Passenger has a valid Ticket and has arrived for check-in and boarding in accordance with the required timeframes and conditions, the Carrier shall grant the Passenger the compensation provided for by the relevant applicable regulations, where applicable.

The Carrier shall give priority to allocate any available seats to unaccompanied minors, person with illnesses and disabled passengers.

In the event that the Passenger is seating in a lower class than that for which the Ticket was purchased, the Carrier will refund the difference in Fares, under the conditions specified by the relevant applicable regulations.

Article 14: Refunds

1. General

The refund of a Ticket, in whole or in part, will take place in accordance with the Ticket’s fare conditions and all circumstances with the relevant applicable regulations as outlined below:

  1. Carrier shall be entitled to make refund either to the person named in the Ticket, or to the person who has paid for the Ticket. The refund shall be paid to the same credit/debit card used at time of purchase.
  2. Unless the claim for a refund concerns a lost Ticket, the refund will only be made upon receipt of the Ticket and all unused Flight Coupons and the Passenger Coupon.
  3. If a person other than the Passenger named on the Ticket presents a Ticket for refund purposes, and the Carrier, acting in good faith refunds the person who presents the Ticket, receipt or any unused coupons, the Carrier shall have no liability whatsoever.
  4. If a Passenger has a Ticket, which they have not used in part for reasons of Force Majeure and preventing him to continue his journey, no refunds will be provided. The Carrier shall provide an extension of validity as defined in article 3.3.b of these Conditions of Carriage.
  5. Request for the refund of a Ticket must be submitted to the issuer of the Ticket (the Carrier or Authorized Agent, as applicable

2. Involuntary refunds

If the Carrier cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover; fail to carry the Passenger on a confirmed flight that met the Check-in Deadline and applicable boarding deadline and/or refuse carriage due to overbooking reasons, or cause you to miss a connecting flight on which you hold a confirmed reservation, the amount of the refund shall be, unless otherwise specified by appropriate law:

  1. If no portion of the Ticket has been used, an amount equal to the fare
  2. If a portion of the Ticket has been used, the difference between the fare paid and the applicable fare based on travel between the points for which the Ticket has been used.

In the event that the Passenger is placed in a lower class than that for which the Ticket was purchased, the Carrier or Authorized agent will refund the difference in Fares.

3. Voluntary refunds

If you are entitled to a refund of your Ticket for reasons other than those set out in paragraph (2), the amount of the refund shall be:

- if no portion of the ticket has been used, an amount equal to the fare and charges paid, less any applicable service charges or cancellation fees.

- if a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare and charges paid and the applicable fare and charges for travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees.

4. Right to refuse reimbursement

The Carrier shall refuse to grant a refund:

  1. For any Ticket, if the request is made after expiry of the Ticket’s validity period.
  2. For a Ticket which meets the legislative or regulatory requirement to possess a Ticket that enables the Passenger to leave the country, unless such Passenger provides sufficient proof to establish that they are authorized to reside in said country or that they will leave using another Carrier, or by any other means of carriage.
  3. For a Ticket, in case the holder is not admitted by the authorities of the Place of Destination, Agreed Stopping Place or Stopover, and if the Passenger was returned to their boarding point or to any other destination for this reason.
  4. For a stolen, forged or counterfeit Ticket.
  5. For a Ticket, in a different currency from that in which the payment was made.
  6. For a “non-refundable” Ticket, in accordance with the applicable fare rules.
  7. For Passengers that are refused Carriage by the Carrier pursuant to Article 10 in these Conditions of Carriage.

5. Refund currency

  1. Subject to applicable law, the carrier reserves the right to refund in the same form and in the same currency as those used when purchasing the Ticket.
  2. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency and subject to rate of exchange in accordance with Carrier’s Regulations.

6. Refund on credit card accounts

Refunds for tickets purchased with a credit card will be credited to the same credit card. The refund will be made in accordance to the conditions defined in this Article, to the amount and currency as shown on the ticket. The refund credited to the account holder may differ from the amount debited from the credit card due to bank fees and variation of exchange rate imposed by the credit card company. The Carrier shall not be liable for such currency fluctuation.

