General conditions of transport
For the purposes of these conditions and unless otherwise provided in the text, the following terms are applied with the meaning indicated below:
Accredited Agent: designates a natural or legal person approved by the Carrier to represent it in the sale of air tickets for Passengers on the services of the Carrier and, if authorized to do so, on the services of other Carriers.
Beneficiary: designates the passenger or any person entitled to claim compensation in respect of said passenger, in accordance with applicable law.
Pets: means the pet (dog or cat) accompanying, in the cabin or in the hold, the passenger who is either the owner, or a natural person who assumes responsibility for it on behalf of the owner during the journey.
Baggage: means the items, effects or other personal items of a passenger, intended to be carried or used by him, necessary for his comfort and well-being for the trip. Unless otherwise specified, this term refers to both registered baggage and unregistered baggage of the passenger.
Registered Baggage: refers to baggage for which the carrier has accepted custody and for which an Identification Card has been issued.
Unregistered Baggage: means any passenger baggage other than registered baggage. This Baggage remains in the custody of the Passenger.
Ticket: means a valid document establishing the right to transport, either in the form of an "individual or collective transport title", or by an equivalent means in immaterial form, issued or authorized by the air carrier or its accredited agent, and possibly completed with an identification card for registered baggage. It materializes the Contract of Carriage, and as such, includes these general conditions of carriage. It includes notices to passengers, as provided for in the Convention.
Complementary ticket: designates a ticket whose issue is made necessary due to the large number of coupons of a main ticket, the whole of which constitutes a single and same contract of carriage.
Electronic ticket: refers to the ticket saved by the carrier or at its request by a computer reservation system and evidenced 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 an authorized agent.
Carrier designation code: refers to the code assigned by IATA, identifying each carrier member of this organization in two or more alphabetical, numeric or alphanumeric characters and appearing on the ticket attached to the flight number.
General Conditions of Carriage: refers to these General Conditions of Carriage.
Charter contract: means the operation by which the Contracting Carrier (Contractual Carrier) delegates to another Carrier (Actual Carrier) the task of perform all or part of the transport. Also refers to the commercial agreement by which any other contracting party of the Passenger (for example a tour operator) entrusts a Carrier with the care of providing all or part of the transport.
Contract of Carriage: means the statements on the ticket, identified as such and including these general conditions of carriage as well as the notices to passengers. Specific rules may apply; they are accessible from the carrier's website on the market in question.
Convention: means each of the following official documents applicable to the contract of carriage:
- the Convention for the unification of certain rules relating to international carriage by air, signed in Warsaw on 12 October 1929;
- the Hague Protocol of September 28, 1955, amending the Warsaw Convention;
- the complementary convention of Guadalajara, of September 18, 1961;
- Montreal Protocols Nos. 1, 2 and 4 (1975), amending the Warsaw Convention;
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Montreal on May 28, 1999.
Coupon: designates either a paper flight coupon or an electronic coupon, each of which bears the name of the passenger scheduled to perform the flight identified on this coupon.
Flight Coupon: means the part of the ticket bearing the words “voucher for Carriage” or, in the case of an electronic ticket, the electronic coupon indicating the points between which the passenger must be transported.
Passenger coupon or passenger receipt: means the part of the ticket issued by the carrier or in its name, which is identified as such and must be kept by the passenger.
Electronic Coupon: designates an electronic flight coupon or any other document of the same value, saved on digital media in the carrier's computer reservation system.
Special Declaration of Interest: means the declaration made by the passenger at the time of handing over the baggage to be registered, specifying a value greater than that fixed as the limit of liability enacted by the Convention, and subject to the payment of an additional sum.
Damage: covers damage occurring in the event of death or bodily injury that a passenger may suffer or resulting from a delay, total or partial loss, or any other damage occurring as a result of air transport, as defined herein. After, or directly related to it.
Special Drawing Right (SDR): designates a unit of account of the International Monetary Fund (IMF), the value of which is determined periodically by the latter, based on the rate of several reference currencies.
Intermediate stops: refers to the points, with the exception of the points of origin and destination, indicated on the ticket or mentioned in the carrier's timetables as planned stopovers on the passenger's itinerary.
Baggage label or “tag”: refers to the part of the identification card affixed to registered baggage.
Identification card: means a ticket issued by the carrier for the sole purpose of identifying registered baggage and comprising a part affixed to the baggage ("baggage labels" or "tag") and another given to the passenger for the identification of said Baggage (“baggage receipt”).
Force majeure: refers to extraordinary and unforeseeable circumstances beyond the control of the party invoking it and which could not have been avoided despite all the diligence deployed.
Issuing fees or “ticketing fees”: refers to the fees invoiced, where applicable, to the passenger, by the carrier or its accredited agent in return for the service of issuing the ticket. Their amount is fixed by the issuer of the ticket (the carrier or the accredited agent, as the case may be).
Modification fees: (see “Service fees”) Refund fees (see “Service fees”)
Service charges: refers to the charges billed, where applicable, to the passenger by the carrier and/or by its accredited agent, in particular in consideration for the modification (“Modification costs”), reissuance (“Reissuance costs”) or refund ("Refund Fee") of a ticket. The passenger is informed by the carrier of the amount of the applicable Service Fees before the finalization of his reservation. The amount of these charges is available from the carrier or its authorized agent.
Baggage allowance: refers to the maximum quantity of baggage (in number and/or weight and/or dimension) fixed by the carrier with which each passenger can travel.
Registration Deadline (HLE): refers to the time limit, as indicated for each flight and before which the passengers must have completed their registration formalities and received their boarding or boarding pass.
Timetables or "timetable indicators": refers to the record of the departure and arrival times of aircraft, as mentioned in the timetable guides published by the carrier, or under its authority, or as brought to the attention of the public electronically.
IATA (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, to promote air trade and to study the problems related to it.
Itinerary/receipt: see “Travel memo”.
Days: designates the days of the calendar including the seven days of the week, it being understood that, in the case of a notification, the day of dispatch is not counted and that, to determine the period of validity of a ticket, the day of issue of the ticket or the day of departure of the flight is not counted.
Travel memo or "itinerary/receipt": means one or more documents that the carrier issues to the attention of the passenger which attest to the issue of an electronic ticket and which include his name, information on the flight and notices to passengers.
