General Conditions of Carriage

General Conditions of Carriage N° CC-062018-DJ-EN

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GENERAL CONDITIONS OF CARRIAGE N° CC-062018-DJ-EN - XL AIRWAYS FRANCE 

 

The regulatory provisions set forth in these Conditions of Carriage are not exhaustive. Passengers should take the measures prescribed by the authorities (French or foreign) in order to comply with the regulations of the country.

 

NOTA: Any and all carriages are governed by the Standard Terms and Conditions of Carriage of XL Airways France written in French language and referenced CGT-062018-DJ-FR. This document is a courtesy translation only, the French version shall prevail.

 

Article 1. DEFINITIONS

Article 2. SCOPE AND CONTRACTUAL RIGHT OF CARRIAGE 

Article 3. SCHEDULES AND ALTERATION TO SCHEDULES - SUBSTITUTIONS OF CARRIER 

Article 4. GENERAL PROVISIONS APPLYING TO THE CARRIAGE OF PASSENGERS AND THEIR BAGGAGES AND RELATED LIABILITY

Article 5. PROVISIONS APPLYING TO THE CARRIAGE OF PASSENGERS AND THEIR BAGGAGES AND RELATED LIABILITY

Article 6. PROVISIONS APPLYING TO THE CARRIAGE OF BAGGAGE AND RELATED LIABILITY

Article 7. CARRIAGE OF ANIMALS

Article 8. CARRIER'S RIGHT TO REFUSE CARRIAGE

Article 9. FORMALITIES AT THE PASSENGER'S CHARGE AND PROTECTION OF PERSONAL DATA 

Article 10. FLIGHTS TO AND FROM THE UNITED STATES 

Article 11. GOVERNING LAW AND PROOF

Article 12. PASSENGER'S CLAIMS - MEDIATION OF TOURISM 

Annex 1 : BAGGAGE ALLOWANCE AND EXCESS CHARGES

 

 

Article 1.   DEFINITIONS

 

Within these Conditions, the following terms mean:

  • Charterer means any natural person or legal entity who, by a Charter Agreement, rents the aircraft or part of the aircraft together with its crew to carry Passengers and/or Freight;
  • Animal means a dog or a cat;
  • Service Animal means an animal trained to assist a disabled passenger or a person with reduced possibility (e.g. guide dogs). Where 14 CFR Part 382 applies, Service Animal can only be a dog and may also be used as psychiatric service animal or emotional support.
  • Cancellation means the non-operation of a flight which was previously planned and on which at least one seat was reserved;
  • Baggage means the effects and other personal items accompanying the Passenger on his trip. Unless provided otherwise, this consists of both Checked and Unchecked Baggage;
  • Checked Baggage means Baggage the Carrier has taken into its custody and for which a baggage Identification Tag has been issued. • “Unchecked Baggage” or “Cabin Baggage” means any Baggage other than Checked Baggage;
  • Ticket means the document (paper or electronic) establishing the contractual right of carriage and issued by the Carrier or a third party on its behalf. It establishes the Contract of Carriage;
  • Electronic Ticket means the ticket saved by the Carrier by a computerized reservation system and evidenced in the Electronic Travel Memo or Itinerary Receipt.
  • Baggage Check means the identification tag issued by the Carrier relating to the carriage of the passenger’s Checked Baggage;
  • Boarding Card means the document supplied after check-in enabling the Passenger to pass through control points and gain access to the aircraft;
  • General Conditions of Carriage means the whole of the provisions in this document running from article 1 to article 12 and including Annex 1;
  • Charter Agreement means the operation by which the contracting Carrier (Contracting Carrier) delegates to another Carrier (Operating Carrier) responsibility for performing all or part of the carriage. Also means the sales agreement by which any other Third parties (for example a tour operator or a travel agency) entrusts a Carrier with providing all or a part of the carriage;
  • Contract of Carriage means the representations and stipulations attached to the Ticket or the Itinerary-Receipt (electronic ticket receipt). The issuance of the Boarding Pass certifies that the Contract of Carriage has commenced for the part of the carriage concerned;
  • Convention means the Warsaw or Montreal Convention, whichever applies;
  • Warsaw Convention and “Montreal Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air, the first signed at Warsaw on 12 October 1929, or as amended at The Hague on 29 September 1955; and the second signed at Montreal on 28 May 1999, depending on which of them applies;
  • Flight Coupon means the part of the Ticket which has the words “valid for carriage” printed on it. In the case of an Electronic Ticket, it means the Electronic Coupon indicating the places of departure and destination between which the Passenger is entitled to be carried;
  • Special Declaration of Interest means the declaration made by the Passenger when handing over the Baggage to be checked, which indicates a value that exceeds the one fixed as a liability limit by the Convention, in consideration of the payment of a surcharge;
  • Damage as defined by the Convention, includes death of, physical injury to a Passenger. It also includes loss, partial loss, delay or other damage to Baggage arising out of, or in connection with, the Carriage by Air as defined hereinafter.
  • Special Drawing Rights (SDR) means a unit of account of the International Monetary Fund (IMF) the value of which is periodically determined by the IMF, on the basis of of the values of the reference currencies;
  • Flight Times or Flight Indicators means the read-out of aircraft departure and arrival times as set out in the flight timetables published by the Carrier or under its authority or as brought to the attention of the public by electronic means;
  • Identification tag means a document issued by the Carrier to identify the Checked Baggage which includes a part to be affixed on the Baggage (Baggage Tag) and another part delivered to the Passenger for record (Baggage Check);
  • Baggage Allowance refers to the definition stated in article 6.8.1;
  • Check-in Time Deadline means the time limit set by the Carrier for each flight and by which the Passenger must have completed check-in and received his Boarding Pass;
  • IATA means the International Air Transport Association, whose particular mission is to develop air transportation, established at Montreal;

 

  • Passenger means any person, except crew-members on duty during the flight, carried or to be carried on an aircraft;
  • Disabled Person or Person with Reduced Mobility means any person whose mobility is reduced when using a means of transport because of a physical disability (sensory or motor, permanent or temporary), intellectual impairment, learning difficulty, any other disabling factor or age, whose situation requires special attention and the adaptation to his particular needs of the service supplied to all passengers, in accordance with Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 or any other definition substituting or replacing the same, as soon as it enters into force in France; “Disabled Passenger” or “Person with Reduced Mobility” have the meaning determined in 14 CFR Part 382.
  • Reservation means the possession by a Passenger of a Ticket or other document indicating that a booking has been accepted and registered by the Carrier and that payment has been received by the Carrier;
  • Tariffs means the published fares, charges and related Conditions of Carriage of an airline which have been filed, where required, with the appropriate authorities. The Tariffs also include taxes, where imposed by legislation;
  • Air Transportation (or “Air Travel”) means the carriage of the Passenger and his Baggage as meant by the applicable Convention;
  • Carrier means any airline which carries or undertakes to carry the Passenger and his Baggage (i) in performance of the Contract of Carriage with the Passenger in one of the forms referred to above or (ii) in performance of the Charter Agreement between the Carrier and the tour operator and giving the Passenger the contractual right of carriage;
  • Community Carrier means a Carrier holding a valid operating license issued by a European Union Member State, in accordance with the provisions of Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 2008;
  • Contracting Carrier means a Carrier which concluded the contract of carriage directly with the passenger.
  • Operating Carrier means the Carrier which performs the carriage regardless of the fact that it did not enter into a contract directly with the Passenger;

Code Share Flight means a flight operated by a Carrier that can be either the Carrier with which the Passenger has concluded a contract (Contracting Carrier), or another Carrier (Operating Carrier) with which the Contracting Carrier has shared its Airline Designator Code;

  • International Flight, under the Convention, means any flight for which departure point and arrival point and, possibly, any stopovers, are located on the territory of at least two States that are parties to the Convention, notwithstanding any stopovers or aircraft changes, or within a single State if a stopover is scheduled in another State, regardless of whether it is a party to the Convention or not.
  • XL Airways France means XL Airways France, a société anonyme (public limited company) with a registered capital of

€17.997,200, registered in the RCS (trade registry) of Bobigny as 401 858 659, having its headquarters at Paris Charles De Gaulle Airport – FRANCE.