7. Person to Whom Refund Will Be Made

Request for the refund of a Ticket must be submitted to the issuer of the Ticket (the Carrier or Authorized Agent, as applicable).

8. Refund of taxes and fees

In accordance with the applicable regulations, the taxes and fees which are displayed as such in the price of the ticket sold, the due date of which comes from the actual boarding of the passenger, shall be refunded when the ticket is no longer valid and has not given rise to carriage. The refund request for these taxes and fees must be addressed through the Carrier’s website: https://nc.aircalin.com/fr/formulaire-contact

Article 15: Conduct aboard aircraft

On board the aircraft, Passengers must not behave in a way that is liable to inconvenience, threaten or endanger one or more persons, property or the aircraft itself. Passengers must not hinder the crew from performing their duties and must comply with the crew´s guidance 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.

The Carrier may take all the necessary appropriate and reasonable measures to each of the following situations:

- endanger, or threaten the aircraft or any person or property;

- obstruct, hinder or interfere with the crew in the performance of their duties

- behave in a threatening, abusive, insulting or disorderly way towards the crew or other passengers;

- fail to obey the crew's instructions relating to alcohol, drugs, electronic cigarettes, or tobacco;

- behave in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers; or

- refuse to wear a surgical mask covering both nose and mouth during the whole duration of the flight.

Measures :

- The carrier may take any measures it thinks reasonable including restraint as a result of the above behavior.

- The Passenger may be disembarked and refused onward carriage at any point with no liability to the Carrier, and may be prosecuted for offences committed on board the aircraft.

- The Passenger in breach of any applicable laws, regulation resulting in a travel ban from the carrier’s network from a period determine by the severity of the incident, may provide relevant information to dispute the ban by writing to the Carrier within 15 days of his notice.

 

The Carrier may prohibit or limit:

For 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 games and walkie-talkies..

-The personal consumption of alcohol is not permitted on board (whether purchased as duty free or someone else or otherwise obtained). The Carrier have the right, at any time for any reason, to refuse to serve alcohol or to withdraw alcohol which has been served.

The Carrier reserves the right to seize any duty free items purchased at the airport or on board the aircraft (alcohol, cigarettes…) until aircraft lands to its final destination. If a Passenger fails to behave in a proper manner on board, the Captain may take all the necessary appropriate and reasonable measures, in order to prevent such behavior from continuing including physical restraint as a result of the above behavior.

If a Passenger does not comply with the provisions of this article or commits a criminal or reprehensible act on board an aircraft, the Carrier reserves the right to take legal action against said Passenger.

Any incident occurring during the performance of the contract of carriage and likely to jeopardize the safety or security of a flight, may be subject to a computer recording, a complaint and result in a ban of transport on flights operated by Aircalin for a period which will depend on the seriousness of the incident, always within the limits laid down by law. , the passenger will have the opportunity to submit comments in writing to the company within 15 days.