Notification to passengers: refers to all the information brought to the attention of passengers by the carrier, relating in particular to the progress of the trip, to any changes in flight times or dates, delivered by SMS, email, telephone call, publication on the website www.airmoana.pf and any other means of communication.
Security object: refers to any object which, for safety or security reasons, cannot be admitted to the cabin, under the terms of the regulations/legislation in force.
Passenger: designates any person, other than members of the crew, transported or to be transported by air, with the agreement of the carrier (with a ticket).
Passenger with Reduced Mobility: means any person whose mobility is reduced when using a means of transport due to a physical disability (sensory or musculoskeletal, permanent or temporary), an intellectual disability, age or any other cause of disability and whose situation requires special attention and adaptation to their needs of the services made available to all passengers.
Person entitled to compensation: means the passenger or any person entitled to compensation for said passenger, in accordance with applicable law.
Person entitled to compensation: designates the passenger or any person entitled to compensation for said passenger in accordance with applicable law and these General Conditions of Carriage.
Baggage receipt: refers to the part of the identification card issued to the passenger by the carrier, relating to the carriage of registered baggage.
Passenger receipt: (see “Passenger coupon”)
Carrier's regulations: means any 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 fares applicable on that date.
Reservation: means any transport request made by a passenger registered by the air carrier or its accredited agent.
Website: means the website www.airmoana.pf
Tag: (see “Baggage label)
Fares: designates the fare for transport booked by the passenger, in a booking class, for routes, routes and, where applicable, given dates.
Fare excluding tax or “Fare excluding taxes”: refers to the fare invoiced to the passenger, excluding taxes and issue costs.
Price inclusive of tax or “Price all taxes included”: refers to the fare excluding taxes, plus taxes.
Taxes: refers to the fees, taxes and charges imposed by a government, by the management of an airport, or by any other authority.
Air Carriage: means the carriage by aircraft of the passenger and his baggage within the meaning of the applicable Agreement.
Carrier: refers to SAS NATIREVA operating under the name “Air Moana” or any other carrier, whose designation code appears on the ticket or on an additional ticket.
Domestic flight or internal flight: refers to any flight whose origin and destination are located in French Polynesia. 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 stopover are located on the territory of at least two states notwithstanding the intermediate stopovers or changes of aircraft, or in a single state if an intermediate stopover is planned in another state.
The conditions of the contract of carriage are the conditions to which the passenger's ticket refers. Subject to the provisions of article 2.2 below, these general conditions of carriage apply to any flight, or portion of a flight, for which an Air Moana flight number (designator code NM) appears on the ticket or on the corresponding coupon. These general conditions of carriage also apply to free or reduced fare carriage, unless otherwise provided in the contract of carriage or in any other contractual document that binds Air Moana to the passenger.
All transport is subject to the general conditions of carriage and the fare rules of the carrier in force at the time of the passenger's reservation.
These general conditions of carriage are established pursuant to the Montreal Convention of May 28, 1999, and the European Community law in force applicable to Air Moana.
These general conditions of carriage can be consulted with Air Moana or its accredited agents and can be accessed on the Air Moana website.
If the transport is performed under a charter contract, these Conditions will apply only to the extent that the terms of the charter contract and charter ticket refer to them.
3. Predominance of law:
To the extent that any provision contained or referred to in these Terms is contrary to any law, regulation, requirement or governmental order which cannot be waived by agreement of the parties, such provision shall not apply. The non-validity of any of the provisions shall have no effect on the others.
a) The ticket attests, until proven otherwise, of the existence of a contract of carriage, both in its conclusion and in its content, between the carrier and the passenger whose name appears on the ticket.
b) The transport service is provided only to the passenger(s) named on the ticket. The carrier reserves the right to carry out documentary verification of the identity of these passengers. The passenger must thus be able to prove to the carrier, at any time during his trip, his identity as well as those for whom he is responsible.
c) A ticket is not transferable, subject to the applicable regulations in force, in particular concerning package travel. If a person other than the person to be traveled presents a ticket for transportation or refund, the carrier will not assume any responsibility, if in good faith it transported or refunded the person presenting the ticket.
d) Certain tickets, sold at specific fares, are partially or totally non-modifiables and/or non-refundables. It is the passenger's responsibility, when booking, to ensure the conditions applicable to the use of his ticket and, if necessary, to take out the appropriate insurance to cover the hypotheses in which he would have to cancel or modify his trip.
e) As the ticket is subject to mandatory formal conditions, it remains permanently the property of the carrier that issued it.
f) With the exception of an electronic ticket, the passenger can only be transported if he is able to present a valid ticket, containing the coupon corresponding to the flight concerned and the other unused flight coupons, as well as the passenger coupon. In addition, a ticket damaged or modified by a person other than the carrier or one of its accredited agents will not be valid for carriage. In the case of an electronic ticket, the passenger will be required to provide proof of identity and will only be transported on a flight if a valid electronic ticket has been issued in his name.
g) In the event of loss or damage to all or part of the ticket or failure to present a ticket containing the passenger coupon and all unused flight coupons, the carrier will replace, at the passenger's request, all or part of this ticket. This replacement will be made by issuing a new ticket provided that the carrier has, at the time of the request, proof that a valid ticket has been issued for the flight(s) concerned. If the proof mentioned above is not provided by the passenger, the reissuing carrier of the ticket may charge to the passenger the price including tax of the replacement ticket. This payment will be refunded when the carrier has proof that the ticket lost or damaged has not been used during its period of validity or, if during this same period of validity, the passenger returns to the carrier the ticket that he would have found.
h) It is the passenger's responsibility to take all measures to ensure that the ticket is neither lost nor stolen.
i) If the passenger benefits from a fare reduction or a fare subject to special conditions, he must be able, at any time during his trip, to provide the carrier's employees or agents with the required supporting documents justifying the allocation of this specific fare, and to demonstrate its regularity. Failing this, a fare readjustment corresponding to the difference between the fare including tax initially paid and the fare including tax that he should have paid will be made or the passenger may be refused boarding.