 

 

Article 2.   SCOPE AND CONTRACTUAL RIGHT OF CARRIAGE
 

2.1    These General Conditions of Carriage are intended to govern relations between the Passenger and the airline XL Airways France for flights or parts of flights performed or which should be performed under XL Airways’ Flight number (code XLF or SE). They govern any Ticket issued by the Carrier or a third party for free or against consideration (unless otherwise provided in writing between the head office of XL Airways France and the person to be carried) or at a reduced fare. The General Conditions of Carriage define the Carrier’s and the Passenger’s rights and obligations provided under the Contract of Carriage or resulting from the contractual right of carriage defined in article 2.6.

2.2    The fact that one or more provisions within the General Conditions of Carriage can be invalid or ineffective shall not affect the validity of the other provisions within these General Conditions of Carriage, except where the Contract of Carriage could not continue to apply without the provision that has been declared invalid and ineffective, and that is decisive and essential for the existence of the aforementioned Contract.

2.3    Carriage provided under these Conditions of Carriage is governed by the rules limiting Air Carriers’ liability concerning the carriage of Passengers and their Baggage, enshrined in the Montreal Convention of 28 May 1999 and the Regulation of the European Parliament and of the Council (CE) No. 889 of 13 May 2002 amending the Regulation of the Council (CE) No. 2027 of October 1997 or any other text applying to transportation that might supplement or substitute the same.

2.4    The purchase of XL Airways France flights and/or carriage on XL Airways France flights implies full accession by the Passenger to the General Conditions of Carriage and the unconditional acceptance of all the provisions laid down in these General Conditions of Carriage.

2.5    XL Airways France may update these General Conditions of Carriage at any time. Accordingly, we recommend that our Passengers read through these on every visit and more particularly prior to their departure. The General Conditions of Carriage which apply to carriage are those in effect on the ticket purchase date. However, pursuant to any laws or regulations, some provisions   may   be   mandatory   and   will   immediately   apply    to    the    Passenger’s    carriage,    notwithstanding the provisions of the General Conditions of Carriage without liability for the Carrier.

2.6    Within the context of carriage subject to a Charter Agreement, the Passenger only acquires a contractual right of carriage with regard to his tour operator, the natural or legal person, with which he made a contract. Accordingly, the document cannot be binding on the Carrier in the case where the Charter Agreement between the Carrier and the tour operator has not been validly concluded or performed in accordance with the terms of the Charter Agreement. This takes into account in particular the case of non-payment for the charter by the Charterer.

2.7    Where XL Airways France is not the Ticket issuer (the Tour Operator gives to the Passenger a document of carriage showing XL Airways France as the Carrier), the capacity of Operating Carrier is acquired by XL Airways France in accordance with the terms of the contract concluded between XL Airways France and a third party.

2.8    The regulatory requirements recalled in these General Conditions of Carriage are not exhaustive and every passenger shall take all the measures imposed by the authorities (US, French or European and foreign) in order to comply with the prescriptions of the different States.

2.9    The Ticket, these General Conditions of Carriage and any additional rules which are known by the buyer before the Ticket purchase constitute the terms and conditions of the contract of carriage between the Carrier and the Passenger.

 

Article 3.   SCHEDULES AND ALTERATIONS TO SCHEDULES – SUBSTITUTIONS OF CARRIER
 

3.1    The Passenger has a duty to contact his Tour Operator where appropriate in order to confirm flight times or his presence. If the Passenger has purchased his ticket from the Carrier including through www.xl.com/en  website, he does not have to confirm his presence.

3.2    Flights indicated in the Flight schedules may change between the date of publication or the date of purchase and the date of the journey because of external constraints or at the request of the Charterer in particular.

3.3    Due to air transport operations' complexity, Flight schedules cannot be guaranteed. However, the Carrier will take all reasonable steps to ensure the carriage of Passengers and their pieces of Baggage with reasonable care. Within this framework and with the aim of avoiding Cancellation, the Carrier may be lead to reschedule (to bring forward or to delay Passenger’s flights), to make one or several additional stops, have the trip carried out on the services of another carrier or by any other means of carriage. The Carrier’s responsibility is then governed by the rules which apply to Air Carriers.

3.4    At the time of purchase, contact details of each Passenger shall be given to the Carrier. Such data may be used to contact the Passenger in case of irregularities or rescheduling.

3.5    Where the Passenger holds a unique contract of carriage within the terms of article 36 of the Montreal Convention, the Carrier will implement the mandatory relevant rules.

 

Article 4.   GENERAL PROVISIONS APPLYING TO THE CARRIAGE OF PASSENGERS AND THEIR BAGGAGES AND RELATED LIABILITY
 

4.1    Any action for damages or compensation must be brought within two years as from arrival at destination, or date of arrival of the aircraft or the date on which the aircraft should have landed.

4.2    Any action for damages or compensation shall be made by writing within the aforementioned time frame.

4.3    The liability of the Carrier is governed by the Montreal Convention of 28 May 1999, implemented within the Community by Regulation (EC) No. 2027/97 as amended by Regulation (EC) No 889/2002 and by French legislation.

4.4    The Carrier recalls that:

·   Unless more favorable stipulated by the Law in force, the liability of the Airline cannot exceed the amount of the proven direct damage.

·   The Carrier shall not be liable in any manner for indirect damage or for any form of non-compensatory damage.

·   The Carrier shall not be found liable in any manner for damage(s) arising from the observation by the Carrier of any legislative or regulatory provisions (laws, regulations, decisions, requirements and provisions) including but not limited to any decision from the civil aviation authority or from air navigation services, or from the Passenger failing to comply with these provisions.

·   The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier´s authorised agents, its officials and agents, who have performed their jobs, its representatives and the owner of the aircraft used by the Carrier, as well as the said owner´s staff, employees and representatives. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability. The Convention shall apply in determining their liability if any.

 

Article 5.   PROVISIONS APPLYING TO THE CARRIAGE OF PASSENGERS AND THEIR BAGGAGES AND RELATED LIABILITY

 

5.1    February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No. 295/91 or any other text applying that might supplement or substitute the same. When departing from an airport in a country outside the European Union, the Carrier implements the regulations applying in that territory.

Information on passengers’ rights in the event of flight delay, flight cancellation, or denied boarding, is available on the website of the European Union:  http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_fr.htm

5.2   Check-in and Boarding

 

5.2.1    Check-in is not guaranteed after the Check-in Deadline. This is specifically indicated on the ticket or the convening at the Passenger’s disposal.

