The following terms in these General Conditions of Carriage are used with the meaning given below:
a) Except as provided for in Paragraphs 2.2, 2.3, 2.4 and 2.5 hereunder, these General Conditions of Carriage shall apply to any flight or portion of flight where the Carrier’s Designator Code is shown in the “Carrier” box of the Ticket or Coupon.
b) These General Conditions of Carriage shall also apply to carriage provided free of charge or at a reduced Fare, unless otherwise provided for in the Contract of Carriage or any other contractual document linking EWA AIR and the Passenger.
c) These General Conditions of Carriage are established under the Montreal Convention of 28 May 1999 and the relevant applicable Community law (EC Regulation 889/2002).
Where carriage is made under a chartering agreement, these Conditions shall apply only if they are communicated, by reference or otherwise, in the chartering agreement or the Ticket.
EWA AIR may close code-share agreements with such Carriers as defined in Article I above. This means that even if the Passenger has a reservation with EWA AIR and a Ticket where EWA AIR’s Designator Code is shown in the Ticket box reserved for the Carrier, another Carrier under Article I above may operate the flight. Where such agreements are in force, EWA AIR shall inform the Passenger of such Carrier’s identity at the time of reservation or at check-in at the latest. These General Conditions of Carriage shall remain valid for code-share flights.
a) These Conditions of Carriage shall apply insofar as they are not in contradiction with applicable law or registered Fares, in which case such law or Fares shall apply.
b) Any invalidation of one or several provisions of these Conditions of Carriage shall have no effect on the validity of the other provisions.
Unless otherwise provided, in case of inconsistency between the General Conditions and any other rules set by the Carrier, these Conditions shall prevail.
a) The Carrier agrees to carry the Passenger only if they have a valid Ticket in their own name. In consequence the Passenger may be asked to provide any evidence of their identity at any time.
b) Tickets are non-assignable and non-transferable, and shall remain the property of the Carrier which issued it.
c) Certain Tickets sold with a rebate are non refundable in whole or in part. It is the Passenger’s responsibility to choose the Fare that best suits their expectations and take out the appropriate insurance to cover any flight cancellation.
d) If a Passenger has an unused Ticket as referred to in sub-paragraph (c) above and is unable to travel for reasons of Force Majeure as set out in Article I above, the Carrier shall credit the amount of the Passenger’s non-refundable Ticket for a future flight, subject to reasonable administration fees, provided that the Passenger inform the Carrier as soon as possible before the flight date and give proof of such Force Majeure.
e) Except where an Electronic Ticket is issued, the Passenger shall be carried only if they can present a valid Ticket with the Coupon for the corresponding flight as well as all the other unused Flight Coupons and the Passenger Coupon. In addition, the Passenger shall not be carried if the Ticket is damaged or has been modified by someone else than the Carrier or its Authorised Agent. If the Passenger has an Electronic Ticket, they shall be carried on a flight only where they produce valid and acceptable evidence of their identity and a valid Electronic Ticket has been issued in their name.
f) If a Ticket has been lost or damaged in whole or in part, or the Ticket including the Passenger Coupon or Passenger Receipt and all unused Flight Coupons is not presented, the Air Carrier which issued the Ticket may, at the Passenger’s request and in accordance with the Carrier’s Regulation, replace such Ticket in whole or in part by issuing a new Ticket against the provision of sufficient proof for the Air Carrier that a valid Ticket was regularly issued and against payment of reasonable administration fees.
a) Unless otherwise provided for in the Ticket or these Conditions of Carriage, or where Fares affect the validity of a Ticket as indicated on the Ticket itself, a Ticket shall be valid for carriage: One year as of the date of issue, or one year as of the date of use of the first Coupon, if such first use takes place during the year following the date of issue.
b) If the Passenger is unable to travel during the period of validity of their Ticket because the Carrier cannot confirm the reservation desired by the Passenger when the Passenger requests a reservation on a flight, the validity of such Ticket shall be extended or the Ticket may be refunded in pursuance of Article X hereunder.
c) If, after starting their journey, the Passenger is unable to carry on their journey during the period of validity of the Ticket for reasons of health, the Carrier may, after the Passenger has furnished the relevant medical certificate, extend the validity of the Ticket until the date when the Passenger is able to resume their journey or until the date of the first available flight, after a declaration of aptitude. Such extension shall apply to the leg starting where the journey was interrupted and give right to carriage in the class for which the Fare was paid. Where Flight Coupons remaining in the Ticket include one or several stopovers, the validity of such Ticket may be extended for a maximum period of three months as of the date of the certificate. The validity of the Tickets of the Passenger’s close relatives shall be extended by the Carrier in the same manner.
