Terms and conditions of carriage
ARTICLE I: DEFINITIONS
For the purposes of these conditions, and unless otherwise specified in the text, the following terms beginning with a capital letter shall have the meanings set out below:
International Agreements (referred to as IIA and MIA) of the International Air Transport Association (“IATA”)
Refers to the inter-carrier agreements relating to air carrier liability, signed on October 31, 1995, in Kuala Lumpur (IIA) and on April 3, 1996, in Montreal (MIA), which have been applicable by member carriers of the International Air Transport Association (IATA) since April 1, 1997, and which fall within the legal framework of the international texts on carrier liability designated under points (a) to (d) of the term “Convention” defined below.
Charter
Refers to the operation by which the Carrier having concluded a Contract of Carriage with the Passenger (the “Contractual Carrier“) delegates to another Carrier (the “De Facto Carrier” or “Effective Carrier“) the task of carrying out all or part of the Air Carriage. Also refers to the operation whereby any other contracting party of the Passenger (e.g. a tour operator) entrusts a Carrier with all or part of the Air Carriage.
Authorized Agent
Means a natural or legal person authorized by the Carrier to represent it in the sale of air tickets on its services or those of another Carrier, if such agent is authorized to do so.
Air Côte d’Ivoire
Refers to the company “Compagnie Air Côte d’Ivoire”, a public limited company with a Board of Directors under Ivorian law, with majority public financial participation and a share capital of 130,000,000,000 FCFA, registered in the Abidjan Trade and Personal Property Credit Register (RCCM) under number CI-ABJ-2012-B14-08636 and whose head office is located in the Airport Zone, opposite Cité GATL, Abidjan Port-Bouet.
Pets
Refers to dogs or cats (excluding other animals) accompanying in the cabin or in the hold, the Passenger who is either its owner, or a natural person who assumes responsibility for it on behalf of the owner during the travel.
Scheduled or Voluntary Stop
Refers to a stop planned by the Passenger during his/her travel, at a stopover located between the point of departure and the final destination indicated on the Ticket.
Unscheduled stop
- By the Passenger
Refers to a stop not scheduled by the Passenger when purchasing the Ticket during his/her travel, which results in a fare readjustment or the loss of his/her Ticket, depending on the ticket category, under the conditions set out in these Terms and Conditions.
- By the Carrier
Refers to a stop made by the Carrier for operational or technical reasons, which was not scheduled when the Ticket was purchased.
Baggage
Refers to the effects and other personal items accompanying the Passenger during his/her travel. Unless otherwise specified, this term refers to both the Passenger’s Checked Baggage and Cabin Baggage.
Checked Baggage
Baggage for which the Carrier has accepted custody and for which it has issued a Baggage Check or Identification Card.
Cabin Baggage
Means all Passenger Baggage other than Checked Baggage. This Baggage remains in the Passenger’s custody.
Ticket
Means a valid document establishing the right to Carriage, either in the form of an “individual or collective ticket”, possibly supplemented by a Baggage Check or an Identification Form, or by an equivalent means in intangible form, including electronic, issued or authorized by the Air Carrier or its Authorized Agent. It embodies the Contract of Carriage, includes Flight Coupons, Passenger Coupons, notices to Passengers and incorporates these Terms and Conditions of Carriage.
Supplementary Ticket
Means a Ticket issued to a Passenger in conjunction with another Ticket, the whole of which constitutes a single Contract of Carriage.
Electronic Ticket
Refers to the ticket held by the Carrier or, at its request, by a computerized reservation system. It attests to the Itinerary-Receipt, the electronic flight coupon or any other document of the same value and, where applicable, the boarding pass (CAB), issued by the Carrier or by an Authorized Agent.
Baggage Check
Refers to the identification stub issued by the Carrier, relating to the carriage of the Passenger’s Checked Baggage and affixed to the Ticket.
Carrier Designation Code
Refers to the two- or three-character alphabetic, numeric or alphanumeric code assigned by IATA to identify each Carrier.
Contract of Carriage
Refers to the declarations and stipulations appearing on the Ticket, and/or the Itinerary- Receipt (Memo-Voyage), identified as contractual stipulations and which incorporate the present Terms and Conditions of Carriage as well as the notices to Passengers.
Agreement
Refers to, as the case may be :
a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929.
b) the Hague Protocol of September 28, 1955 amending the Warsaw
c) the Guadalajara Supplementary Convention of September 18,
d) Montreal Protocols 1, 2 and 4 (1975) amending the Warsaw
e) the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on May 28, 1999.
Coupon
Means a paper or electronic Flight Coupon bearing the name of the Passenger who is to take the flight identified on the Coupon.
Passenger Coupon or Passenger Receipt
Refers to the part of the Ticket, issued by or on behalf of the Carrier, which is identified as such and must be retained by the Passenger.
Flight Coupon
Refers to the part of the Ticket issued by the Carrier or on its behalf, bearing the words “valid for Carriage”, or in the case of an Electronic Ticket, indicating the precise points between which the Passenger must be carried.
Special Declaration of Interest
Refers to the declaration made by the Passenger at the time the Baggage is handed over for check-in, specifying a value greater than that set as the limit of liability by the applicable Convention, and in return for payment of an additional sum.
Damage
Covers loss in the event of death or bodily injury suffered by a Passenger (or, where applicable, his or her beneficiary), or delay, total or partial loss or any other loss defined in the applicable Convention arising out of or in direct connection with Air Transport.
Special Drawing Right (SDR)
Refers to the unit of account of the International Monetary Fund (“IMF”), the value of which is determined periodically by the IMF based on the exchange rate of several reference currencies.
Intermediate stopover
Refers to the points, except for points of origin and destination, indicated on the Ticket or mentioned on the Carrier’s timetable as scheduled stopovers on the Passenger’s Itinerary-Received.
Baggage Tag (TAG)
Refers to a form issued by the Carrier for the sole purpose of identifying Checked Baggage and comprising a part affixed to the Baggage, i.e. the Baggage Tag, and another part given to the Passenger, i.e. the Baggage Check.
Force Majeure
Refers to circumstances beyond the control of the party invoking it, unforeseeable and irresistible, which prevent or render abnormally difficult the performance of all or part of the obligations arising from the Contract of Carriage by the Passenger or the Air Carrier or its Authorized Agent.
Check-in Deadline
Refers to the time limit before which the Passenger must have completed his/her check-in formalities, including Baggage if applicable, and be in possession of his/her boarding pass or boarding pass.
Itinerary Receipt or Travel Memo
Refers to one or more documents issued by the Carrier to Passengers using an Electronic Ticket, containing their name, flight information and notices to Passengers.
Days
Refers to the calendar days comprising the seven days of the week. In the case of a notification, the day on which it is sent is not counted. To determine the period of validity of a Ticket, the day of issue of the Ticket or the day of departure of the flight are not counted.
Passenger
Refers to any person, other than members of the crew, carried or due to be carried by aircraft, in possession of a Ticket of Carriage.
Passenger with Reduced Mobility
Means any person whose mobility is reduced when using a means of transport due to a physical disability (sensory or motor, permanent or temporary), an intellectual disability, age or any other cause of disability, and whose situation requires special attention and adaptation to his/her needs of the services made available to all Passengers.