2. Validity period:
a) Unless otherwise provided either in the ticket or in these general conditions of carriage, or except in the case of fares affecting the period of validity of a ticket, as indicated to the passenger at the time of purchase of the ticket or on the ticket itself, a ticket is valid for transport:
• One year from the date of issue or,
• One year from the date of use of the first coupon, if this occurs within one year of the date of issue of the ticket.
b) When the passenger in possession of a valid ticket is prevented from traveling during the period of validity of his ticket because at the time when he requests a reservation on a flight, the carrier is not in a position to confirm the reservation desired by the passenger: - either the validity of this ticket will be extended, or the price including tax of the ticket will give rise to a refund, under the conditions provided for in article 14 below, even in the event where the ticket is non- refundable or the passenger will accept a fare readjustment in proportion.
c) When, after having started his journey, the passenger is prevented, for health reasons, from continuing it during the period of validity of the ticket, the carrier may extend the validity of the ticket until the date on which the passenger is able to travel again or until the date of the first available flight, provided that the passenger submits a medical certificate proving the health reasons which prevented him from continuing his journey and that these health reasons have not been known when booking. The extension referred to above will only begin at the point where the trip was interrupted and will be valid for carriage in the class of the fare initially paid. When the flight coupons not yet used include one or more voluntary stops, the validity of the ticket may be extended for a maximum of three months, from the date shown on the medical certificate provided. Similarly, Air Moana may extend, upon request, the validity of tickets for members of the immediate family accompanying the passenger, subject to compliance with the conditions of proof defined above.
d) In the event of the death of a passenger during his journey, the tickets of the persons accompanying the deceased may be modified, either by removing the concept of minimum stay, or by extending the period of validity of these tickets. In the event of death occurring in the immediate family of a passenger whose journey has begun, the validity of his tickets and those of the members of his immediate family traveling with him may be modified in the same way. Any changes mentioned above can only be made after receipt of a valid death certificate. The above extension mentioned will only start at the point where the trip was interrupted and will be valid for carriage in the class of the fare including tax paid. Any extension may not exceed forty-five (45) days from the date of death.
3. Force majeure invoked by the passenger:
If the passenger has a ticket as described in Article III.1(d) above, which he has not used or has used partially, and is unable to travel for a reason of force majeure, as defined in article 1, the carrier will grant the passenger a credit note corresponding to the fare including tax (or fare excluding tax if the taxes are subject to a separate refund) of his ticket not refundable and/or non-changeable, valid for one year, usable for subsequent travel on the carrier's flights and subject to applicable service charges, provided that the passenger notifies the carrier, as soon as possible, and provides the evidence of this case of force majeure.
4. Order of use of flight coupons:
The rules defined in this paragraph may change depending on the place of residence, origin and destination of the trip.
a) The fare including tax set according to the data, flight dates and routes mentioned on the ticket corresponds to a point of departure and a point of destination, via any intermediate stopover planned when the ticket was purchased and is an integral part of the contract of carriage. The fare applied on the date of issue is only valid for a ticket used in full respecting the order and dates of the reserved route (sequential order of flight coupons).
b) Except in cases of force majeure, any non-compliant use by the passenger (for example, if the latter does not use the first coupon or does not use the coupons in their order of issue) will result in the payment with customer service of a flat fare supplement at the time of registration for the next coupon (from 30 hours before departure), at an Air Moana agency or at the airport.
5. The changes the passenger wishes to make:
Any changes that the passenger wishes to make are subject to the fare conditions assigned to his ticket and to the payment of the applicable service charges.
6. Carrier Identification:
The identification of the carrier may appear abbreviated on the ticket, by means of its designation code (as defined in Article I). The address of the carrier is considered to be that of the registered office or main place of operation.
Ticket fares apply only to carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise specified. The fare will be calculated in accordance with the fares in effect on the date of reservation of the ticket, for a trip scheduled on the dates and for the itinerary indicated on this ticket. Any change in itinerary or travel date may affect the applicable fare. The applicable fares are those published by the carrier or calculated by the latter in accordance with the fare rules in force on the date of purchase of the ticket reservation, for the flight or flights indicated from the point of departure to the point of destination, for a given transport class ? When booking, the passenger is informed of the price including VAT of the ticket and the issue costs as well as the overall price of the ticket (together with the price including the tax and the issue costs).
2. Fees, taxes and charges:
Any fees, taxes or charges imposed by a government, by any other authority or by the management of an airport will be borne by the passenger. When booking the ticket, the passenger will be advised of these costs, taxes or fees, which are added to the price excluding tax of the ticket and appearing separately on the ticket. These fees, taxes and charges may be created or increased by a government, by another authority or by the operator of an airport after the date of reservation of the ticket. In such a case, the passenger will have to pay the corresponding amount. On the contrary, if fees, taxes or charges are reduced or eliminated, the passenger will be reimbursed for the reduced or eliminated amounts under the conditions defined in Article XIV. In the event of the passenger renouncing to travel on a flight for which he has a confirmed reservation, this passenger will benefit from the reimbursement of these taxes, airport charges and other aforementioned costs, the payment of which is linked to the effective boarding of the passenger in accordance with to the applicable regulations.
3. Issuance costs charged by the carrier:
Issuance fees may be charged to the passenger by the carrier in return for the service of issuing the ticket. Issuance costs are of a different amount depending on the fare and the distribution channel of the ticket. These costs are added to the price including VAT. Issuance costs charged, where applicable, by the carrier are non-refundable, except in the case of cancellation of the ticket due to fault on the part of the carrier. The passenger is informed before the finalization of his reservation of the amount of the emission costs which are charged to him by the carrier. The amount of the issue costs charged by Air Moana can be consulted with its services and on its website.
4. Currency of payment:
Tax excluded fares, taxes, issuance fees and service charges are payable in the currency of the country where the ticket has been purchased, unless another currency is specified by the carrier or its authorized agent at the time of the purchase of the ticket or earlier (for example, due to the lack of convertibility of the local currency). In addition, the carrier may, at its discretion, accept payment in another currency.
5. Obviously incorrect price – pricing error:
The carrier draws the passenger's attention to the fact that it may happen that a fare error affects the price of the reservation. In accordance with applicable law, the carrier may cancel any reservation in the event of a display error or technical error that makes the price of the reservation manifestly incorrect or derisory.