d) If a Passenger dies during the journey, the Tickets of persons travelling with the deceased Passenger may be modified either by waiving the notion of minimum stay or by extending the validity of such Tickets. If a close relative of a Passenger who has started their journey dies, the validity of the Tickets of the Passenger and of the close relatives travelling with them may be modified in the same manner.
e) Any change provided for in sub-paragraph (d) above may be made only after reception of a Death Certificate in due form, and any extension under the same Paragraph shall not exceed forty-five (45) days as of the date of death.
a) The Ticket bought by the Passenger shall be valid only for the carriage specified on it, from the place of departure to the place of destination, via any stopover scheduled when the ticket is bought. The Fare paid by the Passenger corresponds to the journey specified on the Ticket and constitutes an essential element of the Contract of Carriage linking the Carrier and the Passenger. The Passenger’s ticket shall not be accepted and shall lose any and all validity if not all Coupons have been used in the order in which they were issued.
b) The passenger must contact the Carrier prior to any desired change of all or part of their journey. The Fare of their Ticket shall then be recalculated and the Passenger may either accept to pay the new Fare or to proceed with the original carriage as specified on the Ticket. Certain changes may not result in Fare changes but others, such as changes in places of departure or destination of your journey, may result in a change in Fare. Many Fares are valid only on the dates and for the flights specified on the Ticket and, in certain cases, cannot be modified unless a Fare supplement is paid.
c) A Passenger having to change their Ticket for reasons of Force Majeure as defined in Article I above must contact the Carrier as soon as possible. The Carrier shall then do its best to transport them to their next stopover or final destination at no extra cost.
d) If the Passenger changes their journey without the Carrier’s agreement, the Carrier shall calculate the new Fare corresponding to such change. The Passenger must then pay the difference between the Fare of the original journey bought and the Fare of the new journey. If the new Fare is lower than the old Fare, the Carrier shall refund the difference, but in any case the Passenger’s old Coupons shall no longer have any value whatsoever.
The name of the Carrier may be shown in abbreviation on the Ticket through its Designator Code, in pursuance of Article I of these General Conditions, or under any other form. The Carrier’s address shall be deemed to be that of the Airport of departure specified next to its name in the box “Carrier” of the Ticket or, in an Electronic Ticket, as specified for the first leg of your flight in the Flight Coupon (or Received Itinerary).
Unless otherwise stated, Fares apply exclusively to carriage from the airport of the place of origin to the airport of the place of destination, and do not include ground transport between airports and between airports and city air terminals. The Fare shall be calculated in accordance with Fares in force at the time of purchase of your Ticket for a journey to take place on the days and for the itinerary specified on such Ticket. Any change of itinerary or in your travelling dates may have an effect on the applicable Fare.
Unless otherwise stated in the Contract of Carriage or in any other contractual document linking the Carrier and the Passenger, Fares shall apply exclusively to such Contract or document.
Any and all costs, duties or fees imposed by a Government, any other authority or an airport managing body shall be borne by the Passenger. The Passenger shall be informed of such costs, duties or fees, which are added to Fares and, in most cases, shown separately on the Ticket. Costs, duties and fees change constantly and can be set (or increased) after the Ticket purchase date, in which case the Passenger shall have to pay the corresponding amount. Conversely, where such costs, duties or fees paid by the Passenger in addition to the Fare are reduced or suppressed, the Passenger shall be entitled to a refund of the corresponding amount.
The Fares, duties, costs and fees shall be payable in the currency of the country where the Ticket is bought, unless another currency is specified by the Carrier itself or its Authorised Agent at the time when the Ticket is bought or before (for instance because the local currency is not convertible). The Carrier may also accept payment in another currency at its own discretion.
a) Reservations are not confirmed until they are accepted and registered by the Air Carrier or its Authorised Agent in the Carrier’s reservation system. The Carrier may provide a reservation confirmation on request.
b) Certain Fares can be subject to conditions limiting or excluding the possibility to change or cancel reservations.
Where a Passenger has not paid for their Ticket by the ticketing deadline as shown by the Air Carrier or its Authorised Agent, the reservation can be cancelled and the available seat put up for sale again.
The Passenger acknowledges that the personal data concerning them have been communicated in order to make a reservation, buy a Ticket, obtain Ancillary Services, provide various amenities, facilitate the completion of administrative formalities for immigration and entry into the territory, and that such data can be disclosed to Government authorities exclusively in connection with the journey and subject to applicable law.