Person Entitled to Compensation
Refers to the Passenger or any person entitled to claim compensation in accordance with applicable law and these Terms and Conditions of Carriage, due to their relationship with the Passenger.
Fare
Means the fare for a Carriage booked by the Passenger, in a reservation class, for given routes, flights and, where applicable, dates.
Transport
Refers to the carriage by air – from boarding to disembarkation – of Passengers or Baggage or freight, whether free of charge or against payment, as defined by the applicable Convention.
Air Transport
For the purposes hereof, means any flight, any air operation carried out by the Carrier and relating to the carriage of Passengers and their Baggage from boarding operations to disembarkation operations, within the meaning of the applicable law.
Carrier
Refers to Air Côte d’Ivoire or any other airline that issued the Ticket, whose Designator Code appears on the Passenger’s Ticket or on a Complementary Ticket.
Code-share flight
Means a flight operated by an Air Carrier which may be either the Carrier with which the Passenger has entered into a Contract of Carriage (the “Contractual Carrier”), or another Carrier (the “De Facto Carrier” or “Effective Carrier”) to which the Contractual Carrier has associated its Designation Code.
Domestic flight
Refers to any flight whose departure city and destination city are located within the same State, with territorial continuity.
International flight
Means, within the meaning of the applicable Convention, any flight for which the point of departure and the point of destination, and possibly the point of stopover, are located on the territory of at least two States parties to the said Convention, or in a single State if an intermediate stopover is planned in another State party to the said Convention.
ARTICLE II: SCOPE
1.General
a) Except for the provisions of paragraphs 2, 3 and 4 of this Article, these Terms and Conditions of Carriage apply to any flight for which the Air Côte d’Ivoire Designator Code (“HF”) appears on the Ticket or on the corresponding Coupon.
b) These Terms and Conditions of Carriage also apply to carriage free of charge or at a reduced fare’ unless otherwise provided for in the Contract of Carriage or in any other contractual document binding Air Côte d’Ivoire to the Passenger.
c) These Terms and Conditions of Carriage are drawn up in accordance with applicable law.
2.Primacy of Law
These Terms and Conditions of Carriage are applicable insofar as they are not contrary to applicable law and to rules of public order, in which case such law or rules shall prevail.
The possible invalidation of one or more provisions of these Terms and Conditions of Carriage shall have no effect on the validity of the other provisions unless the Contract of Carriage could not subsist without the provision declared null and void and which would be decisive and essential to the existence of said Contract of Carriage.
3.Code Share
On certain air services, Air Côte d’Ivoire has entered into Code Share agreements with other air carriers. As a result, even if the Passenger holds a reservation with Air Côte d’Ivoire and has a Ticket in which Air Côte d’Ivoire is designated as Carrier by means of its Carrier Designation Code, the Carrier operating the flight (the “De facto Carrier” or “Effective Carrier”) may be different from the one designated on the Ticket.
The Passenger is informed of the identity of the De Facto Carrier(s) / Effective Carrier(s) at the time of conclusion of the Contract of Carriage, or at the latest at check- in, or in the case of connections made without prior check-in, before boarding operations.
In such cases, Air Côte d’Ivoire’s Terms and Conditions of Carriage apply.
4.Applicable law prevails
The present Terms and Conditions of Carriage are applicable insofar as they are not contrary to the applicable law in force (and in particular its rules of public order), in which case the applicable law will prevail over the said Terms and Conditions of Carriage. Any invalidation of one or more provisions of these Terms and Conditions of Carriage shall have no effect on the validity of the other provisions, unless the Contract of Carriage could not have survived without such an invalid provision.
5. Charter
If Carriage is performed pursuant to a Charter Contract, these Terms and Conditions of Carriage shall apply only to the extent that they are attached to, incorporated in, mentioned, by reference, or otherwise, in the Charter Contract or on the Ticket.
ARTICLE III: TICKETS
1.Necessity to Hold a Ticket
a) The Carrier accepts to carry a Passenger only if the latter is in possession of a Ticket in his/her The Carrier may ask the Passenger to provide appropriate proof of identity. Passengers must therefore be able to provide the Carrier, at any time during their travel, with proof of their identity and that of those for whom they are responsible.
b) A Ticket is nominative and non-transferable, subject to applicable regulations, in particular concerning package travel.
If a Ticket is presented by a person other than the person who would have been entitled to Carriage or reimbursement of such Ticket, the Carrier shall not be liable for any consequences or consequences vis-à-vis the Ticket holder or any third party if, in good faith, it carried or reimbursed the person presenting the Ticket.
c) Certain Tickets, sold at specific Fares, are partially or totally non-modifiable and/or non-refundable. It is the Passenger’s responsibility, at the time of booking, to check the conditions applicable to the use of their Ticket and, if necessary, to take out the appropriate insurance to cover cases in which they would have to cancel or modify their trip.
d) As the Ticket is subject to mandatory formal conditions, it remains the property of the issuing Carrier at all times.
e) Carriage on a flight will only be authorized to people able to present a valid Ticket, containing the Coupon corresponding to that flight and all other unused Flight Coupons, as well as the Passenger Coupon.
f) The Passenger will not be entitled to Carriage if the Ticket presented has been damaged, or if it has been modified by a person other than the Carrier or its Authorized Agent. Passengers may only be carried on a flight if they produce appropriate identification and a valid Ticket has been issued in their name.
g) If the Passenger benefits from a fare reduction or a Fare subject to special conditions, they must be able, at any time during their travel, to provide the Carrier’s employees or agents with the required documents justifying the allocation of this specific Fare, and to demonstrate the regularity Failing this, a fare adjustment corresponding to the difference between the Fare inclusive of tax initially paid and the Fare inclusive of tax that should have been paid will be made, or the Passenger may be denied boarding.
2.Validity period
a) Unless otherwise indicated on the Ticket, or in the event of a Fare affecting the validity of a Ticket as indicated on the Ticket itself, a Ticket is valid for Carriage for one (1) year:
- from the date of issue; or
- from the date of use of the first Coupon if this occurs within one year of the date of issue of the Ticket.
b) If a Passenger who has begun his/her travel is prevented for health reasons from continuing his/her travel during the period of validity of the Ticket, the Carrier may extend the validity of the Ticket until the date on which the Passenger becomes fit to travel again, or until the date of the first available flight, provided that the Passenger produces a medical certificate proving the health reasons that prevented him/her from continuing his/her travel and that these reasons were not known at the time of booking.
This extension begins only at the point where the trip was interrupted and will be valid for Carriage in the class of Fare initially paid for.
When the Flight Coupons remaining on the Ticket include one or more Voluntary Stops, the validity of the Ticket may be extended by a maximum of three (3) months, from the date shown on the medical certificate.
In the case of a disabled Passenger travelling accompanied, the Carrier may, at its discretion, extend the validity of the Tickets of members of the immediate family accompanying such Passenger.
c) In the event of the death of a Passenger during the travel, the Tickets of persons accompanying the deceased may be modified by the Carrier, either by waiving the minimum stay requirement, or by extending the validity of such Tickets in accordance with the Ticket Tariff.