Certain fares may be subject to conditions which limit or exclude the possibility of modifying or canceling reservations. If the passenger has not made payment for his ticket before the scheduled issue deadline, as indicated by the carrier or its authorized agent, the reservation may be canceled and the seat assigned to another passenger, without this binding the responsibility of the carrier.
The passenger must imperatively provide the carrier when booking or at the latest when checking in, a mobile phone number or an e-mail address where he can be contacted. When the reservation is made by an accredited agent, the passenger accepts that this information is communicated by the accredited agent to the carrier. The passenger is informed that if this information has not been communicated to the carrier, he will not be able to benefit from his right to information in the event of flight irregularities.
Air Moana provides the public with a booking tool and booking assistance available on the website www.airmoana.pf. Some specific services cannot be booked online. For more information, contact the Air Moana agency or the distance selling unit.
The data communicated by the passenger is mainly used for reservation purposes and ticket purchase, specific services in connection with the provision of transport, prospecting, loyalty, animation and commercial information, and statistical production. The data collected may be communicated to the authorized personnel of the carrier, its partners or its ancillary service providers, within the framework of the fulfillment of all or part of the purposes referred to above, regardless of the country where they are located.
In accordance with article L.232-7 of the internal security code, the carrier may be required to transmit the reservation, registration and boarding data of its passengers (API/PNR) to the French administration, according to the processing methods and for the purposes set out in Decree No. 2014-1095 of 09/26/2014 amended by Decree 2018/714 of 08/03/2018.
The carriage of unaccompanied children, passengers with reduced mobility and ill persons or any other person requiring special assistance may be subject to special conditions. 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 the reservation or, according to the applicable regulations, less than 48 hours before departure, the carrier will of course make every effort to satisfy it in accordance with the applicable regulations, taking into account in particular the time allowed and specifics of the assistance requested. If the passenger has a medical history or a particular condition of health, it is his responsibility to consult a doctor before boarding a flight, and to take all the precautions necessary for the smooth progress of the flight.
Registration deadlines (HLE)
The HLEs vary from one airport to another. The passenger must imperatively respect the HLE in order to facilitate his trip and prevent his reservations from being cancelled. The carrier or its accredited agent will provide the passenger with the necessary information on the HLE of the first flight on its network.
The passenger must arrive sufficiently early before the departure of the flight, in order to be able to complete all the necessary formalities for his trip and, in any case, he must respect the HLE. Failing this or if he does not appear with the documents allowing his registration and that the passenger is therefore unable to travel, the carrier may cancel the reservation of the passenger, without any liability towards the passenger.
The passenger must be present at the boarding gate before the boarding time indicated during registration. The carrier may cancel the passenger's reservation if the latter is not present at the boarding gate indicated to the passenger, without any liability towards the passenger.
The carrier cannot be held liable in any way, in particular for any loss, damage or expense, if the passenger has not complied with the conditions of this article.
The carrier may, at any point of embarkation and/or connection, refuse to transport the passenger and his baggage, if one or more of the following cases has or is likely to occur:
a) The passenger has not complied with the applicable regulations.
b) The transport of the passenger and/or that of his luggage could endanger the safety, health, salubrity, good order on board the aircraft, in particular if the passenger uses intimidation, has a behavior or uses abusive and/or insulting language towards passengers or staff.
c) The physical or mental condition of the passenger, including a condition caused by the consumption of alcohol or the taking of drugs or medication, could present a danger or even a risk for himself, other passengers, the crew, or property.
d) The passenger has particularly threatened the interests of the carrier and its personnel or has compromised or attempted to compromise their safety or that of the passengers, in particular when booking tickets, when registration or boarding the flight, aboard a flight or during a previous flight. In this case, the carrier is entitled to cancel any unused part of the ticket subject to the applicable regulations, to refund the price paid by the passenger or only the related taxes.
e) The carrier has notified the passenger in writing of its inclusion on the list of persons prohibited from boarding the carrier's aircrafts for subsequent journeys to any point in the network. In such a case, the refund of the unused ticket will be granted even if the ticket is non-refundable.
f) The passenger is unable to prove that he is the person named in the “passenger name” box of the ticket.
g) The passenger (or the person who paid for the ticket) has not paid the current fare including VAT and/or the issue fees and/or the applicable taxes.
h) The passenger does not appear to have valid travel documents, or his travel documents are outdated, incomplete with regard to the regulations in force, or fraudulent (identity theft, falsification or counterfeiting of documents).
i) The ticket presented by the passenger: - was acquired fraudulently or purchased from an organization other than the carrier - or its authorized agent, or was listed as a lost or stolen document, or - was falsified or counterfeited, or – has a flight coupon that has been altered or altered by someone other than the carrier or its authorized agent.
j) The passenger refuses to pay an additional fare and/or service charge.
k) The passenger refuses to pay an additional fare.
l) The passenger has not observed the instructions and regulations concerning security or safety.
m) A 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.
1. Obligations of the passenger
a) The passenger declares to have full knowledge of the contents of each of his baggage.
b) The passenger agrees not to leave baggage unattended from the time he has packed it and not to accept items from another passenger or any other person.
c) The passenger undertakes not to travel with luggage entrusted by a third party.
d) Passengers are advised to ensure that their baggage is properly and securely packed and protected in suitable containers so as not to damage their objects and materials as well as the baggage of other passengers or the carrier's aircraft.
2. Objects not allowed
The passenger must not include in his baggage any object the carriage of which is prohibited or restricted by the applicable regulations and the law in force in any state of departure, overflight or transit, including in particular:
a) Objects likely to constitute a danger to the aircraft, persons or property on board, such as those specified in the hazardous materials 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's services); these include explosives, pressurized gases, oxidizing, radioactive or magnetized substances, flammable substances, toxic or corrosive substances, liquid substances of any kind (with the exception of liquids carried in hand luggage and intended for personal use of the passenger during his trip).
b) Objects whose weight, dimensions, configuration or nature make them unsuitable for transport, taking into account, in particular, the type of aircraft used. Information on these objects will be provided, upon request, to the passenger.
c) Firearms and ammunition other than those intended for hunting or sport, which, to be admitted as registered baggage, must be unloaded, suitably packed and have the safety catch engaged. The carriage of ammunition is subject to ICAO and IATA hazardous materials regulations as set out in paragraph (a) above.
d) Edged weapons, thrusting weapons, aerosols that can be used as weapons of attack or defense, collector's weapons, swords, knives and other weapons of this type. This type of object cannot, under any circumstances, be transported in the cabin.
e) Live animals, except pets and subject to compliance with the conditions referred to in Article 9IX.