For that purpose the Passenger may allow the Carrier to keep such data and transfer them to its own agencies, Authorised Agents, government authorities and Carriers under Article I hereinabove, and to the service providers specified above, of whatever State.
Passengers may obtain communication of data concerning them, and have the right to access such data and have them corrected.
The Carrier shall make its best efforts to satisfy seat allocation requests, but cannot guarantee that a given seat will be allocated even if a reservation is confirmed for the said seat. The Carrier reserves the right to change the allocation of seats at any time, this being sometimes made necessary because of operation, safety or security imperatives.
Where the Passenger does not show for check-in on a given flight, the Carrier may cancel their reservations on connecting or return flights unless the Passenger has informed the Carrier in advance.
a) Latest Check-in Times (LCT) can vary according to airports. Passengers are advised to inquire in advance about and comply with LCTs to make their journeys smoother and avoid cancellation of reservations. The Carrier or its Authorised Agents will provide all necessary LCT information for the first flight on its route. Where a journey includes further flights, Passengers should inquire on LCTs by examining the Carrier’s timetables or through its Authorised Agents.
b) Passengers shall be responsible for arriving at the Carrier’s check-in counter with enough time before flight departure to carry out all formalities and, in any case, before the Latest Check-in Time specified by the Carrier. Where a Passenger does not show at the Carrier’s check-in counter before the Latest Check-in Time or does not have the appropriate document for the intended flight, and is therefore unable to board the plane, the Carrier may cancel the seat reserved for such Passenger and allocate it as it shall think fit, without any liability to the Passenger.
c) If a Flight Coupon is not taken at the check-in counter when the Passenger is given their boarding pass, the said Coupon shall remain under the Passenger’s custody and shall have to be given to the Carrier on boarding.
d) Passengers must be present at the boarding gate not later than at the time specified by the Carrier at check-in.
e) The Carrier may cancel a Passenger’s reservation if the Passenger is not present at the boarding gate at the specified time, without any liability of the Carrier to the Passenger.
f) Liability towards a Passenger for any loss, damage or expense cannot be claimed where the Passenger did not comply with the terms of this Article.
The Air Carrier may refuse to carry a Passenger and/or luggage at any point of boarding and/or connection if one or several of the following events occur:
a) The Passenger did not conform to laws, regulations or orders in effect in any State or country of departure, destination, stopover or overflight;
b) Carriage of the Passenger and/or their luggage might jeopardize the safety, health, comfort or convenience of the other Passengers or crew;
c) The Passenger’s physical or mental condition, including as caused by the consumption of alcohol or drugs or medicine, constitutes a hazard or even a risk for themselves or the other Passengers, crew or property;
d) The Passenger behaved improperly on a preceding flight and the Carrier has reason to believe that such conduct can be repeated;
e) The Passenger refused to submit to security controls under Articles VIII/5 and XIII/6 hereunder or to provide a proof of their identity;
f) The Passenger (or the person paying the Ticket) did not pay the applicable Fare and/or all due costs, duties or fees;
g) The Passenger does not seem to hold valid travel documents; tried to enter a territory during transit time; destroyed their travel documents during the flight; refused to give copies of such documents to the Carrier’s flight or ground personnel; has travel documents that are expired, incomplete under regulations in force or fraudulent (misused identity, forged or counterfeit documents);
h) The Ticket presented by the Passenger:
i) The Passenger did not use the Flight Coupons in the issuance order, under Article III/3 hereunder;
j) The Passenger claims specific assistance from the Carrier at check-in or boarding, which they did not request when reserving the journey;
k) The Passenger did not comply with safety or security regulations;
l) Where a person presenting a Ticket cannot prove that they are the person specified in the “NAME OF PASSENGER” box, the Carrier reserves the right to retain this Ticket and inform local authorities of the Passenger’s presence;
m) In the cases provided for in sub-paragraphs (g), (h), (i) and (l) above, the Carrier reserves the right to keep the Passenger’s Ticket.
a) Acceptance to carry unaccompanied minors, Passengers with Reduced Mobility, pregnant women and ill persons or any other person requiring special assistance shall be subject to the Carrier’s prior acceptance. Passengers with Reduced Mobility who informed the Carrier about their handicap or any specific assistance need when they bought their Tickets and were accepted by the Carrier with full knowledge of same cannot be refused boarding on the grounds of their handicap or specific need.
b) Passengers requiring a special meal must inquire about the availability of same at reservation (or change of reservation) or within the time limits specified by the Carrier, failing which the Carrier cannot guarantee that such special meal will be served on board. By reason of operating constraints, certain requirements may not be satisfied. In that case the Carrier shall have no liability towards the Passenger.
c) Passengers with medical problems are advised to consult a doctor before boarding a plane (especially for long-haul flights) and to take all necessary precautions.