In the event of a death in the immediate family of a Passenger whose travel has begun, the validity of the Passenger’s Tickets and those of the members of his/her immediate family travelling with him/her may be modified in the same way, subject to proof of their family relationship.
Any modification must be made in exchange for a valid death certificate.
In any event, any extension of the validity of the Tickets may not exceed forty-five (45) Days from the date of death.
3.Order of use of Flight Coupons
a) The Ticket is valid only for the carriage indicated therein, from the point of departure to the point of destination, via any Intermediate Stopover provided for at the time of purchase of the Ticket, in accordance with the applicable Tariff.
The Fare paid by the Passenger corresponds to the route indicated on the Ticket and forms an integral part of the Contract of Carriage.
The Ticket will not be accepted and will lose all validity if the Coupons have not used in the order in which they were issued. b) Each Flight Coupon is valid for carriage in the class specified on it, on the date and for the flight corresponding to the reservation made.
b) Each Flight Coupon is valid for Carriage in the class specified thereon, on the date and for the flight corresponding to the reservation Any reservation may be made in accordance with the conditions of the Tariff concerned and within the limit of seats available on the flight requested.
c) If the use by the Passenger of his/her Ticket according to an itinerary different from that indicated on the Ticket would result in a fare difference, the Carrier may readjust the amount due by the Passenger to the new applicable Tariff.
d) If the Passenger has a Ticket that they have not used or that they have only partially used and they are unable to travel due to a Force Majeure event, the Carrier may grant the Passenger a credit note corresponding to the price of the Ticket, with the exception of non-refundable taxes.
This credit will be usable for a period of three (3) months, for subsequent travel on the Carrier’s flights, provided that the Passenger notifies the Carrier at least twenty-four (24) hours prior to the departure date and provides proof of the Force Majeure that caused the Passenger to be unable to travel on the initial flight.
4.Carrier identification
The Carrier’s name may appear in an abbreviated form on the Ticket, in the form of its Designator Code or in any other form.
The Carrier’s address is deemed to be that of the airport of departure indicated opposite the Carrier’s name in the “Carrier” box of the Ticket or, in the case of an Electronic Ticket, as indicated for the Carrier’s first flight leg on the Itinerary Receipt (or Travel Memo).
ARTICLE IV: FARES, TAXES AND FEES
1. General
Fares apply only to Carriage from the airport of the point of origin to the airport of the point of destination, unless otherwise indicated. Fares do not include surface transportation between airports or between airports and city terminals.
2. Fares applicable
Subject to paragraph 4 below, the applicable Fares are those in force on the date of reservation or issue of the Ticket, for a travel scheduled on the dates and for the itinerary indicated on such Ticket. Any change by the Passenger to his/her itinerary or travel dates may have consequences on the price of the trip.
3. Itinerary
Unless otherwise stipulated in the Carrier’s regulations, to which the Passenger may have access, Fares apply only to the corresponding itineraries. If there are several itineraries for which the same Fare is applicable, the Passenger may specify, before the Ticket is issued, the itinerary he/she wishes to take. If no itinerary is specified, the Carrier may determine the itinerary itself. Any change of itinerary or travel date by the Passenger may have an impact on the applicable Fare.
4. Charges, taxes and fees
Unless otherwise specified in the Ticket, any fees, taxes or charges imposed by a government, by any other authority or by the manager of an airport relating to the Passenger or to the use of any service or means used by the Passenger, shall be added to the Fares and related charges and shall be payable by the Passenger.
Such fees, taxes or charges may be created or increased by a government, by any other authority or by the manager of an airport after the date of reservation of the Ticket. In such a case, the Passenger must pay the corresponding amount. Conversely, if fees, taxes or charges are reduced or abolished, the Passenger will be reimbursed for the reduced or abolished amounts under the conditions defined in article X of these Terms and Conditions of Carriage.
If a Passenger decides not to travel on a flight for which he/she has a confirmed reservation, the Passenger will be reimbursed for the above-mentioned taxes, airport charges and other fees that are due upon the Passenger’s actual embarkation, in accordance with the applicable regulations.
5. Currency of payment
Fares and taxes are payable in all currencies accepted by the Carrier, at exchange rates determined by the Carrier before the Ticket is issued.
ARTICLE V: RESERVATIONS
1. Booking conditions
a) Reservations are not confirmed until accepted by the Passenger and recorded by the Carrier or its Authorized Agent.
b) Certain Fares may be subject to conditions that limit or exclude the Passenger’s right to modify or cancel reservations.
2. Deadline for Ticket Issuance
If a Passenger has not paid for his/her Ticket (or entered into a credit agreement with the Carrier) by the Ticket issue deadline, the Carrier may cancel the reservation and dispose of the seat thus released.
3. Personal information
Passengers acknowledge that personal information concerning them has been given to the Carrier in order to make a reservation for Carriage, to obtain ancillary services, to provide various services, to facilitate the completion of administrative formalities relating to immigration and entry into the territory and that this information may be communicated to government authorities, for purposes exclusively related to the Passenger’s travel, in accordance with Air Côte d’Ivoire’s confidentiality policy and subject to applicable laws. Consequently, the Passenger authorizes the Carrier to hold such information and to pass it on to its own agencies, its Authorized Agents, government authorities and other Carriers or providers of the above-mentioned services, regardless of the country in which the latter are located.
4. Allocation of seats
The Carrier will do its utmost to honor the Passenger’s seat allocation requests. However, it cannot guarantee the allocation of a given seat, even if the Passenger’s reservation is confirmed for said seat. The Carrier reserves the right to change the allocation of seats at any time, including after boarding, due to operational, safety or security imperatives, or due to Force Majeure.
5. Aircraft type
The type of aircraft indicated to the Passenger at the time of Ticket reservation or later is given for information only. Safety and security requirements, reasons beyond the Carrier’s control, and operating constraints may lead the Carrier to modify the aircraft type without incurring any liability.
6. Cancellation fees for unoccupied seats
Except in the case of non-refundable Fares, the Passenger may be charged a handling fee if he/she fails to honor his/her confirmed reservation.
7. Reconfirmation of reservations
Reservations for onward or return flights may be subject to reconfirmation in certain cases. The Carrier will inform the Passenger whether reconfirmation is required. However, the Passenger must check whether any other Carriers involved in the trip have identical requirements for the routes they operate. Failure to comply with these stipulations may result in the cancellation of onward or return reservations.
8. Cancellation of reservations on an onward or return flight
Passengers are obliged to take their flight in the order in which they booked their Ticket. If a Passenger does not use a reservation on his/her Air Ticket in the correct order, reservations for onward or return travels may be cancelled by the Carrier.
ARTICLES VI: CHECK-IN/BOARDING
1. Passengers must have completed their check-in formalities sufficiently in advance of flight departure to be able to comply with administrative requirements and departure procedures for themselves and their Baggage, but in no event later than the Check-in Deadline indicated by the Carrier and shown on the Ticket.