3. Right of inspection
For security and/or safety reasons and/or at the request of the authorities, the passenger may be asked to carry out a search or check (X-ray type or other) of his baggage. If the passenger is not available, his baggage may be registered or searched in his absence, in particular with a view to checking whether it contains the objects referred to in article II above. If the passenger refuses to comply with such requests, the carrier may refuse to carry him and his baggage.
4. Right to refuse carriage of baggage
The carrier may, for security and/or safety reasons, refuse to transport or continue to transport the passenger's baggage if it contains the items listed in article II above or if the passenger has not complied with the obligations set out in Article I (a), (b) and (c).
a) The carrier has no obligation to take on deposit refused baggage and/or items.
b) The carrier may refuse, for reasons including security, safety, salubrity, to transport any object incompatible with air transport due to its dimensions, shape, weight, content, configuration or its nature, or refuse to continue transporting, if it discovers them during the journey.
c) The carrier may refuse to carry baggage for which the passenger has refused to pay the additional fare.
d) The carrier will not accept the carriage of animals without the documents required by the applicable regulations.
e) The carrier may refuse to transport in the hold baggage that has not been handed over by the passenger to the carrier before the HLE.
5. Registered Baggage
The carrier may, for security and/or safety reasons, refuse to transport or continue to transport the passenger's baggage if it contains the items listed in article II above or if the passenger has not respected:
a) Passenger shall deliver baggage to the carrier's registration counters for check-in prior to HLE.
b) As soon as the passenger has handed over his baggage at registration under the aforementioned conditions, the carrier will take care of it and will issue the passenger a baggage receipt for each piece of registered baggage.*
c) The passenger must affix his personal details on his registered baggage.
d) Registered baggage will, whenever possible, be carried on the same aircraft as the passenger, unless, for operational or safety and/or security reasons, the carrier decides that it will be carried on another flight. If this is the case, the carrier will deliver the baggage concerned to the passenger, unless the applicable regulations provide that the passenger must be present for a customs control.
e) Registered baggage must be packed to protect its contents and to withstand normal handling.
f) Subject to applicable regulations, the passenger must not include in his baggage fragile or perishable articles or articles of value such as: currency, jewelry, works of art, precious metals, silverware, valuables or other precious objects, optical or photographic devices, computers, electronic and/or telecommunications equipment or devices, musical instruments, passports and identity documents, keys, papers of business, manuscripts or titles, individualized or fungible, etc.
g) Subject to applicable regulations, passengers are advised not to include in their checked baggage the medication they are carrying.
6. Baggage allowance
The baggage allowance corresponds to the carriage in the hold of a quantity of baggage limited by the passenger in number and/or weight and/or size, determined according to the destination, the fare paid and is indicated on the ticket
a) The passenger may travel with checked baggage exceeding the free baggage allowance, subject to the payment of a fare supplement and the aircraft's carrying capacity. The conditions relating to this fare supplement are available from the carrier, its accredited agents and on the Air Moana website.
b) In any event, checked baggage may not exceed a maximum weight per passenger. Information relating to this maximum weight is available from the carrier, its accredited agents and on the Air Moana website.
c) The passenger can obtain all useful information concerning this baggage allowance from the carrier, its accredited agents and on the Air Moana website.
7. Baggage collection and delivery
a) It is the passenger responsibility to remove their checked baggage as soon as it is made available to him at the destination or stopover points. If the passenger does not collect them within three months of their availability, the carrier may dispose of them, without incurring any liability towards the passenger.
b) Only the bearer of the baggage receipt is authorized to collect checked baggage.
c) If a person claiming baggage is unable to produce the baggage receipt, the carrier will only release the baggage to him on condition that he establishes his rights thereto in a satisfactory manner.
d) Acceptance of baggage by the bearer of the baggage receipt without protest on his part at the time of delivery constitutes a presumption, unless proven otherwise, that the baggage has been delivered in good condition in accordance with the contract of carriage.
8. Unregistered Baggage
a) All tickets allow the carriage in the cabin of a small quantity of unregistered baggage limited in number and/or weight and/or size. If this information has not been specified to the passenger, only one piece of unregistered baggage will be accepted and the unregistered baggage must be able to be placed under the seat in front of the passenger or in a closed storage space provided for this purpose. The need to check baggage in the hold by the carrier due to the passenger's failure to comply with the aforementioned terms may, where applicable, result in an additional fare for the passenger. Some baggage that the passenger wishes to keep in the cabin may, for reasons of safety and/or security, operation or aircraft configuration, at any time before flight departure, be refused in the cabin, and must be boarded as registered baggage.
b) Baggage or objects that the passenger does not want transported in the holds (such as fragile musical instruments or other) and which do not comply with the dimensions and/or oversize or weight, cannot be accepted in the cabin. Only if the carrier has been duly informed by the passenger prior to his check-in and if he has given his authorization. The transport service of said luggage may then be subject to a fare supplement, according to the fare terms of the carrier, which can be consulted at this one.
c) The passenger is responsible for personal effects and unregistered baggage that he keeps in the cabin. In the event of destruction, theft, loss or damage to personal effects and unregistered baggage, the carrier's liability may only be incurred if a fault on its part, its employees or its agents is proven, this liability then being limited to the amount defined in the general conditions of carriage.
a) The transport of pets traveling with the passenger is subject to the prior and explicit acceptance of the carrier.
b) The number of pets that can be carried is limited per flight and per passenger.
c) With regard to the regulations in force, certain categories of pets are prohibited from transport. Information relating to these categories is available upon request from the carrier, its accredited agents and on the Air Moana website.
d) The passenger must be able to present the documents relating to his pet in order, as required by the authorities of the point of departure, reception or transit, such as in particular: passport, health certificates, vaccination and license of entry or transit.
e) The pet and its crate are not included in the free baggage allowance; the passenger will have to pay a fare supplement, the conditions of which are available from the carrier.
f) Assistance dogs and their crate accompanying passengers with reduced mobility will be carried free of charge in addition to the baggage allowance, in conformity with the carrier's rules, available upon request.
g) In the event of fraud, absence or irregularity of the required documents or even if the container intended for the transport of the pet is not in conformity, the carrier will not assume any responsibility for the injuries, losses, delays, illnesses or death of animals transported resulting from these failures, unless the fault or negligence of the carrier is the cause. Passengers traveling with animals who do not respect the applicable regulations will have to reimburse the fines, losses, repairs and all kind of costs incurred as a result of such situation.
h) The passenger can obtain all useful information concerning the carriage of pets and in particular the fare supplement from the carrier, its accredited agents and on the Air Moana website.