5.2.2   Where the Carrier provides pre-booking services, to ensure the benefit of the seat reserved in advance, the Passenger must check-in no less than thirty (30) minutes before the Check-in Deadline.

5.2.3   If the Passenger does not present before the Check-in Deadline at the flight’s check-in desk, the Carrier may cancel the seat booking reserved for him and make use of it.

5.2.4    The same shall apply if he does not present with a document corresponding to the journey concerned, thereby rendering that Passenger unable to travel, for which the Carrier’s liability may not be incurred.

5.2.5    The Passenger must complete formalities through the security filter as soon as the Carrier issues him with his Boarding Card.

5.2.6    The Passenger must imperatively be present at the departure gate no later than 15 minutes before the time indicated at check-in on the Boarding Card. Without any liability towards the Passenger whatsoever, the Carrier may cancel the Passenger’s booking and/or the carriage if he is not present at the departure gate 15 minutes before the time given.

 

5.3   Compensation in case of death or injury

5.3.1    The Carrier is not liable for any sickness, injury or disablement, including the death of a Passenger, due to the physical condition of the Passenger no more than for any aggravation of that same condition.

5.3.2    No limit of liability is set in case of injury or death of a passenger. In this context, the liability of a European Union Carrier is automatically incurred up to 113,100 SDR for any death or physical injury resulting from an accident in air carriage unless the death or damage arises from the negligence or other wrongful act or omission of the victim.

5.3.3    Over 113,100 SDR, the Carrier can exclude or limit its liability by establishing that it was not negligent or at fault in any other way or that the damage arises solely from an act by a third-party.

 

5.4    Advance payments

5.4.1    In the case of death or injury of a passenger, the Carrier must make an advance payment to meet the immediate economic needs within a 15-day-period from the identification of the person entitled to compensation. In the event of death, this advance payment cannot be less than the equivalent of 16,000 SDR.

5.4.2    However, this advance payment does not constitute recognition of liability and may be offset against any amounts paid subsequently. It is only refundable in the event of negligence or other wrongful act or omission by the victim or if it is proven that the person to whom this advance was made was not entitled to compensation.

 

5.5    Passenger delay

5.5.1     The Carrier is liable for damage arising from a delay in the carriage of the passengers by air unless it has taken all reasonable measures to avoid the same or if it were impossible to take such measures. Liability is limited to 4,694SDR in this case.

5.5.2    In any event, only direct, proven damage resulting directly from a delay will be compensated. Accordingly, no indirect damage may be relied upon insofar as concerns the Carrier. It is the responsibility of the passenger to prove the directness of the delay.

 

5.6    Respective liability of Contracting and Operating Carriers

If the Carrier carrying out the flight is not the carrier with which the contract was concluded, the Passenger is entitled to make a complaint or claim against either of them. If the Carrier’s name or designator code is included on the Ticket, this Carrier is the one with which the contract is made.

 

5.7    Persons with disabilities or reduced mobility and/or large size

 

(i)  For Flights from or to the United States, Disabled Passengers are not required to provide advance notice to the Carrier unless otherwise provided in section (iv) below. However to deliver the best service, Passenger may contact in advance their travel agency or the Carrier (Email address: www.xl.com/en/contact-us)  

(ii)   For any other Flights, the Passenger must inform the Carrier for assistance no later than forty eight (48) hours before the published departure time of the flight in question. In the case where the information necessary for assistance has not been communicated within this time frame, the Carrier will make all reasonable efforts to implement and/or enable implementation of the necessary assistance.

(iii)   Personal data required to deliver the assistance including data related to the status of health may be transmitted to subcontractors and/or airports including outside European Union. Where purchasing a Ticket, each Passenger consents to these transfers.

(iv)   When travelling from/to the United States or where 14 CFR Part 382 applies, Passengers are required to provide advance notice as follows:

a)   Disabled Passenger must provide the Carrier 48 hours' advance notice and must check-in one hour before the Check-in Deadline:

  To use his/her ventilator, respirator, continuous positive airway pressure machine or portable oxygen concentrator (to hook up such equipment may be prohibited);

  To provide hazardous materials packaging for batteries or other assistive devices that are required to have such packaging;

  Where Disabled passengers who make reservations and travel as a group of ten or more qualified individuals with a disability need accommodations;

  Where provision of an on-board wheelchair on an aircraft with more than 60 seats that does not have an accessible lavatory is needed;

 

  Where Passenger travels with an emotional support or psychiatric service animal in the cabin;

  Where Passenger who has both severe vision and hearing impairments needs accommodation.

If the Passenger does not meet these advance notice or check-in requirements, the Carrier will make its reasonable efforts to provide the service or accommodation.

b)   Passengers are advised to inform the Carrier at least 48 hours before the flight especially when traveling with a service animal on a flight segment scheduled to take 8 hours or more.

c)   It is recommended that Passenger travelling with a wheel chair present themselves at check-in desk one hour before the Check-in Deadline.

d)  Passenger with severe hearing and vision impairment which will prevent him from communicating with the crew during the safety demonstrations and from evacuating on his own, and who will be travelling without a safety assistant, must notify the Carrier at least 48 hours in advance to provide safety explanations.

 

5.7.2   Services provided by the Carrier

 

Within the context of carriage, the person with reduced mobility is entitled to the following services:

  Carriage of recognized Service Animal in the cabin or in the hold, subject to national regulations,

  In addition to medical equipment, the carriage of a maximum of two items of mobility equipment per person with reduced mobility, including electric wheelchairs, and subject to there being sufficient room on board the aircraft and without prejudice to the application of the legislation on dangerous goods,

  All reasonable efforts to allocate seating to meet the needs of Passengers with reduced mobility at their request and subject to safety requirements and availability,

  Assistance in moving to toilet facilities upon request and to the extent this assistance does not involve lifting or carrying the person,

  If there is an accompanying person, the Carrier will make its maximum, within reasonable limits, to allocate this person a seat next to the said passenger.

  On board, assistance by Carrier’s Personnel in preparation for eating, such as opening packages and identifying food.

  Assistance with the use of the on-board wheelchair to enable the person to move to and from the lavatory,

  Communication with passengers who have vision impairments or who are deaf or hard-of-hearing, so that these passengers have prompt access to information the carrier provides to other passengers.

 

5.7.3   Provision of Medical Certificate

(i)  Refer to Pregnant women section and transport of liquids in section 6.2.b.

(ii)  (a) Where the health status of the Passenger is such that there is reasonable doubt that the Passenger can complete the flight safely, without requiring extraordinary medical assistance during the flight, (b) where the Passenger has a communicable disease or condition that could cause a direct threat to the health or safety of others on the flight and (c) for the flights which do not serve the United States, if the Carrier considers the health status of the Passenger needs medical advice before completing the flight.