2. The Passenger must be present at the boarding gate no later than the time indicated by the Carrier.
3. If the Passenger does not arrive on time at the Carrier’s check-in counter or at the boarding gate, or presents him/herself with a travel document that does not correspond to the travel concerned or is unable to travel, in particular under the terms of Article XIII below, the Carrier may cancel the Passenger’s Reservation and dispose of it, without any liability to the Passenger.
4. If the Passenger, once checked in, does not arrive at the boarding gate on time, the Company may consider the travel as and the flight coupon as used.
5. The Carrier’s liability for any Damage or expenses may not be sought by the Passenger if the latter has not complied with the terms of the present article.
ARTICLE VII: DOWNGRADING - REFUSAL AND LIMITATION OF CARRIAGE
1. Downgrading
If, for operational or other reasons, a Passenger is required to travel in a lower class of carriage than that initially booked, he/she may claim a partial refund of the Ticket price in accordance with the applicable regulations.
2. Right to refuse carriage
The Carrier may, at any boarding and/or connecting point, refuse carriage to a Passenger or Baggage if one or more of the following cases has occurred or is likely to occur:
a) The Passenger has not observed or complied with the laws and regulations in force, as well as the Carrier’s instructions, or has not provided proof of identity.
b) The carriage of the Passenger or his/her Baggage could endanger the safety, health, hygiene, comfort or convenience of other Passengers or the crew, or the good order on board the aircraft, in particular if the Passenger uses intimidation, behavior or language that is abusive and/or insulting towards other Passengers or the crew.
c) The Passenger’s physical or mental state, including a state caused by the consumption of alcohol or the use of drugs or medication, presents or could present a danger or even a risk to the Passenger him/herself, other Passengers, the crew or property.
d) The Passenger has behaved in a way that may compromise the safety, good order and/or discipline and peace of mind of other Passengers when booking, checking in or on a previous flight.
e) The Passenger has refused to undergo security screening or Baggage inspection as provided for in Articles VIII (5) and XIII (6) below.
f) The applicable Tariff or all fees or taxes due have not been paid or credit agreements have not been concluded between the Carrier and the Passenger (or the person paying for the Ticket).
g) The Passenger does not appear to possess valid travel documents, attempts to enter a territory where he/she is only in transit, destroys his/her travel documents during the flight, refuses to hand them over to the Carrier’s personnel at their request and against a receipt, or possesses documents that are out of date, incomplete with regard to national or international regulations in force or fraudulent (identity theft, falsification or counterfeiting of documents).
h) The Ticket presented by the Passenger:
- has been acquired fraudulently or purchased from an organization not Accredited by the Carrier other than the Carrier who issued the Ticket or its Authorized Agent;
- has been listed as a lost or stolen document;
- is a forged or counterfeit Ticket;
- includes a Flight Coupon that has been damaged or altered by someone other than the Carrier or its Authorized Agent.
In such cases, the Carrier reserves the right to retain the Ticket.
i) In the event that the person presenting a Ticket cannot prove that he/she is the person mentioned in the “Passenger’s Name” box of the Ticket, the Carrier reserves the right to retain such Ticket and to inform the local authorities of the Passenger’s presence.
j) The Passenger has not used his/her flight Coupons in the order of the Ticket.
k) The Passenger who benefits from a fare reduction or a Fare subject to special conditions is unable to present the supporting documents required for the allocation of this specific Fare and refuses to pay the fare readjustment corresponding to the difference between the Fare initially paid and the Fare they would have had to pay in the absence of this fare reduction or Fare subject to special conditions.
3. Special assistance
a) The carriage of unaccompanied children, Passengers with reduced mobility, disabled persons, pregnant women and sick persons or any other person requiring special assistance may be subject to the Carrier’s prior agreement.
Passengers are advised to inform the Carrier of their disability or any particular need for assistance at the time of booking.
If a request for special assistance is made after booking or, depending on the applicable regulations, less than forty-eight (48) hours before departure, the Carrier will do its utmost to satisfy it – in accordance with the applicable regulations – considering in particular the time allowed and the specific nature of the assistance requested.
Passengers who have informed the Carrier of their disability or any particular need for assistance at the time of purchasing their Ticket and who have been accepted by the Carrier, with full knowledge of the facts, may not be denied boarding due to their disability or particular need, unless airport structures fail. In such cases, the Carrier shall not incur any liability, unless otherwise provided by applicable law.
b) Pregnant women may travel up to and including the 32nd week of pregnancy.
Up to the 26th week of pregnancy, the Passenger must present at check-in a health record or any other document specifying the number of weeks of pregnancy and the expected date of delivery.
From the 28th week to the 32nd week, the Passenger must present a medical certificate issued by a doctor or midwife less than one (1) week before the date of travel, for both outward and return travels, specifying:
- No medical condition;
- No contraindication to travel;
- The Passenger’s fitness to travel on short, medium and long-haul flights;
- The number of weeks of pregnancy and the expected date of delivery.
At check-in, a waiver of responsibility will be signed by the Passenger after verification of the above-mentioned compulsory documents.
c) Any Passenger wishing a special meal available from the Carrier must inform the Carrier at the time of reservation or change of reservation, or within the timeframe indicated by the Failing this, the Carrier cannot guarantee that the special meal will be available on board the flight concerned.
d) The special conditions referred to in paragraph 2 do not form part of the Contract of Carriage and must be considered as ancillary services within the meaning of Article XII below. In addition, if a request corresponding to the cases referred to in points (a) and (b) above is made at check-in, the Carrier shall not be liable if it cannot or has not been able to satisfy such request and may even refuse boarding to the Passenger concerned.
ARTICLE VIII: BAGGAGE
1. Baggage allowance
The Baggage allowance corresponds to the carriage in the hold of a quantity of Baggage limited per Passenger in number and/or weight and/or size, determined according to the destination and the Fare paid.
Passengers may have Baggage transported free of charge in accordance with the provisions and subject to the conditions and limits set out in these Terms and Conditions of Carriage, available on request from the Carrier and its Authorized Agents.
2. Excess Baggage
Checked Baggage accepted for carriage in the hold must not exceed certain weight and size limits, giving rise, above a certain allowance, to the payment of a tariff supplement.
The conditions relating to the payment of excess Baggage are available on the website and on request at the points of sale of the Carrier and its Authorized Agents.
3. Items not allowed
Passengers must not place in their Baggage:
a) Items likely to constitute a danger to the aircraft, 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, available on request.
b) Items whose carriage is prohibited by the laws or regulations in force in any State of departure, destination, overflight or Scheduled Stop.
c) Items whose weight, size or nature make them unsuitable for Carriage.
d) Live animals, except pets, provided the conditions of paragraph 10 of this article are met.
e) Fragile or perishable Items or articles of value, such as money, currency, jewelry, works of art, precious metals, silverware, securities or other valuables, valuable clothing, optical or photographic equipment, electronic or telecommunication equipment or devices, musical instruments, passports and identity papers, samples, business papers, manuscripts or securities, whether individualized or fungible.
f) Firearms and ammunition. Subject to the Carrier’s acceptance, to be accepted, firearms must be unloaded, have the safety catch engaged and be suitably packed. The carriage of ammunition is subject to ICAO and IATA Dangerous Goods regulations, as indicated in (a) above.
g) Edged weapons, stabbing weapons, aerosols that can be used as attack or defense weapons, collector’s weapons, swords, knives and other such weapons placed in Cabin Baggage. However, these items may be carried in Checked Baggage, subject to the Carrier’s acceptance.