10. Pets traveling in the cabin
a) Only pets and their crate not exceeding a weight set by the carrier may be accepted in the cabin. Assistance dogs will be accepted in the cabin, subject to applicable regulations.
b) The pet must be placed in a kind of luggage provided for this purpose, closed, fully containing the animal and in which it can stand up, turn around and breathe easily and freely.
c) The passenger agrees not to remove the animal, even partially, from its container for the duration of the flight.
11. Pets traveling in the hold
The pet must be placed in a "shell" crate, made of rigid plastic or fiberglass and approved by IATA (International Air Transport Association).
The flights and flight times indicated in the time indicators have no contractual value and are only intended to inform the passenger of the flights offered by the carrier. These hourly indicators are not final and are subject to change after the date of their publication.
However, the flight schedules reproduced on the ticket are deemed, subject to modification for reasons beyond the carrier's control, to form an integral part of the contract of carriage.
It is the passenger's responsibility to provide the carrier with his contact details so that he can be contacted in the event of a change in scheduled times as shown on the ticket.
The carrier will take all necessary measures to transport the passenger and his baggage without delay. In this context, and in order to avoid the cancellation of the trip, the carrier may have to offer the passenger to be transported on another aircraft or to make the trip on the flights of another carrier and/or by any means of transport, including to/from another airport.
In the event of flight cancellation or delay, and when the passenger has a single transport contract (within the meaning of the convention), the carrier will implement all the provisions of the regulations applicable in the matter.
Subject to applicable law, the carrier will process claims for compensation made by a third party (other than its legal representative (for minors and incapable adults) or another passenger on the same reservation) only if the passenger, has previously formulated his (their) complaint by means of the form available on the carrier's website and granted him a period of 28 days to respond.
This also does not prohibit the passenger from taking advice from a lawyer or a third party before submitting his complaint directly to the carrier.
The passenger or his legal representative agrees not to assign any right to compensation, damages or reimbursement that he may hold against the carrier. Subject to applicable law, any assignment of a right to compensation, damages or reimbursement against the carrier to a third party would be null and void.
In accordance with the procedures of the carrier, the payment of the compensation will be made by transfer to the bank account of the passenger or his legal representative.
If, due to a scheduled overbooking, the carrier is unable to allocate a seat to the passenger, when the latter has a confirmed reservation, a valid ticket and has presented himself at registration and boarding within the time limits and conditions required, the carrier will grant the compensation provided for, where applicable, by the regulations applicable in the matter.
Refund of a ticket, in whole or in part, will be made according to the terms defined in this article, in accordance with the fare conditions of the ticket and, in any event, with the regulations applicable in the matter.
The refund, if authorized by the fare conditions of the ticket, will be made on the basis of the fare including VAT of the ticket paid.
Request to obtain a refund for the ticket must be made to the ticket issuer (carrier or accredited agent, as the case may be).
The carrier may refuse to refund any ticket:
a) If the request is made after the expiry of the validity date.
b) Who satisfies the legislative or regulatory obligation to possess a ticket allowing the passenger to leave the country, unless the passenger provides sufficient information to establish that he is authorized to stay in the said country or that he will leave using another carrier, or by any other means of transportation.
c) Whose holder has not been admitted by the destination or transit authorities of the planned route, and if the passenger has therefore been returned to his point of embarkation or to any other destination.
d) A stolen, falsified or counterfeit ticket.
e) When the carrier has refused carriage to its holder, with the exception of the passenger registered on the list of persons prohibited from boarding the carrier's aircraft.
Refunds are subject to the applicable regulations of the country in which the ticket was originally purchased and/or the applicable regulations of the country in which the refund must be made.
On board the aircraft, a passenger must not behave in a manner likely to bother, disturb, threaten or endanger one or more persons, property, or the aircraft itself. As such, the passenger must not prevent the crew from fulfilling their duties and must submit to the directions, instructions and recommendations of the latter aimed at ensuring the safety and security of the aircraft, the smooth running of the flight as well as passengers comfort.
For security reasons, the carrier may prohibit or limit the use on board of electronic devices, such as cellular telephones, laptop computers, portable recorders, portable radios, electronic games or transmitters, as well as all radio-controlled games and walkie-talkies, except hearing aids and pacemakers.
On board the aircraft, smoking is strictly prohibited.
Consumption of personal alcohol is not permitted on board.
The taking of videos and/or photographs is prohibited on board the aircraft.
If the passenger does not comply with the terms of this article, the carrier may be required, in accordance with legislative and regulatory provisions, to take any appropriate and reasonably necessary measure. For this purpose, the carrier may in particular disembark the passenger and/or option to coercive measures at any time during the flight.
If the passenger does not comply with the provisions of this article and commits an offense or wrongdoing on board the aircraft, the carrier reserves the right to take action against this passenger. He may also be included on the list of persons prohibited from boarding the carrier's aircrafts.
When the carrier offers land or maritime transport services (limousine, bus, boat…), different liability regimes apply to this surface transport. Conditions of carriage and liability regimes are available upon request from the carrier.
The air carrier is not liable for damage to passengers and their baggage during transport by road or sea.
The air transport to be completed by several successive carriers, under cover of a single ticket or several tickets issued jointly, is deemed to constitute for the application of the agreement a single transport when it has been considered by the parties as a single operation.
When the carrier is the issuer of the ticket or the one named first on the jointly issued ticket, in the case of successive carriage, the carrier will only be liable for the part of the carriage completed by its own means.