(iii)  To be valid, a medical certificate must be written and signed by the Passenger's physician who establishes that the Passenger is able to travel safely without the need for medical assistance during the flight. The certificate shall be made within 10 days of the date of the first scheduled flight. In case of transmissible disease or infection, the Passenger's physician shall state that the disease or infection would not, under the present conditions in the particular Passenger's case, be communicable to other persons during the normal course of the flight. The medical certificate must state any conditions or precautions that would have to be observed to prevent the transmission of the disease or infection to other persons in the normal course of the flight. It must be dated within 10 days of the date of the flight for which it is presented

 

5.7.4   Safety Assistant

The Carrier may require a passenger with a disability to travel with a safety assistant as a condition of being provided air transportation, if the Carrier determines that a safety assistant is essential for safety:

  Where the Passenger, because of a mental disability, is unable to understand or respond appropriately to safety instructions from carrier personnel, including the safety briefing required by safety regulations;

  Where the Passenger is unable to physically assist in his or her own evacuation of the aircraft because of severe impairment;

  Where the Passenger has both severe hearing and severe vision impairments and the passenger cannot communicate with the Carrier’s personnel in a way to allow transmission of the safety briefing required by the safety regulations and the Passenger is unable to assist in his or her own evacuation of the aircraft in the event of an emergency.

Safety assistant must check in at the same time as the passenger with a disability. Carriage of the safety assistant may be charged. Contact Carrier.

If contrary to the Passenger’s self-assessment, the Carrier determines that the Passenger must travel with a safety assistant, provisions of 14 CFR Part 382 shall apply.

 

5.7.5   Respiratory Support and carriage in stretcher

(i)  Transportation in a stretcher or incubator is not allowed.

(ii)  Respiratory Support

a)  For safety and security reasons, Passengers are not allowed to use their own oxygen cylinder in the cabin. No ventilator, respirator, continuous positive airway pressure machine or portable oxygen concentrator are provided by the Carrier.

b)    Passengers are allowed to use their own ventilator, respirator, continuous positive airway pressure machine or portable oxygen concentrator on board provided that :

  The device meets appropriate authorities’ requirements (including but not limited to Federal Aviation Authority (FAA)) for medical portable electronic devices;

  The device displays the manufacturer's label that indicates the device meets appropriate authorities’ requirements (including but not limited to Federal Aviation Authority (FAA)), and

  The device can be stowed and used in the cabin in consistency with applicable Transportation Security Administration, Federal Aviation Authority, and PHMSA and/or French or European regulations;

  The Passenger has an adequate number of batteries (150% of the overall travelling time) and extra batteries carried onboard to power the device are packaged and protected (including battery terminals) to prevent short circuit and physical damage; No more than two batteries with power in a range of 100 Wh and 160Wh can be carried.

  The Passenger provided the required advance notice in compliance with article 5.7.1 and any information required by the Carrier.

(iii)  Carriage of oxygen cylinder is allowed solely in the cabin provided that:

  Cylinder shall not be used in the cabin;

  The oxygen cylinder displays the manufacturer's label that indicates the device meets FAA and/or DGAC requirements, and meets FAA and/or DGAC requirements relating to the safety and carriage of hazardous good;

  Passenger must check-in at least one hour before the Check-in Deadline.5.7.6 Carrier’s right to refuse the carriage

(i)  Pursuant to European Regulation (EC) 1107/2006, the Carrier may refuse carriage to a Person with Reduced mobility:

  In order to meet applicable safety requirements, or

  If the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible.

(ii)  Notwithstanding the foregoing, where 14 CFR Part 382 applies, refusals of carriage of Disabled person are only permitted in compliance with 14 CFR Part 382:

  If the Carrier can demonstrate that the passenger causes a direct threat to safety. Carrier will provide a written statement explaining the refusal within 10 calendar days of the refusal of transportation;

  If the passenger has a communicable disease and causes a direct threat. Carrier will provide a written statement explaining the refusal within 10 calendar days of the passenger’s request;

  If carriage of the Disabled Person would infringe FAA or TSA regulations, or any other regulation mandatory to the Carrier including French and European law and any other regulation;

  Where the required medical certificate significantly underestimates the health status of the passenger and after an additional medical review it is demonstrated that the passenger is likely to be unable to complete the flight without requiring extraordinary medical assistance or would cause a direct threat to the health or safety of other persons on the flight;

  Where the electronic device assisting Passenger with respiration does not meet the conditions required to be authorized on board.

5.7.7   Use of a second seat

With regard to carriage of a Passenger with reduced mobility or of a large size, the use of a second seat is not a possibility automatically offered to Passengers. When XL Airways France is the Contractual Carrier and a seat is available at check-in, this seat is allocated to the passenger free of charge. When XL Airways France is the Operating Carrier, the passenger should ask its Tour Operator, which is the only one to decide to allocate an additional seat. In any event, safety obligations may lead to deny boarding to a Passenger in need of a second seat and when such second seat is not available.

Aircraft configuration (such as fixed armrests) may limit your choice of two seats side by side. Please contact the Carrier before purchase.

5.7.8    Upon departure and arrival at airports in non-EU member countries, the Carrier applies the regulations in force in that country.

 

5.8 Children

5.8.1    Any child under the age of two years (infant) must travel accompanied by an able-bodied person of at least 18 years old, except for his father or mother who may be younger. Only one infant may be carried per accompanying person. Infant does not qualify for a seat allocation. Baggage Allowance depends on the flight category, see Annex 1. Refer to transport of liquids in section 6.2.b

5.8.2    Children aged between 2 and less than 5 years must be accompanied by a parent (father or mother) or entrusted to an accompanying person. The latter must be at least 18 years old.

 

5.8.3    Unaccompanied Minors (unaccompanied children aged from 5 and less than 12 years) may be accepted on XL Airways France flights after agreement of the Carrier. They are taken into care by the Carrier and are referred to as Unaccompanied Minors. Unaccompanied Minors must be reported to the Carrier by written before the purchase of the ticket. A limited number of Unaccompanied Minors are allowed per flight, before purchasing a ticket, contact the Carrier.

Unaccompanied Minors are not accepted on stopover flights and/or with connecting flights. The Carrier is not responsible for the care of the Unaccompanied Minors’ cabin baggage.

5.8.4  It is mandatory for the minor’s parents or his legal representatives to complete and hand over at check-in of each flight the documents demanded by the Carrier, namely the form indicating the name and contact details of the person authorized to pick­ up the minor (the “designated person”).

5.8.5    Accompanying persons of children travelling on their own must wait for the flight to take off before leaving the Airport, in order to take them back if needed. Upon arrival, the children will only be handed over to the designated person, who must prove his/her identity with official ID. The designated person must be at the Airport upon arrival time indicated on the ticket. If the designated person is not present, whichever the Carrier chooses, the minor will (i) be handed over to the police authorities or (ii) rerouted to his departure point or (iii) looked after by a Carrier’s employee or one of his subcontractors. All costs and expenses paid by the Carrier and resulting directly or indirectly by the non-presentation or the lateness of the designated person at the airport of destination will be supported by the person who bought the child’s ticket.

5.8.6    Children over 12 years old are considered normal Passengers and do not benefit from any special treatment. The Carrier does not assume responsibility for child care and control. However subject to Carrier’s consent and payment of an additional fee, minors over 12 years and less than 17 years may be treated as Unaccompanied Minors.

5.8.7    Territorial entry and exit formalities and documentation are specific for children; we remind the parental authority holder to verify it before booking and transportation.