In the event that items mentioned in points (a) to (h) of this paragraph are carried, whether or not their carriage as Baggage is prohibited, such carriage will be subject to the limits of liability provided for by the applicable Convention and to the provisions of these Terms and Conditions of Carriage applicable to the carriage of Baggage.
4. Right to refuse carriage
a) At any embarkation or intermediate point, the Carrier may refuse the carriage as Baggage of the non-admitted items listed in paragraph 3 of this article and may also refuse to continue the Carriage of such items if discovered.
b) The Carrier may refuse to carry as Baggage any Item by reason of its size, shape, weight, content or nature, or for operational, safety/security reasons or to preserve the comfort and convenience of Passengers or crew.
5. Right of inspection
For safety and/or security reasons, the Carrier may ask Passengers to submit themselves and/or their Baggage to a search or to any X-ray or other type of control. If the Passenger is neither present nor available, his/her Baggage may be checked or searched in his/her absence to verify whether he/she possesses, or whether his/her Baggage contains any of the items referred to in paragraph 3 above.
If the Passenger refuses to comply with such requests, the Carrier may refuse to carry them and their Baggage.
6. Checked Baggage
a) Passengers must hand over their Baggage for check-in at the Carrier’s check-in counters before the Check-in Deadline.
b) When the Passenger hands over his/her Checked Baggage to the Carrier, the Carrier takes custody thereof and issues him/her with a Baggage Tag for each piece of Checked Baggage.
c) If the Carrier deems that the packaging of a Checked Baggage is unsuitable, defective or in poor condition, it may refuse the Checked Baggage.
d) The Passenger must affix personal identification and contact details to the Checked Baggage before it is accepted by the Carrier.
e) Checked Baggage is carried, as far as possible, on the same aircraft as that carrying the Passenger, unless, for operational, safety and/or security reasons, the Carrier decides that it will be carried on another If this is the case, the Carrier will deliver the Checked Baggage to the Passenger, unless applicable laws stipulate that the Passenger must be present for a customs check.
7. Cabin Baggage
a) The Carrier may impose maximum dimensions for Cabin Baggage and limit the number thereof.
b) Cabin Baggage must be placed under the seat in front of the Passenger or in an enclosed storage space provided for this purpose.
c) Items of excessive weight or size, dangerous to safety or difficult to store cannot be accepted in the cabin and must be taken on board as Checked Baggage.
d) Items which should not be placed in the hold (such as fragile musical instruments, works of art (or others) and which do not comply with the stipulations of point (a) above, may only be accepted in the cabin if the Carrier has been duly notified in advance and has granted permission. The carriage of such items may be subject to additional charges.
e) Passengers are responsible for their personal effects and Cabin Baggage. In the event of destruction, theft, loss or damage to personal effects and Cabin Baggage, the Carrier may only be held liable if a fault on its part, or on the part of its employees or agents, is proven. In this case, the Carrier’s liability shall be subject to the limits of liability provided by the applicable Convention and to the provisions of these Terms and Conditions of Carriage applicable to the carriage of Baggage.
8. Special Declaration of Interest
a) For any Checked Baggage the value of which exceeds the liability limits provided for by the applicable Convention, in the event of destruction, loss, deterioration or delay, the Passenger may either personally insure all his/her Baggage prior to travel, or make, at the time the Baggage is handed over to the Carrier, a Special Declaration of Interest limited to a certain amount. In the latter case, an additional fee will be payable by the Passenger. Compensation will be paid in accordance with the provisions of article 19 of the Montreal Convention.
b) The Carrier reserves the right to verify the adequacy of the declared value with the value of the Baggage and its contents.
c) The Carrier may refuse such a declaration of value, if any part of the carriage is to be performed by another Carrier which does not offer such a possibility.
d) Any Special Declaration of Interest must be made by the Passenger before the Check-In Deadline with the The Carrier also has the option of capping the level of declarations that may be made at a maximum amount. The Carrier is also entitled to prove, in the event of Damage, that the amount declared was greater than the Passenger’s actual interest in the delivery.
9. Baggage collection and delivery
a) Passengers must collect their Baggage as soon as it is made available to them at the destination or Voluntary Stopping If they do not collect their Baggage within a time limit set by the Carrier, the Carrier may charge them a storage fee of an amount communicated in advance by the Carrier. If the Passenger does not collect them within three (3) months of them being made available, the Carrier may dispose of them, without incurring any liability towards the Passenger.
b) Only the bearer of the Baggage Check and Baggage Tag given to the Passenger when the Baggage is checked in is entitled to collect the However, failure to present the Baggage Tag does not prevent Baggage collection if the Baggage Check is presented and the Baggage can be identified in another way.
c) If a person claiming Baggage is unable to produce the Baggage Check and identify the Baggage by means of the Baggage Tag, the Carrier will only release the Baggage to such person on condition that he/she establishes his/her rights thereto by drawing up an inventory thereof.
d) Acceptance of the Baggage by the holder of the Baggage Check, without protest or complaint on his/her part at the time of delivery, constitutes a presumption that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.
10. Pets
The Carriage of Pets is subject to the Carrier’s prior and explicit acceptance. The Carrier may agree to carry Pets under the following conditions:
a) Pets must be suitably placed in a crate (complying with applicable regulations and IATA approved), which the Passenger must provide.
b) The Passenger must be able to present the documents in good standing relating to the Pet and required by the authorities of the country of departure, arrival or transit, such as passports, health certificates, vaccination certificates and entry or transit permits.
c) The Pet, its crate and any food it may contain are not included in the Passenger’s free Baggage allowance but will constitute excess Baggage for which the Passenger must pay the applicable Fare.
d) In the event of fraud, absence or irregularity of the required documents or if the container intended for the transport of the Pet does not comply with the provisions of article 10 (a), the Carrier shall not assume any liability for injury, loss, delay, illness or death of such Pets, resulting from such failures.
ARTICLE IX: FLIGHT SCHEDULES, DELAYS, CANCELLATIONS
1. Schedules
The Carrier undertakes to use its best endeavors to carry the Passenger and his/her Baggage with diligence and to comply with the published timetables in force on the date of travel. However, the Carrier may be required to use a substitute aircraft or to use the services of another Carrier, if necessary, by any other means of transport, including to/from another airport. The Carrier may also be obliged to modify flight schedules, for reasons beyond its control, and consequently the schedules shown are subject to change.
2. Cancellation, rerouting, delays
If the Carrier cancels a flight or operates it excessively late in relation to the scheduled timetable or does not stop at a Passenger’s Voluntary Stopping Point or destination, or causes the Passenger to miss a connecting flight, within the limits of a single Contract of Carriage on which he/she had a reservation, the Carrier must – subject to the applicable regulations (in particular but not exclusively the provisions of Regulation (EC) 261/2004) – in agreement with the Passenger:
a) carry the Passenger on another flight where a seat is available, at no extra cost and, where applicable, extend the validity of the Ticket accordingly, or
b) reroute the Passenger to the destination indicated on the Ticket, in whole or in part, on its own scheduled flights or on the scheduled flights of another Carrier, or by means of surface transportation.