In the event of destruction, loss, damage or delay of the baggage, the passenger or his legal successors may take action against the carrier who carried out the transport during which the incident or delay occurred. The passenger may also appeal against the first and last carrier.
a) The passenger is required and it is his responsibility to obtain all the documents, visas and special permits necessary for his trip and, where applicable, that of his minor children and/or the passengers for whom he is responsible and /or pets with which he travels, as well as to comply with the applicable regulations of the states (of departure, destination and transit), and the carrier's instructions.
b) The carrier cannot be held responsible for the consequences that the passenger would suffer in the event of non-compliance with these obligations.
1. Travel documents
a) The passenger is required to present all entry, exit and transit documents, as well as the health documents and other documents required by the regulations in force in the states of departure, destination and transit. The passenger is also required to send the carrier and/or allow him to take a copy of these documents, if necessary, or to note the information contained therein.
b) The carrier reserves the right to refuse carriage if the passenger does not comply with the regulations or if the carrier has doubts about the validity of the documents presented.
c) The carrier cannot be held responsible for the consequences (in particular losses or costs) that the passenger would suffer for not having complied with the applicable regulations.
2. Refusal of entry
If admission to a territory is refused to a passenger, the latter will have to pay all costs and fines that would be imposed by the local authorities on the carrier as a result, as well as the price including tax of the transport in the event that the carrier should, following a government injunction, bring it back to its point of origin, or elsewhere. The ticket purchased for transport to the destination whose entry into the territory has been refused will not be reimbursed by the carrier.
3. Passenger's responsibilities for fines, detention costs, etc…
If the carrier has to pay or deposit the amount of a fine or penalty or incur expenses of any kind as a result of non-compliance -whether voluntary or not- by the passenger with the law in force in the states concerned, or following the failure to produce the required documents, or the presentation of non-compliant documents, the passenger must, at the carrier's request, reimburse the amounts thus paid or deposited and the expenses incurred. The carrier may use for this purpose any sum paid to for not performed carriage, or any sum belonging to the passenger of which the carrier is the holder.
4. Customs controls
a) The passenger may be asked to attend the inspection of his baggage (delayed, registered or unregistered) at the request of customs or any other governmental authority. The carrier cannot be held liable for damage or loss suffered by the passenger on this occasion, in particular if the latter refuses to attend the inspection of his baggage.
b) The passenger must indemnify the carrier if any act, omission or neglect on his part causes damage to the carrier due in particular to the non-observance of the provisions of this article or of the authorization given to the carrier to carry out the inspection of his luggage.
5. Security screening
a) The passenger is required to submit to the safety (and security) checks required by the government or airport authorities as well as at the request of the carrier.
b) The carrier cannot be held liable for having refused to transport a passenger, in particular in the event that this refusal is based on the intimate conviction that the law, the regulations and/or the applicable requirements required this refusal.
The carrier's liability will be determined by the general conditions of contractual transportation, unless otherwise notified to the passenger. If the carrier's liability is engaged, it will be under the following conditions:
a) Carriage performed under these general conditions of carriage is subject to the liability rules set forth by the Montreal Convention of May 28, 1999, and Regulation of the European Parliament and of the Council (EC) No. 889 of May 13, 2002 amending the Council Regulation (EC) No. 2027 of October 9, 1997 relating to the liability of air carriers with regard to the carriage of passengers and their baggage.
b) The carrier is responsible for the damage occurring in the event of death or bodily injury solely when the accident which caused the death or bodily injury occurred on board the aircraft or during any boarding operations or landing within the meaning of Article 17 of the convention.
To the extent that the following does not override the other provisions of these terms, and whether or not the convention is applicable:
a) The carrier's liability is limited to damage occurring during air transport for which its designation code appears on the coupon or ticket corresponding to the flight. When the carrier issues a ticket for a transport service provided by another carrier or when it registers baggage on behalf of another carrier, the carrier only acts as agent for the latter. However, with regard to registered baggage, the passenger has a right of recourse against the first or last carrier involved in his journey.
b) Carrier's liability shall not exceed the amount of proven direct damages and the carrier shall in no way be liable for consequential damages or any form of non-compensatory damage.
c) The carrier cannot in any way be held liable for damage resulting from the carrier's compliance with any legal or regulatory provisions (laws, regulations, decisions, requirements and provisions) or from the non-compliance with these same provisions by the passenger.
d) The carrier cannot be held liable in the event of damage to unregistered baggage, unless such damage results directly from the fault of the carrier or one of its employees or agents, which must be proven by the passenger who invokes it.
e) The carrier is not liable for any illness, injury or disability, including death of a passenger, due to the physical condition of the passenger or for any worsening of this same condition.
f) The contract of carriage, including these general conditions of carriage and any exclusions or limitations of liability set forth therein apply to and benefit carrier's accredited agents, employees and representatives who acted in the performance of their duties, its managers and to the owner of the aircraft used by the carrier, as well as to the agents, employees and representatives of this owner. The total amount recoverable from the aforementioned persons may not exceed the amount of the carrier's liability.
g) If neglect or other wrongful act or omission of the person claiming compensation or of the person from whom he derives his rights has caused or contributed to the damage, the carrier will be wholly or partially exonerated from its liability for damages towards this person, including the event of death or bodily injury according to the law in force.
h) Except as expressly agreed, none of the present provisions shall waive the exclusion or limitation of liability of the carrier, the owner whose aircraft is used by the carrier, their agents, employees, or representatives, in accordance with the agreement and applicable law.
Provisions applicable to international and domestic flights
1. Bodily injury:
a) In accordance with Article 17 § 1 of the Montreal Convention of 28 May 1999, the carrier is liable for damage occurring in the event of death or bodily injury suffered by a passenger, when the accident which caused the damage occurred on board the aircraft or during any embarkation and disembarkation operation, within the meaning of the said convention, and subject to the cases of exemptions from liability.
b) The carrier will not be liable for damage if it provides proof that:
- The death or bodily injury that occurred resulted from the passenger's condition of health, physical or mental condition, and prior to boarding the flight.
- The damage was caused, in whole or in part by the negligence, wrongful act or omission of the person seeking compensation or of the person from whom he derives his rights, according to article 20 of the Montreal Convention of 28 May 1999.
- The damage is not due to the negligence or other wrongful act or omission of the carrier, its employees or agents, to the extent that the amount of the damage exceeds 128.821 SDR per passenger according to article 21 § 2 (a) of the Montreal Convention of May 28, 1999.