The specific conditions provided for in sub-paragraph (b) above are not part of the Contract of Carriage and must be considered as Ancillary Services under Article XII hereunder.
In addition, where a request corresponding to cases provided for in sub-paragraphs (a) and (b) above is made at check-in, the Carrier shall not be liable for being unable to satisfy it; in that case it may even deny the Passenger boarding under sub-paragraph 1 (j) of this Article.
Any Ticket gives right to a Baggage Allowance in terms of the weight and number of items the Passenger may carry in the hold free of charge. The allowance is stipulated on the Ticket and varies according to destinations, Fare paid and carriage class. However, Baggage items must not exceed a maximum weight and size. Information on Free Baggage Allowance can be obtained from the Carrier and its Authorised Agent.
Where the Free Baggage Allowance is exceeded, the Passenger shall have to pay a Fare supplement. Supplement terms and rates can be obtained on request from the points of sale of the Carrier and its Authorised Agent.
Passengers must not include in their Baggage:
a) Items likely to constitute a hazard for the aircraft and/or the people or property on board such as those specified in the International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA) Hazardous Materials Regulations and in the Carrier’s regulation such as is a applicable (additional information can be obtained on request from the Carrier’s services);
b) Items whose carriage is prohibited by the applicable law of any State of departure, destination, overflight or scheduled stopover;
c) Items reasonably considered by the Carrier as unfit for carriage (especially considering the type of plane used) because of their weight, size, configuration or fragile or perishable nature. Information on such items can be provided to Passengers on request;
d) Firearms and ammunition other than for hunting or sport. To be admitted as checked Baggage, such firearms must be unloaded, properly packed and with the safety catch on. Carriage of ammunition is subject to the ICAO and IATA Hazardous Materials Regulations as specified in sub-paragraph (a) above;
e) Collector’s firearms, swords, knives and other arms of this type are prohibited as carry-on Baggage. However they can be admitted as Checked Baggage at the Carrier’s discretion;
f) Perishable matter, cash, currencies, jewels, works of art, precious metals, luxury clothing, optical devices, cameras, electronic or telecommunication materials or appliances, musical instruments, passports and identity cards, samples, business documents, manuscripts or securities, individualised or fungible, etc.;
g) Bladed or thrusting weapons, sprays usable as attack or defence weapons;
h) Living animals except pets, and subject to provisions of Paragraph 10 of this Article being complied with.
Where items listed in sub-paragraphs (a) to (g) of this Paragraph are included in your Baggage, the Carrier shall have no other liability to them as that provided for in Article XV hereunder.
a) Where the items listed in Paragraph 3 above are discovered by the Carrier at any boarding or stopover point, the Carrier may refuse to carry or continue to carry them as Baggage;
b) The Carrier may refuse to carry as Baggage any item by reason of its size, form, weight, content, configuration or nature, or because of operation, safety or security imperatives, or in order to safeguard the Passengers’ comfort or convenience. Information on this type of Baggage is available on request.
c) The Carrier may refuse to carry Baggage which, at its reasonable discretion, it shall consider as badly packed or placed in unsuitable containers. Information on packing and unsuitable containers is available on request.
For safety or security reasons the Carrier may ask Passengers to accept a search or any X-Ray or other type control of themselves and/or their Baggage. Where a Passenger is not available, their Baggage may be controlled or searched in their absence to check whether it contains items listed in Paragraph 3 above or any other arms or ammunition not presented to the Carrier. Where the Passenger refuses to conform to such requests, the Carrier may refuse to carry them and their Baggage. Where controls cause Damage to the Baggage and its content, the Carrier shall not be liable for same unless the Damage was directly caused by the Carrier.
a) As soon as the Passenger has handed over their Baggage at check-in, the Carrier shall take custody of same and issue a Baggage Tag for each piece of Baggage registered;
b) The Passenger shall affix their name or any other form of personal identification on the Baggage;
c) As far as possible, checked Baggage shall be carried in the same aircraft as the Passenger, unless the Carrier decides that because of operation, safety or security imperatives, it shall be carried on another flight. In that case the Carrier shall deliver the Baggage at the place of destination of the flight, unless the applicable law provides that the Passenger must be present for Customs inspection.