If neither of these two solutions is accepted by the Passenger, the Carrier will reimburse the Ticket and take charge of the Passenger, in accordance with the provisions of the applicable regulations and article X of these Terms and Conditions of Carriage.
3. Compensation for denied boarding in the event of scheduled overbooking
If, due to a scheduled overbooking, the Carrier is unable to allocate a seat to a Passenger holding a confirmed reservation or a valid Ticket and who has presented him/herself for check-in and boarding within the required time and conditions, the Carrier will grant him/her compensation in accordance with the applicable regulations.
ARTICLE X: REFUNDS
1. General
a) The refund of a Ticket, in whole or in part, shall be made in accordance with the terms and conditions set forth in this article and in accordance with the fare conditions of the Ticket and, in any event, with the applicable regulations in force on the subject.
b) Refunds, if authorized by the fare conditions of the Ticket, will be made on the basis of the Fare inclusive of all taxes, except for non-refundable taxes such as emission taxes….
c) Requests for refunds must be made to the issuer of the Ticket (Carrier or Authorized Agent, as the case may be).
d) If a Ticket has been paid for by a person other than the person whose name appears on the Ticket, the Carrier will give the refund to the person who paid for the Ticket or to any person designated by such person.
e) A refund made to a person presenting the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and representing himself or herself as the Person Entitled to Compensation or Refund under subparagraphs (a) and (b) of this paragraph, shall be deemed an appropriate refund, and the Carrier shall be discharged from any liability and any subsequent claim for refund.
2. Reimbursement in the event of flight cancellation or delay
Subject to the applicable regulations (in particular but not exclusively the provisions of Regulation (EC) 261/2004), if the Carrier cancels a flight, does not operate a flight within the reasonable limits of the scheduled timetable, does not stop at the Passenger’s destination or at a Scheduled Stopover or causes the Passenger to miss a connecting flight, within the limits of a single Contract of Carriage on which the Passenger had a reservation or had a confirmed reservation, and the Passenger claims reimbursement in accordance with article IX(2) of these Terms and Conditions of Carriage, the amount of the reimbursement will be :
a) Equivalent to the Fare paid, if no part of the Ticket has been used.
b) Equivalent to the difference between the Fare paid and the Fare corresponding to the Carriage not performed, if part of the Ticket has been used.
The refunds referred to in this paragraph (2) are not due when governmental requirements or Carrier regulations enforceable against the Passenger exclude them.
3. Right to refuse refund
The Carrier may refuse the refund:
a) If the request is made after the expiration of the validity of the Ticket.
b) For a Ticket that has been presented to the authorities of a country as proof of intention to leave that country. In this case, reimbursement will only be possible if the Passenger provides the Carrier with sufficient proof to establish that he/she has permission to stay in said country or that he/she will leave said country via another Carrier, or by another means of Transport.
c) In the event that a Passenger who has not been admitted by the authorities at the destination or at any other point of his/her travel is, as a result, returned to his/her point of embarkation or to any other destination.
d) In the event of a stolen, falsified or counterfeit transport document.
e) In a currency other than that in which payment for the Ticket was made.
f) A Ticket marked “non-refundable”, unless otherwise stipulated by applicable regulations.
4. Currency of refund
a) All refunds are made in accordance with the legal or regulatory provisions in force in the country where the Ticket was purchased or in the country where the refund is Subject to the foregoing, refunds are normally made in the currency of payment of the Ticket but may also be made in another currency with the agreement of the Carrier and if the applicable law does not prevent this.
b) In the event that a refund is accepted by the Carrier in a currency other than the currency of payment, such payment will be made at the exchange rate prevailing on the day of payment.
5. People authorized to make refunds
Refunds are made only by the Carrier who initially issued the Ticket or by an Authorized Agent, if authorized by the Carrier.
ARTICLE XI: CONDUCT ON BOARD
1. If the Carrier considers that a Passenger, by his/her behavior on board, endangers the aircraft, a person or property, prevents the crew from carrying out their duties, does not comply with the crew’s recommendations, in particular if these concern the use of tobacco, alcohol or drugs, or behaves in a way which causes or may cause, for other Passengers, for the crew, or for any property in general, an inconvenience to their comfort or convenience, Damage or injury, the Carrier or its servants may take all appropriate and necessary measures towards said Passenger, including restraint measures to prevent the continuation of such behavior, in accordance with the applicable legal and regulatory provisions.
The same shall apply to any Passenger who fails to comply with the emergency exit security system prescribed by the on-board personnel.
Such Passenger may be disembarked, refused carriage on subsequent flights or travels, and prosecuted by the Carrier for offences or any reprehensible acts committed on board the aircraft. In this case, the Contract of Carriage is deemed to have been unilaterally terminated by the Passenger.
2. For safety reasons, the Carrier may prohibit or restrict the use on board the aircraft of electronic equipment such as, but not limited to, mobile telephones, laptop computers, radios, electronic games, transmission equipment, radio-controlled games and transmitter/transmitter sets, as well as any other electronic or recording equipment. However, hearing aids and pacemakers do not fall into these categories.
ARTICLE XII: PROVISIONS RELATING TO ANCILLARY SERVICES
1. Subject to applicable laws, if, under a Contract of Carriage, the Carrier agrees to arrange for the provision of additional services, it shall only be liable to the Passenger, for failure to provide such services, in the event of fault attributable to it as a result of the Carrier’s confirmation of the additional services to the Passenger.
2. If the Carrier provides ground transportation services, other Terms and Conditions of Carriage and liability regimes may apply. They are available on request from the Carrier.
ARTICLE XIII: ADMINISTRATIVE FORMALITIES
1. General
a) The Passenger is responsible for obtaining all documents required for his/her travel, and where applicable that of his/her minor children, Passengers for whom he/she is responsible or Pets with whom he/she is travelling, including visas and any special permits that may be required by the legal and regulatory provisions in force in the countries of departure, destination or transit, and must comply with the requirements of the authorities of said countries in terms of immigration and border control, as well as with the Carrier’s instructions.
b) The Carrier shall not be liable for any consequences suffered by a Passenger who has not complied with the obligations referred to in point (a) above.
2. Travel documents
a) The Passenger must present all entry, exit and transit documents, health documents and other documents required by the laws or regulations in force in the countries concerned and allow the Carrier to take copies thereof, if necessary, or to record and retain the information contained therein, in accordance with Air Cote d’Ivoire’s confidentiality policy and in accordance with applicable regulations.
b) The Carrier reserves the right to refuse carriage to any Passenger who has not complied with the laws and regulations in force or whose documents are not in order or whose validity is questioned by the Carrier.
c) The Carrier shall not be liable for any consequences suffered by a Passenger who has not complied with the obligations referred to in points (a) and (b) above.