5.8.8   UMs are not allowed to carry Animals in cabin, except Service Animals.

5.8.9. UMs shall not require any special care from the crew. In such a case, the carrier may refuse the carriage of the child as an UM. No medication or other substance not provided by the Carrier or by a physician on board the aircraft will be given to the UM by the Carrier’s employees or subcontractors (even with a medical prescription)

 

5.9 Pregnant women

Pregnant women are accepted on our lines up to the eighth month of pregnancy included. From the seventh month of pregnancy, a medical certificate of good health is mandatory and must indicate:

-  No contra-indications to flying, and

-  Absence of pathological conditions, and

-  When appropriate, allowing the passenger to fly on a long haul flight

-  The month of pregnancy at the time of the carriage.

The certificate must be issued by a physician no more than eight (8) days before the date of the trip and shall be presented at check-in. On the day of the flight, carriage of pregnant women is authorized at the Carrier’s discretion. Provisions stated in article 8 of these General Conditions of Carriage may apply.

5.10 Disembarkation of the Passenger at his own initiative

A Passenger who at the last refuses to board the aircraft although he has checked-in properly and where this refusal does not arise from an act or omission on the part of the Carrier, must compensate the latter for the costs reasonably incurred by it because of his wrongful conduct.

 

5.11 Smoking ban

All flights are no smoking flights. Use of electronic cigarette and similar devices is not allowed on board. Electronic devices used for smoking (electronic cigarettes, electronic cigars, electronic pipes, electronic hookas, personal nicotine vaporizers or devices providing nicotine) can only be transported in cabin baggage or by the passenger himself. The refill of these devices or batteries on board is prohibited. Their transport is strictly prohibited in checked baggage. Other restrictions are applicable to the transportation of such objects. See articles 6.7 and 6.9.6

 

Article 6.   PROVISIONS APPLYING TO THE CARRIAGE OF BAGGAGE AND RELATED LIABILITY

 

6.1    The Carrier applies European regulations on prohibited goods. Like all European regulations, this regulation is likely to evolve.

6.2 a. Liquids, as meant by the European Regulation of 6 November 2006 together with aerosols, gels and pastes are prohibited from cabin baggage. This category specifically includes mineral water, perfumes, beverages, lotions, creams, shower gels, shampoo, mascara, soups, syrups, toothpaste, liquid soaps, deodorants, etc. As previously stated, these regulations are likely to evolve. Passenger may consult the latest document on the European Union’s website :http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_fr.htm

6.2. b. In accordance with security measures applicable to passenger and carry-on screening, liquid medicines, baby food, liquid foods corresponding to a specific food need may be allowed in the cabin. To this end, you may be required to justify such needs and quantity by providing as among others an appropriate prescription or certificate.

 

6.3 Delayed baggage

 

6.3.1   (i) Checked baggage will be handed over to the bearer of the Baggage Check.

(ii) By checking one Baggage, Passenger certifies that only his/her belongings are packed in such Checked Baggage. Otherwise, Passenger shall inform the Carrier agent before check-in.

(iii). Checked Baggage will, to the extent possible, be carried in the same aircraft as the Passenger unless, for operating or security/safety reasons, the Carrier decides that it will be carried on another flight. In this case, the Carrier will deliver the Baggage to the Passenger at the airport.

(iv) It is the responsibility of the bearer of the Checked Baggage to collect their Checked Baggage at the arrival points. If the bearer of the Checked Baggage does not collect Baggage, the Carrier does not assume its custody.

6.3.2    The Carrier is liable for damage arising from a delay in the carriage of the baggage by air unless it has taken all reasonable measures to avoid the same or if it were impossible to take such measures. Liability is limited to 1,131 SDR per Passenger.

 

6.4    Destruction, loss or damage to baggage

6.4.1     The Carrier is liable in the event of destruction, loss, damage or deterioration of the baggage up to 1,131 SDR per Passenger.

6.4.2    In the case of Checked Baggage, the Carrier is liable even where there was no wrongful act or omission on its part, except if the baggage was defective. In the case of unchecked Baggage, the Carrier is liable only in the conditions set out in article 6.10.5.

6.4.3    Passengers are reminded that in the application of security measures, the authorities may be required to open Checked Baggage. Such handling shall not be the liability of the Carrier and any damage or losses arising from such checks should be claimed to the said authorities.

 

6.5    Higher limits of liability for baggage

In order to benefit from higher limits of liability, Passengers must declare any Baggage whose value exceeds 1,131 SDR to the Carrier sufficiently in advance of the Check-in Deadline by making a declaration of special interest when checking-in and by paying an additional sum. In this case, additional indemnities will be limited to the declared value.

 

6.6    Complaints relating to baggage

6.6.1    In the event of damage, delay, loss or destruction of the baggage, the Passenger must file a complaint at the baggage claim desk uponarrival and/or on departure, then confirm in writing to the Carrier as soon as possible, and no later than within a period respectively of seven days (in the case of damage) and twenty-one days (in the case of delay) with effect from the date on which the baggage was delivered.

6.6.2   Passengers will find the Lost and Found Department contacts on the Carrier’s web site.

6.6.3    In order for the Carrier to examine the complaint, Passengers must provide a picture of the damaged baggage with the Baggage Tag on it.

6.6.4   No compensation will take place for claims filed after the aforementioned time-limit.

 

6.7 Items prohibited or restricted

6.7.1   The following items may not be carried in any Baggage in the hold and/or in the cabin.

(a)   Shall not be carried in the hold and in the cabin : Articles likely to constitute a hazard for the aircraft, the persons or goods on board, such as those specified in the ICAO and IATA Dangerous Goods Regulations and in the Carrier’ current regulations that apply (further details available from the Carrier on request); these refer in particular to explosives, pressurized gases, oxidising, radioactive or magnetized substances, inflammable substances, toxic or corrosive substances, liquids of all sorts (except liquids carried as Hand Baggage and intended for the Passenger’s personal use during the trip);

(b)   Shall not be carried in the hold and in the cabin: Articles which it is prohibited to carry under the current laws of the State of planned departure, arrival, overflight or transit;

(c)   Shall not be carried in the hold and in the cabin : Articles which the Carrier reasonably considers to be unfit for carriage by their weight, size, packaging, unpleasant smell, configuration or fragile or perishable nature, taking account inter alia of the type of aircraft used;

(d)  Firearms and ammunitions other than those intended for game-shooting or sport which, in order to be allowed on as checked Baggage, must be unloaded, appropriately packaged and have the safety catch engaged. The carriage of ammunitions is subject to ICAO and IATA Dangerous Goods regulations as indicated at paragraph (a) above. Carriage of such firearms and ammunitions might be authorized if advance notice is given to the Carrier.

(e)   Shall not be carried in the hold and in the cabin: Knives, cutting or stabbing weapons, aerosols capable of being used as offensive or defensive weapons. These articles are strictly forbidden in the cabin and may possibly only be carried in the hold at the Carrier’s sole discretion.

(f)    Shall not be carried in the hold but may be carried in the cabin: Medication, perishable goods, funds, currency, jewelry, art object, precious metals, silverware, securities or other precious objects, high-value clothing, optical or photographic apparatus, computers, electronic and/or telecommunication equipment or apparatus, musical instruments, passports and identity papers, keys, samples, business papers, manuscripts or securities, individualized or fungible, fragile objects.