a) The Carrier may impose maximum dimensions for carry-on Baggage and/or limit the number of pieces. Short of any instruction, carry-on Baggage must be placed under the seat in front of the Passenger’s seat or in a closed storage space. Where a Passenger wants to take Baggage in the cabin with them but the Carrier considers that its weight or size of is excessive, dangerous in terms of safety or difficult to store, such Baggage shall not be accepted in the cabin and will have to be carried as Checked Baggage, at any time before the departure of the flight;
b) The Baggage/items the Passenger does not want to have carried in the hold (such as fragile musical instruments or other) and do not comply with provisions of sub-paragraph (a) above can be accepted as carry-on Baggage only where the Carrier was duly informed in advance and granted authorisation. An additional fee may be required for that service.
a) If the value of Checked Baggage exceeds the limit of liability specified by the Convention in case of loss, damage or delay, the Passenger can either take out a personal insurance for the Baggage or declare a higher value in writing. In that case a surcharge must be paid by the Passenger. Such sum shall be communicated on demand.
b) The Carrier reserves the right to check that the declared value corresponds to the value of the Baggage and of its contents.
a) Subject to sub-paragraph 6 (c) of this Article, the Passenger must claim their Baggage as soon as it is put at their disposal at the place of destination or stopover. Where the Baggage is not claimed within reasonable time, the Carrier may invoice a reasonable amount of custody fees to the Passenger. Where the Baggage is not claimed within three months after being put at the Passenger’s disposal, the Carrier may dispose of it without any liability to the Passenger;
b) Only the holder of the Baggage Check and Tag is entitled to claim the Baggage;
c) If a person claiming a piece of Baggage cannot produce the Baggage Check and identify the Baggage by means of the Baggage Tag, the Carrier shall not deliver the Baggage to them unless it is satisfied that their rights over the Baggage have been clearly established. At the Carrier’s request such person shall provide sufficient guarantee to compensate any such loss, damage or expense as may result from such delivery;
d) If the holder of the Baggage Check or Tag accepts the Baggage without any claim at the time of delivery, the Baggage, for want of contrary evidence, shall be deemed to have been delivered in a satisfactory condition and in pursuance of the Contract of Carriage.
The Carrier may agree to carry Passengers’ pets under the following terms:
a) Dogs, cats, birds and other pets must be conveniently placed in a clear-view container and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits. Depending on the destination, the carriage of Pets may be subject to conditions which the Passenger may obtain from the Carrier;
b) Where it is accepted as Checked Luggage, the pet and its cage are included in the Passenger’s Free Baggage Allowance;
c) Guide dogs and their cages accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the Free Baggage Allowance, in accordance with the Carrier's regulations, which are available on request;
d) Where pet carriage is not subject to the Liability system of the Convention, the Carrier shall not assume any liability for the injury, loss, delay, illness or death of the pet it agreed to carry, unless this is caused by the fault or negligence of the Carrier;
e) Passengers shall be entirery responsible for obtaining documents required by destination or transit country authorities and presenting them to such authorities. Carriage of animals without the required documents is forbidden by the Carrier. In the event of fraud or the absence or invalidity of the required documents, the Carrier shall not assume any liability for the injury, loss, delay, illness or death of animals carried, as a result of these failures, unless this is caused by the fault or negligence of the Carrier. Passengers travelling with such animals must reimburse the fines, loss, compensation and all costs incurred due to such a situation.
a) The flights and flight schedules listed in the Passenger’s Schedule Indicators are liable to be changed between their publication date and the Passenger journey’s date. They have no contractual value.
b) Before accepting the reservation, the Carrier shall inform the Passenger of the applicable flight schedules, which will be printed on their Ticket. The Carrier may have to alter the planned schedules after the Ticket purchase date. In that case the Carrier shall inform the Passenger of such change provided the Passenger has given the Carrier their contact details. However the Passenger is advised to check with the Carrier before departure that the flight schedules appearing on their Carriage document or Flight Coupon have not changed.