3. Refusal of entry
If a Passenger is refused entry to a territory, he/she shall pay any costs or fines imposed on the Carrier by the authorities of the country in question as a result thereof, as well as the cost of Carriage of said Passenger in the event that the Carrier should, following an injunction from the authorities of the country in question, have to transport said Passenger to his/her point of origin or elsewhere. Fares paid by the Passenger to arrive in the country to which he/she has not been admitted shall not be reimbursed by the Carrier.
4. Passenger’s liability for fines and detention costs
If the Carrier is required to pay or deposit the amount of a fine or penalty or to incur expenses of any kind as a result of the Passenger’s non-compliance, whether voluntary.
or involuntary, with the legal and regulatory provisions of the countries concerned or the failure to present the required documents or the presentation of non-compliant documents, the Passenger shall reimburse, at the Carrier’s request, any sums paid or deposited, and any expenses thus incurred by the Carrier. The Carrier may use for such refunds the sums paid to it for the Carriage not performed or any sums paid by the Passenger and held by the Carrier.
Failing this, the Carrier reserves the right to take any legal action necessary to protect its interests, as well as to claim damages as provided for by the applicable regulations.
5. Customs inspections
If requested, Passengers must attend the inspection of their Baggage by customs or any other government authority.
The Carrier assumes no liability for loss or Damage in respect of Passengers who fail to comply with this stipulation.
Passengers shall indemnify the Carrier if any act, omission or negligence on their part, constituting a breach of the terms of this article, causes damage to the Carrier or to the authorization given to the Carrier to inspect their Baggage.
6. Security checks
Passengers must submit to all security checks at the request of government or airport authorities or at the request of the Carrier or any other Carrier concerned.
The Carrier may not be held liable for refusing to carry a Passenger, particularly in the event that such refusal is justified under the applicable laws and regulations.
ARTICLE XIV: SUCCESSIVE AIR CARRIERS
Carriage to be performed by several successive Carriers, under cover of a single Ticket or several Tickets issued jointly, is deemed to constitute a single Carriage when it has been envisaged by the parties to the Contract of Carriage as a single operation, each Carrier being responsible for the Carriage which it performs in its own right.
When the Carrier is the issuer of the Ticket or the one designated first on the Ticket or on a jointly issued Ticket in the case of a successive Carriage, the issuing Carrier shall only be liable for that part of the Carriage performed by its own means.
In the event of destruction, loss, damage or delay of their Baggage, Passengers or their rightful claimants may only take recourse against the Carrier that performed the Carriage during which the incident or delay occurred. Passengers may also take action against the first and last Carrier.
ARTICLE XV: LIABILITY FOR DAMAGE
1. General
The Carrier’s liability shall be determined by the Terms and Conditions of Carriage of the Carrier issuing the Ticket, unless otherwise stipulated and brought to the Passenger’s attention.
If the Carrier’s liability is incurred, it will be under the following conditions:
Sa) Carriage performed under these Conditions is subject to the liability rules set forth in the applicable Convention as well as to the IATA Agreements mentioned in Article I above on Air Carrier liability in case of accident.
b). The liability regime described below is taken in application of the Convention and the IATA Agreements as defined in Article I of these Terms and Conditions of Carriage.
c) Insofar as the following does not override the other provisions of these Terms and Conditions of Carriage, and whether or not the Convention is applicable:
- The Carrier’s liability is limited to Damage occurring during Air Carriage for which its Designator Code appears on the Coupon or Ticket corresponding to the flight. When the Carrier issues a Ticket for a Carriage service provided by another Carrier, or when it checks in Baggage on behalf of another Carrier, the Carrier only acts as the latter’s agent. However, with regard to Checked Baggage, Passengers have a right of recourse against the first or last Carrier involved in their travel.
- The Carrier’s liability shall not exceed the amount of proven direct and foreseeable Damage and the Carrier shall not, under any circumstances, be liable for indirect or unforeseeable Damage or for any form of non- compensatory compensation.
- The Carrier may in no way be held liable for Damages resulting from the Carrier’s compliance with all legal provisions (laws, regulations, requirements and provisions) or the Passenger’s failure to comply with said provisions.
- The Contract of Carriage, including its Terms and Conditions of Carriage and all exclusions or limitations of liability contained therein, apply to and benefit the Carrier’s Authorized Agents, its servants, its agents who have acted in the performance of their duties, its representatives and the owner of the aircraft used by the Carrier, as well as the agents, employees and representatives of said owner. The total amount recoverable from the aforementioned people shall not exceed the amount of the Carrier’s liability.
- The Carrier assumes no liability in the event of Damage to Cabin Baggage, unless such Damage is caused by its fault or that of its servants or agents, which must be proven by the Passenger who invokes it.
- Unless expressly specified, none of the present stipulations implies a waiver of the exclusion or limitation of the liability of the Carrier, of the owner whose aircraft is used by the Carrier, or of their agents, servants or representatives, in accordance with the Convention and applicable law.
- If the negligence or other prejudicial act or omission of the person claiming compensation or of the person from whom he or she derives his or her rights has caused or contributed to the Damage, the Carrier shall be exonerated in whole or in part from its liability to such person, including in the event of death or bodily injury in accordance with applicable law.
2. Stipulations applicable to international flights
(a) Bodily injury:
I. Carrier’s area of responsibility
In accordance with the applicable Convention, the Carrier is liable for Damage in the event of death, injury or bodily harm suffered by a Passenger, when the accident which caused the Damage occurred on board the aircraft or during any embarkation or disembarkation operations within the meaning of the applicable Convention and subject to exemptions from liability.
The Carrier shall not be liable for any illness, injury, handicap or disability, nor for the death of the Passenger, which are the consequence of the Passenger’s state of health, deterioration thereof or physical condition.
II. Exemption
The Carrier shall not be liable for Damage if it can prove that :
- The death or bodily injury occurred as a result of the Passenger’s physical or mental state of health prior to boarding the flight.
- The Damage within the meaning of paragraph 2 was caused in whole or in part by the negligence, wrongful act or omission of the person claiming compensation or of the person from whom he or she derives his or her rights, in accordance with article 20 of the Montreal Convention of May 28, 1999.
- The Damage is not due to the negligence or any other prejudicial act or omission of the Carrier, its servants or agents, insofar as the amount of the Damage exceeds 128,821 SDR per Passenger, in accordance with article 21.2 of the Montreal Convention of May 28, 1999.
- The Damage results solely from the negligence, other act or omission of a third party, insofar as the amount of the Damage exceeds 128,821 SDR per Passenger in accordance with article 21.2 of the Montreal Convention of May 28, 1999.
III. Amount of reparable Damage
In the event of death, injury or bodily harm suffered by a Passenger not exceeding 128,821 SDR per Passenger, the Carrier may not exclude or limit its liability, subject to the preceding stipulations and applicable regulations.
The Carrier shall not be liable for the Damage referred to in the preceding paragraph insofar as it exceeds 128,821 SDRs if it proves:
- That the Damage is not due to the negligence or other prejudicial act or omission of the Carrier, its servants or agents; or
- That such Damage results solely from the negligence or other wrongful act or omission of a third party.