- The damage results solely from the negligence, other act or omission of a third party, to the extent that the amount of the damage exceeds 128,821 SDR per passenger according to Article 21§ 2 (b).
c) Amount of reparable damage: *
- The amount of the carrier's liability in the event of the death or bodily injury of a passenger is not subject to any limitation. The amount of the reparable damage will cover the repair of the damage, as it will have been fixed by amicable agreement, by way of expertise or by the competent courts.
- Within the framework of these provisions, the carrier will only compensate the passenger beyond the amounts received by the latter, under the social security scheme to which it is affiliated and only for compensatory damages.
d) The carrier reserves all rights of recourse and subrogation against any third party.
e) In the event of death or bodily injury resulting from an air accident, within the meaning of Article 17 of the Montreal Convention of 28 May 1999 and pursuant to Article 5 of the Rules of Procedure of the European Parliament and of the Council ( EC) No. 889 of May 13, 2002 amending Council Regulation (EC) No. 2027 of October 19, 1997, the person identified as entitled may benefit from an advance allowing him to meet his immediate needs, in proportion to the material damage suffered. This advance will not be less than the equivalent in Euros of 16,000 SDRs per passenger in the event of death. Subject to the law in force, this advance will be paid within 15 days of the identification of the beneficiary and will be deductible from the final amount of the repairs due to the deceased passenger. Under the terms of Article 5 of Regulation No. 889 of May 13, 2002 and Article 28 of the Montreal Convention of May 28, 1999, the payment of these advances or prepayments does not constitute an acknowledgment of liability and these sums may be deducted from the amounts subsequently paid by the E.U. air carrier by way of compensation, depending on the liability of the latter. This advance is not reimbursable except where damages or of the person whose rights they hold caused the damage or contributed to it. Or when the person to whom the advance was paid, was not entitled to compensation.
a) Characteristics of reparable damage:
- Only direct, proven damage resulting directly from a delay is reparable, excluding any indirect damage and any form of damage other than compensatory damage.
- The passenger will have to establish the existence of the damage resulting directly from the delay.
b) Extent of Carrier's Liability:
- Carrier shall not be liable for damage resulting from delay if it proves that it, its employees, or agents took all measures which could reasonably be required to avoid the damage or that it was impossible for him to take such measures.
- The carrier is not liable for damage resulting from the delay, if this delay is attributable to the passenger or if he contributed to it, that is to say if the damage results in whole or in part, from negligence, a wrongful act or omission of the person seeking compensation or of the person from whom he derives his rights.
c) Extent of compensation:
- In the event of damage suffered by passengers resulting from a delay, as defined by the Montreal Convention of May 28, 1999, and with the exception of acts or omissions of the carrier or employees committed with the intention of causing damage or recklessly and with the knowledge that damage could result, the carrier's liability is limited to the sum of 5,346 SDRs per passenger. The amount of compensation will be determined based on the damage proven by the passenger.
- In the event of damage resulting from a delay in the delivery of registered baggage, and except for acts or omissions done with intent to cause damage or recklessly and with knowledge that damage could result, the carrier's liability is limited to 1,288 SDRs per passenger. A fixed compensation (intended to cover the costs of basic necessities) may be allocated to the passenger.
a) In accordance with Article 17 of the Montreal Convention of 28 May 1999, the carrier is liable for damage occurring in the event of destruction, loss or damage to registered 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 registered baggage.
b) Exemption from the carrier's liability:
- the carrier will not be liable for damage to the passenger's baggage when this damage results from the nature or an inherent defect of said baggage. If the goods contained in the passenger's baggage are the cause of damage to another person or to the carrier, the passenger must indemnify the carrier for all losses suffered and expenses incurred as a result.
- The carrier will not assume any special responsibility, other than that provided for in sub-paragraph (c) below, for any damage and/or loss caused to fragile or valuable articles, or objects packed in an inadequate manner, except if the passenger has made a special declaration of interest and has paid the corresponding fare supplement.
* The carrier will not be liable for damage caused in whole or in part, to luggage, due to the negligence, an act or a prejudicial omission of the person who seeks compensation or of the person from whom he holds his rights.
c) Amount of compensable damage:
- For registered baggage and with the exception of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage could result, the liability of the carrier in the event of damage will be limited to 1,288 SDRs per passenger. If a higher value has been declared, the carrier's liability will be limited to the declared value unless he can provide proof that this value is greater than the actual interest of the passenger in delivery.
* For unregistered baggage admitted on board, the carrier's liability may only be incurred in the event of proven fault on the part of the latter, its employees or agents. This liability will then be limited to 1,288 SDRs per passenger.
1. Notification of Baggage Protests:
a) Receipt of Registered Baggage without protest by the Passenger within the time allowed will constitute a presumption, unless otherwise proven by the passenger, that the baggage was delivered in good condition and in accordance with the contract of carriage. Any missing baggage must be reported to the carrier upon arrival of the flight. Any declaration made subsequently may not be taken into account. Similarly, any object found missing in the baggage must be reported to the carrier as soon as possible. Any late declaration may not be taken into consideration.
b) In the event of delay, deterioration, loss or destruction of baggage, the passenger concerned must submit a written protest to the carrier as soon as possible and at the latest within seven (7) days respectively (in the event of deterioration or destruction) and twenty-one (21) days (in case of delay) from the date on which the baggage was made available to him. In the absence of protest within the time limits provided, all actions against the carrier are inadmissible, except in the case of fraud on the part of the latter. If the protest was made within the time limit (seven (7) or twenty-one (21) days) and no conciliation could be found between the carrier and the passenger, the latter may bring an action in damages within two years of the date of arrival of the aircraft, or following the date on which the aircraft was due to land.
2. Liability actions for passengers:
Any action for liability must be brought, under penalty of forfeiture, within two years of arrival at destination, or of the day on which the aircraft was to arrive or of the stoppage of transport. The method of calculating the time limit will be determined by the law of the court seized.
3. All claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits indicated.
These general conditions of carriage are governed by the law applicable in French Polynesia.
In the event of a dispute arising from the execution or interpretation of these general terms and conditions of carriage, the dispute will be brought before the courts within the jurisdiction of the Papeete Court of Appeal.