Where the Carrier makes a major schedule change which is not to the Passenger’s satisfaction and the Carrier cannot offer a satisfactory alternative reservation, the Passenger shall be entitled to have their Ticket refunded under Article X/2 below.
a) The Air Carrier will do its best efforts to carry the Passenger and their Baggage. In this respect, and with the aim of avoiding cancelling the carriage, the Carrier may be led to offer the Passenger carriage on a flight of another Carrier as defined in Article I above or by any other means of carriage.
b) Unless otherwise provided for in the Convention, where the Carrier cancels a flight or executes it in times excessively different from those of original schedule, or the flight does not stop at the place of stopover or destination, or causes the Passenger to miss a connecting flight within the limits of a sole Contract of Carriage for which the Passenger had a reservation, the Carrier must, in consultation with the Passenger:
c) In the cases provided for in Paragraph 2 of this Article and unless otherwise stated in the Convention, the options offered in sub-paragraph 2 (b) are the only ones the Carrier has to offer to the Passenger.
Where, due to scheduled overbooking, the Carrier is not in a position to offer a seat to the Passenger, even though the Passenger has a confirmed reservation, a valid Ticket and has arrived for check-in in accordance with the required conditions, the Carrier shall grant the compensation provided for by the relevant applicable law.
In accordance with Fare regulations, the Carrier shall refund the Ticket in whole or in part under the following conditions:
a) Unless otherwise stated in this Article, the Carrier shall have the power to refund either the person whose name is shown on the Ticket or the person who paid for the Ticket, on presentation of sufficient proof of such payment;
b) Where a Ticket was paid by a person other than the one specified on the Ticket and a refund restriction clause is specified on the Ticket, the Carrier shall refund the person who paid for the Ticket or any other person such person shall designate;
c) Unless a Ticket has been stolen, the refund shall be made only when the Carrier has received the Passenger Coupon or Passenger Receipt as well as all unused Flight Coupons;
d) A refund made to the person representing to be the person entitled to such refund under sub-paragraphs 1 (a) and (b) above, who has handed in the Passenger Coupon or Passenger Receipt as well as all unused Flight Coupons, shall be considered as valid and shall discharge the Carrier from any liability and any later claim for refund.
e) If a Force Majeure event occurring after the Passenger has started their journey prevents them from carrying on such journey, the Passenger’s Ticket shall not be refunded. In that case Article III 2 (c) of these General Conditions of Carriage (extension of Ticket validity) shall apply.
Where the Carrier cancels a flight or executes it in times excessively different from those of the original schedule or the flight does not stop at the scheduled place of stopover or destination, or causes the Passenger to miss a connecting flight or refuses to take a Passenger on board in case of scheduled overbooking, for any Passenger holding a sole Contract of Carriage, the refund shall be as follows:
a) if no part of the Ticket has been used, equivalent to the Fare paid;
b) if part of the Ticket has been used, at least equivalent to the difference between the Fare paid and the Fare corresponding to the carriage not performed as per the journey specified on the Ticket.
Where the Passenger is involuntarily placed in a lower class than that for which the Ticket was purchased, the Carrier will refund the difference in Fares, under the conditions specified by the relevant applicable Community law (EC Regulation 261/2004: Amounts for Upgrading and Downgrading).
a) If the Passenger is entitled to have their Ticket refunded for reasons other than those defined in Paragraph (2) of this Article, the amount of refund shall be equivalent:
b) Refunds under this Paragraph 3 cannot be made if they are excluded by Government prescriptions or any other contractual document between the Passenger and Carrier. These rules normally apply to Tickets marked as “Non Refundable.”
If the Passenger loses or is robbed of their Ticket in whole or in part, they may, after providing a proof of the loss or theft to the Carrier and paying reasonable administration fees, be refunded as soon as possible after Ticket validity expires provided that:
a) The Ticket or part of the Ticket lost or stolen has not been used, previously refunded or replaced (unless we are responsible for any of these situations); and:
b) The person to whom the refund is made commits to refund the amount to the Carrier in turn in such form as shall be specified to them in case of fraud and insofar as the lost or stolen Ticket is used in whole or in part by a third person (unless we are responsible for any of these situations);
c) Where the Carrier or its Authorised Agent lose the Ticket in whole or in part, they shall be fully liable for such loss.
The Carrier may deny to refund:
a) any Ticket, where the request is made after its validity has expired;
b) a Ticket presented to the Carrier or to the authorities of a country which meets the legislative or regulatory requirement to possess a ticket that enables the Passenger to leave the country, unless the said Passenger provides sufficient proof to establish that they are authorised to reside in said country or that they will leave using another Carrier under Article I above, or by any other means of carriage;
c) a Ticket for which the holder has not been admitted by the destination or transit authorities on the scheduled route, and, as a result, was returned to their boarding place;
d) a stolen, forged or counterfeit Ticket;
e) a Ticket in a currency other than that in which the payment was made;
f) a Ticket marked as “Non Refundable.”
a) Subject to applicable law, the Carrier reserves the right to make the refund in the same form and the same currency as those used when the Ticket was purchased.
b) If the Carrier accepts a refund in a refund currency different than the purchase currency, such refund shall be made at an exchange rate and under the conditions determined by the Carrier.