In the event of death, injury or bodily harm resulting from an air accident, the Person entitled to Compensation will be entitled to an advance payment to meet his or her immediate needs, in proportion to the material loss suffered. This advance shall not be less than the equivalent in euros of 16,000 SDRs per Passenger in the event of death. This advance will be paid within fifteen (15) Days of the identification of the Person entitled to compensation and will be deductible from the final amount of the repairs due to the injured Passenger.
The payment of these advances or prepayments does not constitute an acknowledgement of liability and these sums may be deducted from amounts subsequently paid by the Carrier as compensation, depending on the Carrier’s liability.
This advance is not refundable unless it is proven that the negligence or other prejudicial act or omission of the person claiming compensation or of the person from whom he or she derives his or her rights caused or contributed to the Damage, or when the person to whom the advance was paid was not entitled to compensation.
(b) Delay:
I. Characteristics of reparable Damage
Delay is not in itself a source of Damage, subject to applicable regulations. Only proven direct and foreseeable Damage resulting directly from a delay is compensable, to the exclusion of any indirect or unforeseeable Damage and any form of non-compensatory compensation.
The Passenger must establish the existence of the Damage resulting directly from the delay.
II. Scope of the Carrier’s liability
Subject to applicable regulations, the Carrier shall not be liable for Damage resulting from delay if it proves that it, its servants or agents took all measures that could reasonably be required to avoid the Damage or that it was impossible for them to take such measures.
The Carrier shall not be liable for Damage resulting from delay if such delay is attributable to the Passenger or if the Passenger has contributed to the delay, i.e. if the Damage results in whole or in part from the negligence, a prejudicial act or omission of the person claiming compensation or of the person from whom he/she derives his/her rights.
III. Scope of compensation
In the event of Damage suffered by Passengers as a result of delay, and subject to any other applicable regulations, the Carrier’s liability is limited to the sum of 5,346 SDR per Passenger. The amount of compensation will be determined according to the Damage proven by the Passenger.
(c) Baggage:
The Carrier is liable for Damage arising from the destruction, loss or damage of Checked Baggage when the accident which caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
I. Exemptions from Carrier liability
The Carrier is not liable for Damage to a Passenger’s Baggage when such Damage is caused by Items contained in said Baggage. If the goods contained in a Passenger’s Baggage are the cause of a loss suffered by a third party or by the Carrier, the Passenger must compensate the Carrier for the losses suffered and the expenses incurred as a result.
The Carrier will not assume any particular liability, other than that provided for in sub- paragraph (II) below, for any Damage and/or loss caused to items mentioned in Article VIII(3) of these Terms and Conditions of Carriage, unless the Passenger has made a Special Declaration of Interest under the conditions provided for in Article VIII(8)(a) of these Terms and Conditions of Carriage and has paid the corresponding additional charges. The Carrier shall not be liable for Damage caused in whole or in part to Baggage as a result of the negligence, wrongful act or omission of the person claiming compensation from the person from whom he/she derives his/her rights.
II. Amount of reparable Damage
Except in the case of acts or omissions committed with the intention of causing Damage or recklessly, and with the knowledge that Damage could result, the Carrier’s liability in the event of destruction, loss, damage or delay of Checked Baggage is limited to the sum of 1,288 SDR per Passenger.
If a Special Declaration of Interest in Delivery has been made by the Passenger at the time of handing over the Checked Baggage to the Carrier, where applicable subject to the payment of a fare supplement, the Carrier shall be bound to pay up to the declared amount, unless it proves that it is greater than the Passenger’s actual interest in delivery.
If the weight of a Baggage item is not indicated on the Baggage Check, the total weight of Checked Baggage is deemed not to exceed the Baggage Excess authorized for the class of Carriage concerned, as specified by the Carrier to the Passenger. If a higher value has been declared, in accordance with paragraph 8 (a) of Article VIII of these Terms and Conditions of Carriage, the Carrier’s liability shall be limited to the declared value, unless it can prove that such value is higher than the Passenger’s actual interest in delivery.
For Unchecked Baggage admitted on board, and in particular personal effects, the Carrier’s liability may only be incurred in the event of proven fault on the part of the Carrier, its employees or agents. This liability will then be limited to 1,288 SDR per Passenger.
3. Stipulations applicable to domestic flights
a) For flights within the territory of Côte d’Ivoire, the regime applicable to the Carrier’s liability for Damage is that described in the WAEMU directives and regulations.
b) For domestic flights in a State other than Côte d’Ivoire, the regime applicable to the Carrier’s liability for Damage depends on the applicable Convention.
ARTICLE XVI: PROTEST AND LIABILITY PERIODS
1. Notification of protests for Checked Baggage
Receipt of Checked Baggage without protest by the Passenger within the specified time limits shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Checked Baggage has been delivered in good condition and in accordance with the Contract of Carriage. Any missing Checked Baggage must be reported to the Carrier as soon as the flight arrives. Any declaration made at a later date may not be considered.
In the event of Damage caused to Checked Baggage (destruction, damage), a written protest from the Passenger must be made to the Carrier as soon as the Damage is discovered and, at the latest, within seven (7) Days from the date on which the Checked Baggage was made available to the Passenger.
In the event of delay, this period is extended to twenty-one (21) Days from the date on which the Baggage was made available to the Passenger.
As soon as the written protest is received within the specified time limit, the Carrier will draw up a “damage or loss report”, possibly accompanied by reservations.
In the absence of a written protest within the stipulated time limit, all actions against the Carrier are inadmissible, except in the case of fraud on the part of the latter.
2. Liability action by Passengers
Any liability action against the Carrier must be brought, under penalty of prescription, within two (2) years from arrival at destination, or from the day on which the aircraft’s arrival was scheduled, or from the cessation of carriage. The method of calculating the time limit is determined by the law of the Court seized.
3. Claims
All claims or actions mentioned in paragraphs 1 and 2 above must be made in writing within the time limits indicated.
ARTICLE XVII: PROTECTION OF PERSONAL DATA
Air Côte d’Ivoire collects and processes certain personal data concerning you in the course of booking, purchasing tickets, executing the contract of carriage and using its services. This data may include your identification details, your contact details, your travel details, your preferences and any other data required to manage your relationship with the company.
The main purposes of data processing are to manage reservations and transport operations, to monitor customer relations, to meet our legal and regulatory obligations, to ensure flight safety and to prevent fraud.
By accessing our services, you consent to the processing of your personal data in accordance with our Privacy Policy, in strict compliance with applicable data protection legislation, in particular the Ivorian law on the protection of personal data and, where applicable, the laws of the countries in which we operate.
Your data may be shared, within the limits of what is strictly necessary, with service providers, partners or legally authorized authorities, as part of the performance of the contract or by virtue of a legal obligation.
For more information on your rights, the purposes of processing, the length of time your data is kept, and the recipients of your data, please consult our Personal Data Privacy Policy available on our website.
ARTICLE XVIII: AMENDMENT AND DELETION
No amendmenton, deletion or waiver of these Terms and Conditions of Carriage shall be made without the prior written consent of a duly authorized representative of the Carrier. No agent, employee or representative is authorized to modify or delete any of the stipulations herein.
Privacy policy