(g)  Shall not be carried in the hold but may be carried in the cabin: electronic devices used for smoking (electronic cigarettes, electronic cigars, electronic pipes, electronic hookas, personal nicotine vaporizers or devices providing nicotine; they cannot be used on board nor refilled) The refill of these devices or batteries on board is prohibited. Their transport is strictly prohibited in checked baggage. Other restrictions are applicable to the transportation of such objects. See article 6.9.6

(h)  Shall not be carried in the hold and in the cabin: live animals, except for cats and dogs or Service Animal but subject to legal prescriptions and Carrier regulations.

 

6.7.2    Furthermore, it is recalled that the Carrier is entitled to disclaim liability where the damage occurs due to the nature of or inherent defect in any Baggage.

 

6.8    Free baggage allowance and excess baggage

6.8.1   A Ticket gives the right to carriage of a quantity of Baggage (with a limited weight) “free of charge”, without having to pay a supplement, determined according to:

  The fare paid and the class of carriage or

  The Flight Charterer.

6.8.2   The Baggage allowance appears on the Ticket and must always be taken into account.

6.8.3    The acceptance of an excess baggage (regarding their quantity and weight) will remain subject to operational conditions at the time of the flight.

6.8.4    Checked baggage accepted in the hold must not exceed certain weight and size, the size limitation is calculated by adding the total outside dimensions of each bag, length + width + height (including all handles, side pockets and wheels). It should not exceed 62.2 in. In any case, each Baggage shall not exceed 32 kg. Passenger will be charged for any extra piece and any supplemental kilo in excess of the allowance.

6.8.5    Conditions relating to payment of Baggage excesses at airport are available on request from the Carrier’s points of sale and at ANNEX 1 of these General Conditions of Carriage. The Carrier does not accept payments by check. Depending on the mode of payment chosen by the Passenger, the providers in charge of the payment at the airport can charge fees and / or commissions. These expenses shall be borne by the Passenger.

 

6.9    Specific goods

6.9.1     There is a free allowance specific to diving equipment. To qualify for this, Passengers must produce a valid diving certificate.

6.9.2   Oversized baggage carriage (which means baggage with a weight over 32 kilos and/or with dimensions over 158cm (height, width, depth, including wheels and handles) such as but not limited to nautical equipment including Windsurfing board, long board, paddle, etc.) is subject to Carrier’s prior consent. Request must be received by the Carrier 72 hours before departure ( www.xl.com/en/contact-us  ). If carriage of this oversized baggage is permitted, excess baggage fees must be paid.

6.9.3   Passengers must notify the Carrier for carriage of such specific goods.

6.9.4   The total weight of Baggage carried in excess may not exceed 100 kg per Passenger, see also article 6.8.3.

6.9.5   The excess baggage prices are available in ANNEX1.

6.9.6    Wet battery carriage is not authorized on aircraft operated by XL Airways France. Lithium replacement batteries must be protected to prevent short circuits (it is recommended (i) to use the original packaging or (ii) to isolate the battery terminals with tape or (iii) to put each battery in a different plastic bag or in a protective case). All lithium batteries must have passed the tests specified in the UN Manual of Tests and Criteria, Part III, Sub-section 38.3. Each battery cannot contain more than 2g of lithium for metal lithium batteries and for lithium-ion batteries, no more than 100 Wh.

 

6.10 Cabin baggage

6.10.1    One single piece of hand baggage per Passenger is authorized in the cabin and the dimensions cannot exceed 55 x 35 x 25 cm in size (length, height, depth). It remains in the custody of the Passenger. Passengers must comply with legal and regulatory requirements, particularly in matters of security and safety.

6.10.2    The weight of the Cabin Baggage shall not exceed the weight set forth in Annex 1.

6.10.3     Where a Passenger has attempted to carry Baggage in the cabin that does not meet the applicable conditions, the Passenger will be considered to have committed a wrongful act. The Baggage may be confiscated at the Carrier’s sole discretion and:

  Refused carriage. The items will be made available for the Passenger at the airport where seized but the Carrier does not guarantee the custody or preservation thereof. Withdrawal of the Baggage does not amount to a deposit agreement.

  Carried in the hold subject to payment of any excess charges, and governed by the liability limits applying to Checked Baggage.

  The Passenger may be denied boarding if justified by his behavior .

For health reasons, when packed in Checked Baggage, perishable goods and foodstuffs (and Checked Baggage as well) may be destroyed without any liability to the Carrier.

6.10.4    Medication not classed as Dangerous goods are accepted in cabin but they must be kept in your custody at all times. XL Airways France personnel are not authorized to take charge of your medication or vaccines in particular. Passengers must take into account the restriction on liquids contained in cabin baggage since 6 November 2006. For medication requiring refrigerated storage, Passengers must take all the necessary measures as the Carrier does not provide any specific equipment for this purpose.

6.10.5     The liability of the Carrier cannot be incurred in the event of Damage to unchecked Baggage unless the Damage arises directly from a wrongful act by the Carrier, one of its agents or servants, which must be established by the Passenger relying thereon.

6.11 Pieces of baggage are checked to the destination indicated on your XL Airways France ticket. If you are connecting with another airline after your XL Airways France flight, you must collect your luggage and re-check for your next connection. Please make sure you comply with the immigration formalities of your final destination, as well as the XL Airways France flight’s destination.

 

Article 7.   CARRIAGE OF ANIMALS

 

7.1 Only cat and dog can be accepted on the Carrier’s flight, in cabin or hold, subject to weight, race, size limits and availability. See the definition of Animal and Service Animal. Females animals which have given birth within the preceding forty-eight hours shall not be carried. Veterinary certificate authorizing carriage by air is required for pregnant female animal.

Snub-nosed or mixed breeds of snub nosed cats and dogs are not accepted in the hold of the aircraft.

Pursuant to French law, carriage of category 1 dogs (attack dogs) is forbidden regardless of the method of carriage (hold, freight or cabin).

7.2 It is the Passenger’s responsibility to provide all the required documents including but not limited to up-to-date health certificate, vaccinations, passport of the dog or cat and any document required for the entry or exit of the state of destination. Anyway, the dog or cat shall be at least 12 weeks of age and has to be in compliance with the veterinary prescription of the states of departure, transit and destination. We remind you that since July, 3th of 2011, a new regulation is in force. To the extent of exception stated in the regulation, Electronic chip is necessary to identify the animal for travel inside the European Union, except when the dog and cat are tattooed before this date and the tattoo is legible. This regulation is available on the French Ministry of Farming, Fishing and Food: http://www.agriculture.gouv.fr/animaux-de-compagnie

 

7.3 Cats and dogs may be carried in the cabin (see article 7.6) or in the hold subject to (i) payment of an extra charge (The prices are available in Annex 1. NB: The transport of service animals is free when travelling with disabled persons) and (ii) subject to their being in a cage specifically designed for transportation by air (materials, and closure mechanism in particular) and comply with the requirements of the Carrier (NB: cages with clip closures are not allowed), and (iii) the weight of the animal and the cage does not exceed 50 kg and (iv) the signature of any document required by Carrier before Carriage.

NB: The cage must be large enough to enable the cat or dog to stand up and turn around. Only one dog or cat per cage is permitted. In case the cage does not meet standards, the animal may be not carried.

7.4 The weight of a dog or a cat traveling in cabin must be less than 7 kg, including the cage or bag. The animal will travel in the hold if its weight is higher. The cage or bag shall not exceed the following dimensions: L 40cm X H 23cm X D 55cm. Priority should be given to soft bag which can be more easily placed under the seat in front of the passenger.