Refunds shall be made only by the Carrier which issued the Ticket in the first place or an Authorised Agent if the latter is authorised by the Carrier.
a) Where the Carrier considers that the conduct of a Passenger on board the aircraft is liable to discomfort, threaten or endanger (or not) one or more persons (including the crew), property or the aircraft itself, the Carrier may take any and all necessary safety measures. To this end, the Carrier may use restraining measures and/or disembark the Passenger at any stage of the flight.
b) For security reasons, the Carrier may decide to prohibit the use of electronic devices, such as portable radios, cellular telephones, electronic games or transmitting devices.
c) The use of non radio signal-emitting electronic items is forbidden when the aircraft is parked at the gate and during taxiing, take-off, ascent, descent, approach and landing.
d) These include laptops, computers, digital devices, cassette recording and listening appliances, video recorders, video cameras and CD players.
e) Hearing aids, pacemakers and other medical devices implanted into the human body can be used at all times.
f) The Carrier may be led to limit or prohibit the consumption of alcohol on board.
g) Passengers failing to comply with the provisions of this Article on board an aircraft may be liable to prosecution.
If the Carrier agrees to provide other ancillary services to the Passenger under the Contract of Carriage and subject to applicable law through third parties, its liability shall not be engaged for such services, except in the event of gross negligence or intentional wrong on its part.
If the Carrier provides ground carriage services, other Conditions of Carriage and, in particular, other liability systems may apply to the said ground carriage. Details of conditions and systems can be obtained on request from the Carrier or the carrier providing ground carriage, as the case may be.
Passengers are responsible for obtaining all necessary travel documents for their journey, including visas and any special permits required by legal and and regulatory provisions in force in the States of departure, destination or transit; they must conform to immigration and border control requirements of the authorities in these countries.
The Carrier may not be held liable for the consequences suffered by Passengers who fail to comply with the obligations referred to above.
a) Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the regulations in force in the relevant States, and to allow the Carrier to make a copy of said documents, if required, at its own discretion.
b) The Carrier reserves the right, in accordance with Article VII/1/(a) above, to refuse carriage to a Passenger who fails to comply with the applicable laws and regulations or where the Carrier has doubts as to the validity of their documents.
If a Passenger is refused entry to a territory, they must pay all the resulting charges or fines imposed on the Carrier by the local authorities, as well as the amount of their Fare for carriage from such territory. The price of the Ticket purchased for carriage to the destination, for which entry to the territory was refused, shall not be refunded by the Carrier.
If the Carrier has to pay or deposit a fine or penalty or incur expenses of any kind due to the non-compliance, whether voluntary or involuntary, by a Passenger with the law and regulations in force in the States in question, or due to a failure to present the required documents, or the presentation of invalid documents, the Passenger must, at the Carrier´s request, reimburse all amounts thus paid or deposited and the disbursements incurred. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier.
If Passengers are so requested, they must be present at the inspection of their Baggage (whether Checked or Unchecked) by Customs officers or any other Government authority. The Carrier may not be held liable for Damage or loss suffered by a Passenger who fails to comply with this provision.
Passengers are required to undergo the security checks required by Government or airport authorities, as well as by the Carrier itself.
Air Carriage performed by several successive Carriers, under a single Ticket or a Conjunction Ticket, is deemed to constitute, for the application of the Convention, a single carriage operation.
The Carrier´s liability shall be determined by the General Conditions of Carriage of the Carrier issuing the Ticket, except as otherwise provided for and brought to the Passenger´s attention. If the Carrier´s liability is incurred, it will be incurred under the following conditions:
a) Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999 and European Council Regulation (EEC) No. 2027 dated 9 October 1997 amended by Regulation No. 889/2002 in force since 28 June 2004 and, where applicable, IATA Agreements on Air Carrier liability in case of accidents referred to in Article I above.
b) The Carrier shall be liable for the harm caused in the event of death or bodily injury provided that the accident that caused the death or bodily injury occurred on board the aircraft or during any embarkation or disembarkation operations, as defined by the Convention.
c) To the extent that the following provisions do not conflict with the other provisions in these Conditions, and regardless of whether or not the Convention is applicable:
d) Except as expressly otherwise provided for under the Covention, none of these provisions involve the waiver of limitation of liability as set out in the Convention and and applicable law.