ARTICLE 16: PROVISIONS FOR ADDITIONAL SERVICES

  1. If the Carrier, within the scope of the Contract of Carriage and subject to the applicable law, agrees to provide for additional services other than carriage by air, or if the Carrier issues a ticket or voucher for carriage or other services, such as, for example, hotel reservations or car hire, the Carrier will only do so as an agent in the name of and for and on behalf of a third party (unless explicitly agreed otherwise), and will not be held liable to the Passenger for these services except where proof arises from the Carrier’s negligence. The carriage or sale conditions that govern the activities of said third parties will be applicable.
  2. If the Carrier offers a Passenger ground or sea carriage services (train/ bus/ boat etc) different liability systems may apply to said ground or sea carriage. The conditions of carriage and the liability systems are available, upon request, from the party that provides the ground/ sea carriage. The Carrier is not liable for Damage to Passengers and their Baggage during carriage by rail, road or sea.
  3. If the Carrier offers a Passenger rail services, the Carrier is only acting as an agent in the name of and for and on behalf of a third party, even if such carriage is identified under the Designator Code. The Carrier is not liable for Damage to Passengers and their Baggage during carriage by rail. The Carrier is not responsible for delays or cancellations of rail transport preventing connection with any AIRCALIN flights.
  4. Car hire services offered by the Carrier will only do so in the name of and for and on behalf of a its partners and are governed by the terms and conditions of such company upon acceptance of the reservation placed.
  5. The Carrier will endeavor to honor any request the Passenger's made concerning any ancillary/additional services (meals, drinks, in-flight entertainment…). For operational reasons, we no guarantees can be made about the provision/availability of in-flight entertainment equipment and advertised programs; advertised special meals or any other type of meals; or the availability of advertised in-flight services confirmed at time of reservation.
ARTICLE 17: SUCCESSIVE AIRLINE & nON AIR TRANSPORT

  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 has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall not be liable for those parts of the journey performed by other carrier(s)
  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
  4. The Carrier may not be held liable in any way for delays, cancellations of ground transports (bus, trains...) connecting to any flights operated by the Carrier, and subsequently to any incident preventing the Passenger to miss another flight, land or sea connection.
ARTICLE 18: ADMINISTRATIVE FORMALITIES

1. General Provisions

  1. The passenger is responsible for obtaining and holding all required travel documents and visas and for complying with all applicable laws, regulations, orders, demands and travel requirements of all countries to be flown from, into or through which you transit, as well as with the Carrier’s regulations and the instructions relating thereto.
  2. The Carrier shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions referred above.

2. Travel documents

The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s Regulations and instructions. Passengers are moreover required to ensure of the validity of the documents presented (passports…) and apply for visas when necessary. Information on immigration rules by country is accessible from the website.

  1. 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 departure, arrival and transit States. The passenger is required to authorize the Carrier to take and retain copies of any documents or otherwise retain data contained in the relevant documents.
  2. The Carrier reserves the right, in accordance with Article 9, to refuse the Carriage if a Passenger fails to comply with the applicable laws and regulations, if the Carrier has doubts as to the validity of the documents presented.
  3. The Carrier shall not be liable for losses or expenses suffered by Passengers who do not comply with the provisions of this Article. Information on immigration rules by country is accessible from the website.

3. Refusal of entry

If a Passenger is refused entry into a territory, they must pay all the charges or fines imposed on the Carrier by the local authorities, as well as the total cost for carriage if the Carrier, due to a government order, is required to return the Passenger to his/her departure location or elsewhere. The price of the Ticket purchased for carriage to the destination for which entry to the territory was refused shall not be refunded by the Carrier.

4. 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 any required document, or 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. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier.

5. Customs Inspection

  1. Passengers may be called on to be present at the inspection of their Baggage (delayed, Checked or Unchecked) on the request of customs officers 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.
  2. Passengers shall indemnify the Carrier if any action, omission or negligence on their part causes Damage to the Carrier, including, without limitation, any failure to comply with the provisions of this Article.

* The provision above has been added in case of any penalties that the Carrier may occur during customs inspection, whereas the Baggage being inspected contain prohibited items and the passenger is not present.

6. Security Inspection

  1. The Passenger shall submit to any security checks by government or airport officials or by Carrier.
  2. The Carrier cannot be held liable for refusing to carry a Passenger, in particular in the event that such refusal is based on the reasonable view that said refusal is warranted by the applicable law, regulations and/or requirements.
ARTICLE 19: LIABILITY FOR DAMAGE

1. General Provisions

The Carrier’s liability shall be determined by the Contractual Carrier’s General Conditions of Carriage, except as otherwise provided for and brought to the Passenger’s attention. If AIRCALIN is the Contractual Carrier the following apply:

  1. Carrier's liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages, unless mandated by the applicable laws.
  2. If Carrier proves that the Damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation or whose rights he/she exercises or from whose rights such person derives its right, the Carrier shall be wholly or partially exonerated from its liability to the extent that such negligence or wrongful act or omission caused or contributed to the Damage. This paragraph applies to all the liability provisions in these Conditions of Carriage, including for the sake of clarity Article 19.2(a).
  3. The Carrier’s liability is limited to Damage that occurred during Air Carriage for which its Designator Code appears on the Coupon or the Ticket that corresponds to the flight. If the Carrier issues a Ticket for a carriage service performed by another Carrier or if the Carrier checks in Baggage on behalf of another Carrier, the Carrier shall only act as an agent in the name and on behalf of said other Carrier.
  4. The Carrier is not liable for Damage that results from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or a failure to comply with said same provisions by the Passenger.
  5. The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier’s Authorised Agents, the Code Share partners of the Carrier, its officials, its agents, its representatives, servants and the owner of the aircraft used by the Carrier. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier’s liability.
  6. Except as expressly otherwise provided for, none of these provisions constitute a waiver of any exclusion or limitation of the liability of the Carrier in accordance with the Convention and mandatory and applicable law.

2. Death or Injury to Passengers

  1. The Carrier is liable for the Damage sustained in the event of the death or bodily injury suffered by a Passenger if caused by an accident that occurred on board the aircraft or in the course of any embarking or disembarking operations as defined by the Montreal Convention.
  2. For Damages arising under Article 19.2(a) not exceeding 113,100 SDR’s for each Passenger, Carrier shall not exclude or limit its liability. However, Carrier shall be entitled to invoke Article 19.1(b). The Carrier shall not be liable for Damages in the event of death or Injury to Passengers in excess of 113,100 SDR’s for each Passenger if the Carrier proves that:

- such Damage was not caused by negligence or any other wrongful act or omission of Carrier or its servants or agents; or

- such Damage was solely caused by negligence or other wrongful act or omission of a third party

  1. The Carrier shall not be liable if a Passenger is carried whose age or mental or physical condition involves any hazard or risk to himself, Carrier shall not be liable for personal injuries such as illness, injury, disability or death, or any aggravation of such illness, injury or disability, provided such personal injuries are attributable solely to such condition.
  2. In the event of a claim as defined in paragraph (a), the Carrier shall make an advance payment within 15 days of the identification of the Beneficiary to enable him/her to meet his/her immediate needs, in proportion to the material damage suffered.
  3. In the event of death and subject to the provisions of article 19.2 (d), the said advance payment shall be up to 16,000 SDR per Passenger.
  4. Pursuant to article 19.1 (b); the payment of such advance or any early payment shall not constitute any recognition of liability and said amounts may be offset against any amounts which subsequently become due by the Carrier. Said advance payment shall not be refundable unless the person who received the advance payment was not the person entitled to compensation or when the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his of her rights.
  5. The Carrier reserves all rights of recourse and subrogation against all third parties.