7.5 The Carrier however reserves the right to refuse to carry the cat or dog if it considers that its safety/health or that of persons or property is not guaranteed or if the conditions of paragraph 7 are not respected.

7.6 Service Animals are accepted in cabin. They do not occupy a seat. Service Animal, whatever its weight or size, can be boarded, Passengers are advised to inform the Carrier at least 48 hours before the flight especially when traveling on a flight segment scheduled to take 8 hours or more. However, the Carrier may (i) if the flight segment is scheduled to take 8 hours or more, require the passenger to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight, (ii) for safety reasons and in compliance with the applicable law or regulations, refuse to carry the Service Animal.

Service Animal could travel free of charge. Passenger may be required to provide the Carrier with relevant documentation pertaining to the Service Animal, except for the flights to which 14 CFR Part 382 applies for which Carrier will require documentation only when Service animal are used as psychiatric or emotional support animals. Such documentation shall not be older than one year from the date of the passenger's scheduled initial flight and shall be issued in compliance with 14 CFR Part

382. Where Carrier refuses carriage of the Service Animal, a written explanation will be given to the Passenger within 10 days from the refusal.

7.7 For flight not operated by XL Airways France, and except for Service Animal, animals are forbidden in cabin or hold. However, carriage of animals may be allowed on other Airlines, contact the Carrier.

 

Article 8.   CARRIER’S RIGHT TO REFUSE CARRIAGE

 

8.1    At the discretion of the Carrier, which must be exercised reasonably, the Carrier may refuse to carry the Passenger as well as his Baggage at any point of boarding and/or connection, if any of the following cases have arisen or arise:

  The Passenger did not comply with the governing law;

  The carriage of the Passenger and/or his Baggage might endanger the safety, health, comfort or convenience of the Passenger, the other Passengers or crew;

  The Passenger’s physical or mental state, including but not limited to state that induced by the consumption of alcohol or the taking of drugs or medication, presents a danger or a risk to the Passenger himself or other Passengers, crew or property;

  The Passenger does not provide the Carrier with the required medical certificate as stated in article 5.8.3;

  The Passenger behaved badly on a previous flight and the Carrier has grounds for believing that such behavior might be repeated;

  The Passenger refused to undergo security checks;

  The Passenger refused to provide proof of his identity;

 

  The Passenger (or the person who is paying for the Ticket) has not paid the fare in force and/or all costs, taxes or fees due and payable;

  The Passenger does not appear to possess valid travel documents, the Passenger has attempted to enter a territory during transit, and the Passenger has destroyed his travel documents during the flight;

  The Passenger refuses to hand these over to Carrier personnel, flight or ground crew, who requested the same or the travel documents have expired, are incomplete in the light of current regulations in force or fraudulent (identity theft, falsification or forgery of documents in particular) or in case of the article 9.1;

  The ticket presented and which the Carrier reserves the right to retain:

-  Has been acquired fraudulently or purchased from a body other than the Carrier or our authorized agent; or

-  Has been listed as a missing or stolen document; or is falsified or forged; or

-  Contains a Flight Coupon that has been defaced or modified by someone other than the Carrier or its authorized agent; or

-  is counterfeited or altered.

  The Passenger is not using the Flight Coupons in the order in which they were issued or is not travelling in accordance with the order of his flight journey;

  Subject to the governing law, the Passenger requires at check-in or boarding, special assistance has not been requested at booking.

 

8.2    In addition, if the Carrier reasonably considers that by his behavior on board the Passenger is endangering the aircraft, a person or property, or that the Passenger is preventing the crew from fulfilling its duties or that the Passenger is not complying with instructions and recommendations from the crew, particularly where these relate to the use of tobacco, alcohol or drugs, or that the Passenger is behaving in a manner that does or could entail a nuisance for other Passengers or crew or disrupt their comfort and convenience or cause them damage or injury, the Carrier may take all measures including but not limited to restraining or coercive measures against the said Passenger that it considers necessary to prevent such behaviour from continuing. The Passenger may be disembarked, denied carriage on subsequent trips to any point on the network and be prosecuted for any offence or wrongful act committed against us or against other passenger and in particular on board the aircraft. Costs and expenses related thereto and of whatever nature shall be borne by the Passenger.

8.3    Carrier may ban or limit the use on board the aircraft of electronic equipment such as, without being limitative, mobile phones, laptop computers, radio sets, electronic games, transmission equipment, radio-controlled games and transmission/emission equipment as well as any other electronic or recording equipment. However, hearing aids and pacemakers do not fall into these categories.

 

Article 9. FORMALITIES AT THE PASSENGER’S CHARGE AND PROTECTION OF PERSONAL DATA

 

9.1    Immigration and carriage formalities

9.1.1    It is the responsibility of the Passenger to comply with government requirements insofar as concerns territorial entry and exit formalities and documentation, including transits.

9.1.2    To do this, Passengers should consult the French Ministry for Foreign Affairs’ Website http://www.diplomatie.gouv.fr/fr/) or the Action Visa Website (http://www.action-visas.com/)

9.1.3   In no case will the Carrier be held liable in the event the Passenger is refused on any foreign territory.

9.1.4      The Carrier reserves the right to claim compensation to the Passenger for the prejudice resulting from his/her inadmissibility on the territory of his/her final destination or transit when it is not caused by a fault of the Carrier. For example, are concerned by this provision, but not limited to, the inadmissibility when the Passenger failed to comply with the legal and regulatory requirements enforced on any foreign territory or on the French territory (including the inadmissibility for improper identification document, lack of visa, infringement of the authorized duration of stay during a prior visit to the country of destination/transit, etc), inadmissibility resulting from a discretionary decision of the country of destination or transit, etc.

9.1.5    Depending on the destination, airport or country taxes may be payable in cash only. These information are detailed on the internet web sites (see article 9.1.2 above)

9.1.6     Each Passenger must show on request a valid identity papers with photo (passport or national ID card). For French nationals under 12 travelling with an adult from/to Corsica, family leaflet could be accepted.

Each document shall not be altered or impaired (e.g. (no exhaustive list): it shall not be damaged or deteriorated or torn into several parts).

9.1.7    At all times during its journey, the Passenger must be in a position, to provide appropriate supporting documents to prove his/her identity. Otherwise, Passenger could be denied boarding regarding the article 8.1.

 

9.2    Protection of personal data

The information concerning each passenger and any others persons (such as persons to alert, depositor on departure or hosting on arrival for unaccompanied minors) that are collected during reservation, conclusion of carriage contract, check in or any operation link to the contract of carriage or to the carriage itself are collected for the purpose of management of reservations, execution of carriage contract and additional services, information of your relatives in case of incident as well as  the customer relationship monitoring. Specific treatments may be carried out in case of non-compliance with the contract of carriage.

 

Personal Data processing is carried out by XL Airways France as a controller.

 

The information are intended for our services as well as the recipients concerned by services subscribed, these recipients include, particularly the authorities of destination countries, of over flight and/or transit which require it.

 

XL Airways France may have to transfer data to a third country to the European Union as part of its activities, with the adoption of appropriate guarantees.