Except as expressly otherwise stipulated, none of these provisions shall involve the waiver of the exclusion or limitation of the liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, officials, agents or representatives, in accordance with the Convention and applicable law.
a) Article 17 Paragraph 1 of the Montreal Convention of 28 May 1999 provides that the Carrier is liable for Damage sustained in the event of the death or bodily injury suffered by a Passenger, if the accident that caused the Damage occurred on board the aircraft or in the course of any embarking or disembarking operations, and subject to any liability exemptions.
b) The Carrier shall not be liable for the Damage if it provides proof that:
c) Amount of compensable Damage:
The extent of the Carrier´s liability in the event of the death or bodily injury of a Passenger, under sub-paragraph (a) above, is not subject to any limitation. The amount of compensable Damage shall cover redress of the Damage, as determined by amicable agreement, expert appraisal or the competent Courts.
Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received by them under the social security system to which they are affiliated and solely for compensatory Damage.
d) The Carrier reserves all rights of recourse and subrogation against all third parties.
e) In the event of death or bodily injury resulting from an air accident under the Convention and the European Parliament and Council Regulation (EC) No. 889 of 13 May 2002 amending Council Regulation (EC) No. 2027 of 19 October 1997, the person identified as the Beneficiary may benefit from an advance to enable them to meet their immediate needs, in proportion to the material Damage sustained. The said advance shall not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to the law in force, such advance shall be paid within 15 days of the identification of the Beneficiary and shall be deductible from the final amount of compensation owed to the deceased Passenger.
Payment of said advances or early payments does not constitute recognition of liability and said amounts may be deducted from amounts paid subsequently by the Community Air Carrier as compensation, depending on the liability thereof.
This advance is not refundable except where proof is provided that negligence or another wrongful act or omission on the part of the person claiming compensation, or of the person whose rights they hold, caused the Damage or contributed thereto, or where the person to whom the advance was paid was not entitled to compensation.
a) Characteristics of compensable Damage:
b) Extent of the Carrier´s liability:
c) Extent of Compensation:
In the event of Damage suffered by Passengers resulting from a delay under the Convention, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 4,150 SDR per Passenger. The amount of compensation shall be determined in relation to the Damage proved by the Passenger.
In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 1,000 SDR per Passenger. Lump-sum compensation (intended to cover the costs of immediate requirements) may be granted to Passengers.
a) The Carrier shall be liable for Damage suffered due to the destruction, loss or Damage of Checked Baggage, if the incident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
b) Exclusions of the Carrier´s liability:
c) Amount of Compensable Damage:
For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, the Carrier´s liability in the event of Damage shall be limited to 1,000 SDR per Passenger. If a higher value was declared, pursuant to Article 12, the Carrier´s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger´s genuine interest at the time of delivery.
For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of proven fault on the part of the Carrier, its employees or agents. In this case, said liability shall be limited to 1,000 SDR per Passenger.
a) The receipt of Checked Baggage without any complaint from the Passenger shall constitute a presumption that the Baggage was delivered in a good condition and in accordance with the Contract of Carriage. Any missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently shall not be taken into account.
b) In the event of damage, delay, loss or destruction of Baggage, the Passenger must file a written complaint with the Carrier as soon as possible and not later than seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date when the Baggage was made available to the Passenger. If a complaint is not filed within the time limits stipulated, all action against the Carrier shall be inadmissible.
Any complaint must be made immediately and in writing to:
EWA Air - Service Client - Immeuble Issoufali, Place de France
97610 Dzaoudzi (Mayotte – France)
c) The right to obtain compensation shall lapse where no action is filed within two years from the date of arrival at destination, or the date when the aircraft was scheduled to arrive, or from the end of the Carriage.
d) All claims or actions under sub-paragraphs (a) and (b) above must be made in writing within the specified time limits.
No Carrier’s agent, employee or representative is authorised to change, alter, amend or suppress any one of the provisions of these Conditions of Carriage.
The General Conditions shall be governed by French law.
Air Carrier Liability for Passengers and their Baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of Death or Injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDR (approximate amount in local currency), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within fifteen days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDR (approximate amount in local currency).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDR (approximate amount in local currency).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid them or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDR (approximate amount in local currency).
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDR (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
This information notice can neither constitute a basis for claim nor an interpretation of the provisions of the Community Regulation or the Montreal Convention and has no contractual value between the passenger and the carrier.