3. Damage to Baggage

  1. The Carrier’s liability in the event of destruction or loss of or damage to Checked and Unchecked Baggage shall be limited to 1,131 SDR per Passenger, regardless of the provisions of the Convention.
  2. For all claims compensation concerning Baggage, Passenger must provide proof of such damaged. The compensation amount shall be made to the value of the item, at time of the claim.
  3. Limitation of liability does not apply (i) if it is proven that the Damage results from an act or negligence on the part of the Carrier, its servants or Agents, committed with the intention of causing Damage, or recklessly, and knowing that Damage would probably result, and if it is proven, in the case of such acts or negligence, that the attendant or the Agent of the Carrier acted within the framework of their functions, and / or (ii) When handing over the Checked Baggage to the Carrier, and the Passenger has made a Special Declaration of Interest, in this case, a surcharge in accordance with the provisions of Article 11.5.3. must be paid by the Passenger. In this event, the Carrier reserves the right to verify the adequacy of the value declared and prove, in the event of damage, that the amount declared was higher than the Passenger’s genuine interest at the time of delivery thereof limiting the Carrier’s liability.
  4. The Carrier shall not be liable for Damage to Baggage where said Damage results from the nature of or an inherent defect, quality or vice of the Baggage. If Baggage or property contained therein cause damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.
  5. Carrier does not assume any liability for normal wear and tear to baggage, which includes damage to or loss of protruding parts of the baggage, including, by way of example, straps, pockets, pull handles, hangar hooks, wheels or other items attached to the baggage resulting from air transport.
  6. Carrier is not liable for any loss of or damage to Baggage for which carriage is prohibited or restricted by the applicable regulations and the law in force.
  7. In the case of Damage caused to Baggage, the Passenger must immediately on arrival complete the Property Irregularity Report form (P.I.R.) or any equivalent document used by the Carrier in order to file their claim within 7 days. All Passengers claiming must be mentioned on the form. In the event that the said form is not completed immediately on arrival, the Damage would then be considered as not having occurred during the Transport, unless proof to the contrary was provided.
  8. In the event of damage, delay, loss or destruction of Baggage, the passenger must complete the form available on the website https://nc.aircalin.com/fr/formulaire-contact within 7 days of date of arrival.
  9. In the event of damage, delay checked Baggage, the Passenger must complete the claim form online from the website: https://nc.aircalin.com/fr/formulaire-contact . The claim must be lodged within seven to twenty one days from time of delivery.

4. Damage as a result of Delays

Only Direct Proven Damage resulting from a delay may be mendable, except for any Indirect Damage and any form of Damage other than compensatory Damage.

The Passenger must show evidence that the Damage is a direct result from the delay.

  1. The Carrier's liability for Damage caused by the delay in Passenger Transport is limited to 4,694 SDR per Passenger.
  2. The Carrier's liability for Damage caused by delay in the Carriage of Baggage is limited to 1,131 SDR per Passenger. This limit is subject to the provisions of article 19.3
  3. Regardless of conditions specified in paragraphs 4 (a) and 4 (b), the Carrier is not liable for Damage caused as a result of delay, should the Carrier, its employees and representatives proves that all reasonable steps were taken to prevent the Damage or were unable to take such measures.
ARTICLE 20: TIME LIMITATION ON CLAIMS AND ACTION

1. General principles

  1. Notification of claims for Baggage
    1. The receipt of Checked Baggage without complaint is evidence that the Baggage was delivered and accepted in good condition and in accordance with the Contract of Carriage, unless the Passenger provides proof to the contrary. All missing Baggage must be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently will not be taken into account.

      In the same way, any item noted as missing from Baggage must be declared to the Carrier within seven (7) days from the date of receipt in the case of Checked Baggage and provide any required supporting documents to process the claim as outlined by the Carrier. Any late declaration will not be taken into account.

    2. In the event of delay, damage or destruction of Baggage, the Passenger in question must file a written complaint with the Carrier as soon as possible and at the latest within a period of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date on which the Baggage was made available to the Passenger and include all supporting documents in order to process the claim as requested by the Carrier.

      If a complaint is not filed within the time limits stipulated, all action against the Carrier shall be inadmissible, except in the event of fraud by the Carrier. If the complaint was lodged within the stipulated time limits of seven (7) or twenty-one (21) days and no conciliation has been reached between the Carrier and the Passenger, the Passenger may file an action for damages within two years of the arrival date of the aircraft, or of the date on which the aircraft was scheduled to land.

     

  2. Liability actions for Passengers

    All claims and rights to damages shall be extinguished if an action is not brought within a period of two years reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped. The method of calculating that period shall be determined by the law of the Court seized of the case.

2. Procedures

  1. All claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits specified:

    • By addressing a letter to : Customer Service - 8, rue Frédéric Surleau BP 3736 - 98 846 Nouméa cedex - New Caledonia

    • By writing to us online through the website https://nc.aircalin.com/fr/contact

  2. All claims or actions made to the Carrier, non-compliant to the clause above will be deemed inadmissible.
Article 21: Modification and waiver

No Agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage. The Carrier reserves the rights to alter, update these general conditions at any time and without notice.