The necessity of the execution of the carriage contract entails for each passenger the acceptance of the transfers of their personal data to the competent foreign authorities when those require it. The lack of communication or the inaccuracy of data required lead to a refusal of check in or boarding or entry destination without any responsibility of the carrier.

The information communicated are retained during the time corresponding to the execution of the contract carriage extended to the time required for the respect of our lawful obligations and the preservation of our rights.

In accordance with General Data Regulation, you have a set of rights concerning your Data that you can exercise at any time with XL Airways France.

Among his rights, each passenger has the opposition right, including the opposition right to the transfer of his personal data to authorities. However, this may result in the trip cancellation or prevent the passenger from profit of further services booked

 

  For more information, please consult our Privacy policy (https://www.xl.com/en/confidentiality-policy). To contact us concerning the personal data processing or unsubscribing to the commercial prospecting, please contact: www.xl.com/contact-us -Section: personal data.

  The organization of the passenger flight through XL AIRWAYS France may have been proceeded by contacts with participants having themselves proceeded to collections and processing of data, in particular if the passenger has made a reservation through a travel agency, a third party web site or a tour operator, each passenger is invited to contact them directly to known their processing policy of personal data or to submit any request relating to the personal data processing concerning them.

 

Article 10. FLIGHTS TO AND FROM THE UNITED STATES

 

10.1     Transfer of personal data

Brief not on information about flights between the European Union and the United States by virtue of US legislation and in accordance with an international agreement made between the European Union and the United States, the US Department of Homeland Security (hereinafter DHS) will receive certain data on trips and bookings called Passenger Name Records (PNR) relating to Passengers flying between the European Union and the United States.

The DHS has given an undertaking to use this information principally for counter-terrorism and for the prevention of other serious offences of a transnational nature. This information, together with other information, may also be used to check passenger lists for persons raising concerns on grounds of air safety.

PNR details will be retained for at least three and a half years and may be shared with other authorities.

Individuals can obtain more information on these arrangements, including the measures intended to back-up your personal data, from the airline or travel agent.

The US Department of Transportation requires the Carrier to preserve any correspondence in connection with written complaints from Passengers with disabilities or reduced mobility for three years with effect from the date on which the airline received the complaint. This correspondence is not transferred to the US authorities but is used to prepare reports intended for the US authorities for statistical purposes.

 

10.2     Details on immigration formalities

10.2.1    Passengers are responsible for ensuring that they are in possession of the required travel documents to enter US territory on grounds of their nationality. In case of any doubt, passengers are requested to contact the Embassy of the United States in Paris, Avenue Gabriel, 75008 Paris. Tel: 01 43 12 22 22 or the US Tourism Department: www.office-tourisme-usa.com. In addition, there are other websites that can help Passenger to prepare their trip including http://www.action-visas.com.

10.2.2       If a USA visa is not required, since Monday 12 January 2009, it is compulsory to complete an ESTA (https://esta.cbp.dhs.gov) before your trip in order to receive an authorisation to travel. This electronic travel authorisation must be in your possession before boarding the aircraft. It is recommended to complete the form up to no later than 72 hours before departure but it is recommended to do as soon as you plan your trip. Adults and children (however old they are) are all subject to this procedure. Without ESTA certificate or US visa, the Carrier could refuse the passenger to carriage.

10.2.3    The US authorities may also require immigration cards to be completed by each Passenger. The Carrier respectfully draws Passengers’ attention to the absolute necessity that these cards do not contain any erasure or overstrike as the US authorities apply a penalty fine to the Carrier in this case. If this were the case, the Carrier may take action against Passenger to recover the sums incurred by it.

 

10.3     Details on food products or agricultural produce contained in baggage

The US authorities ban entry of agricultural produce which must be removed from Baggage. These products include in particular meat, fruit, vegetables, plants, seeds and products made from animals or plants. For more information, kindly refer to the website: http://www.aphis.usda.gov/plant_health

 

10.4     Substances and goods prohibited in your baggage

In accordance with international regulations, US federal law prohibits the carriage of dangerous goods on board an aircraft in the hold or the cabin. Breach of these laws can give rise to punishment by a maximum prison sentence of 5 years and a fine of USD 250,000 or more. These goods include in particular explosives, compressed gases, inflammable liquids and solids, oxidisers, poisons, corrosive and radioactive materials. There is an exception for small quantities (of up to 70 ounces in total) for toiletries and medication carried in your baggage and certain fluids for lighters. For more information, contact the Carrier.

 

10.5     Control of hold baggage by the US authorities

Within the context of counter-terrorism measures, the authorities in this country may open baggage without Passenger being present. In order to avoid your baggage being damaged, it is strongly recommended to use a “TSA” padlock which enables baggage to be opened without damaging it. The Carrier declines all liability for damage incurred by any baggage when in control of US government authorities.

 

 

Article 11. GOVERNING LAW AND PROOF

 

These General Conditions of Carriage and any Contract of Carriage are governed by French law. In case of conflict between the French Standards Terms and Conditions of Carriage of XL Airways France CGT-062018-DJ-FR and this courtesy translation in English, the French version shall prevail.

 

It is expressly agreed that, unless the Carrier has committed a manifest error, the data kept in its information systems and those of its contractors, and particularly in the e-mail tools the Carrier uses, shall constitute proof of the booking/registration/boarding made and the execution of both the Carrier and the Passenger obligations. The data that the Carrier keeps on computerized or electronic media shall constitute proof and, if the Carrier produces them as evidence in any litigation or other proceedings, they shall be admissible, valid and binding as between the Carrier and the Passenger, in the same way, in the same conditions and with the same evidential weight as any document produced, received or kept in writing.

 

Article 12. PASSENGERS' CLAIMS - MEDIATION OF TOURISM

 

In case of any complaint, the passenger agrees to contact directly the Customer Relations of XL Airways France (www.xl.com/en/contact-us )before seeking the assistance of any third party (associations, collecting companies, lawyers, authority). The aim of this clause is not to limit the passenger' right to initiate a legal remedy, but to ensure that the fastest and cheapest answer can be found for both parties. In return, XL Airways undertakes to send a substantive response to any unsatisfied passenger within 60 days of receiving the complaint.

In case of complaint, and after having contacted the Customer Relations of XL Airways France, and in the absence of a satisfactory response within 60 days, the passenger may complain to the Mediator for Tourism and Travel, whose contact details and referral procedures are available on its website: www.mtv.travel

 

In addition, if the contract of carriage has been concluded online, the European Union has set up an online platform to facilitate the treatment and settlement of claims. Complaints can be filed here: http://ec.europa.eu/odr. However, we invite you to contact us directly at http//www.xl.com/en/contact-us so that we can take the necessary care to deal with your complaint.

 

If you have traveled abroad or to the United States, you may file a claim to the US Department of Transportation by mail: Aviation Protection Division, C- 75, US Department of Transportation, 1200 New Jersey Ave, SE, Washington, DC 20590 or here: https://www.transportation.gov/airconsumer

 

The Customer Relations department can be reached via the form on the following link http www.xl.com/en/contact-us. The Customer Relations department can be contacted by phone at +33 (0) 9.69.32.59.52.

Annex 1 – Baggage allowance

 

Depending on the mode of payment chosen by the Passenger, the providers in charge of the payment at the airport can charge fees and / or commissions. These expenses shall be borne by the Passenger. The Carrier does not accept payments by check.