general conditions of carriage (HV)

On this page you will find the (Fare) conditions and the General Conditions of Carriage Transavia Airlines C.V that apply to the scheduled flights operated by Transavia Airlines C.V..

(FARE) CONDITIONS
(These conditions apply to all Transavia Airlines C.V. flights.) Type of fare: Transavia Restricted Fare

Discounts:
Child (2 to 11 years): no discount.
Baby (0-1 year): pay fee € 10 per one way *
Senior citizens (60+): no discount.

* A discount shall not apply if a child is two years of age or older on the date of the flight. If a child has his/her second birthday after the outgoing flight but before the return flight, this child must travel in his/her own seat.

Minimum stay restriction: For Transavia flights no stay restrictions apply.

Maximum stay restriction: For Transavia flights no stay restrictions apply.

Making changes to your booking
It is possible for you to make the following changes: A fee is payable for all changes made (see Costs for changes below). For making changes to your booking, the following terms and conditions apply:

If you booked via the internet
You can make changes to internet bookings up to 24 hours before the departure of your outward flight. You can make changes at the transavia.com call center (see opening times) up to 1 hour before the departure of your outward flight.

Please note: Do you wish to make changes to the booking of just one of the passengers in your party? Please contact the transavia.com call center in order to split your booking.

Name changes
Name changes can only be made via the transavia.com call center up to 1 hour before the original flight departure time upon the payment of a fee (see Costs for changes below). This relates to the following changes:
Please note: A change to your flights is only possible if the flight you wish to change to is actually available at that precise time. transavia.com flights are added to the systems each season.

Costs for changes
For changes to your reservation, the following charges apply:

Cancellations
Cancellations can only be made over the phone through the transavia.com call center. Cancellation costs amount to 100% of the total booking fee. No refund is given therefore, with the exception of passenger taxes imposed by the airport or authorities, which can be refunded at your request. The fuel surcharge will not be refunded. A request for refund of these taxes must be made in writing within 3 months of the booked travel date. Send your request to transavia.com Attn Customer Relations (tax refund), P.O. box 7777, 1118 ZM Schiphol, The Netherlands, stating reservation number, passenger names and travel dates. Only if you have given us this information we can process your request. Requests for refund are subject to a charge of € 30 administration costs per cancelled booking. For further information, contact the transavia.com call center.

Special requests
If you have special wishes, (pet, bicycle, etc.) or if you need certain kinds of assistance (wheelchair, oxygen, etc.) due to mobility limitations, we advise you to contact the transavia.com call centre at least 72 hours before departure so that you can be sure that we can comply with your wishes. If you notify us of these wishes in fewer than 48 hours before departure, we cannot guarantee that we can comply with your wishes. The height of your wheelchair cannot exceed 86 cm. We also kindly request that you check in on time (2.5 hours before departure) so that your wheelchair can be made ready for travel.


Special offer and/or promotional fares
transavia.com regularly offers specific special offer and/or promotional fares on scheduled flights to various transavia.com destinations. The conditions that apply to these special offers and promotions may differ from the fare conditions that normally apply to transavia.com services (see above). If this is the case the different conditions that apply to the special offer or promotion in question will be noted on the website.

Children travelling alone
The following rules apply to children traveling unaccompanied (unaccompanied: children accompanied by someone of 16 years of age or older):

Children under the age of 4 will not be accepted on board traveling unaccompanied.
Children aged 5 to 11 are allowed to travel unaccompanied. The staff of the transavia call center must be notified that the child will be traveling unaccompanied. transavia.com will make arrangements for the child to be escorted to and from the aircraft. The purser on duty will look after the unaccompanied child during the flight and on arrival the purser will hand the child over to the transavia.com handler at the final destination. There must be someone of 16 years of age or older to collect the child at the final destination. Otherwise the child has to go back on the return flight. The person who has come to collect the child must report to the transavia.com handler at the airport in question. The cost of this service is €50.00 per child per one way.
Children aged from 12 to 16 are allowed to travel unaccompanied and will not be escorted by transavia.com personnel.
Passengers accompanying children under the age of 12 must be 16 years of age or older themselves.

Baggage
Excess baggage (i.e. all baggage over and above 20kg) and odd-shaped baggage (such as bicycles, surfboards, etc.) will only be accepted upon payment of a surcharge. The carrying of bicycles, surfboards, wheelchairs and pets, amongst others, is subject to certain restrictions. Passengers wishing to take any of these items with them must notify the transavia call center when booking.
A surcharge also applies for golf sets, fishing, and winter sports equipment. The transavia call center does not need to be notified in advance.

Passengers with reduced mobility
1. Prior to the commencement of the flight
The carrying of passengers traveling with a wheelchair or in need of special assistance is subject to certain restrictions. Passengers wishing to travel with a wheelchair or in need of special assistance must notify the transavia.com call center when booking or at least 48 hours prior to departure. Please specify whether you can walk unaided, whether or not you are able to manage stairs or that you are unable to walk. The appropriate form of assistance will be arranged based upon this information. Passengers who require assistance are requested to check in early in order to allow sufficient time to arrange a wheelchair. If you are traveling with a wheelchair with a wet battery or a scootmobile, please contact the transavia call center for our conditions.

2. Service on board
transavia.com flight attendants are not authorised to assist passengers with eating or personal hygiene. The same applies to lifting or carrying passengers and administering medicines or injections. If you need this kind of assistance, you will need to travel with a personal escort who can assist you during the flight. A personal escort pays the normal fare.

PETS
A new EU regulation imposes more stringent conditions that apply to the transport of pets (cats and dogs) between EU Member States or into the EU from outside the EU.
These pets must
a) have a passport for household pets. This passport must provide information about anti-rabies vaccinations and other information about the health of the animal in question, and
b) have a clearly legible tattoo or an electronic identification system (transponder).

Your vetinary will be able to provide you with further information. Your vetinary issues passports and can provide a tattoo or a transponder.

If you are unable to present a passport for your domestic pet or if your pet does not have a tattoo or an electronic identification system, we will have no choice but to refuse to accept your pet on the flight. Should this be the case, transavia.com is not liable for any costs incurred by the passenger as a result.

transavia.com only carries cats and dogs that are at least three months old. Pets are not accepted on intercontinental flights and flights to and from Ireland and the U.K. Contact the transavia call center and ask for the conditions of carriage of pets.

Cancellation of flights
If a flight is cancelled on account of force majeure (see article X of the General terms and conditions of transport), upon being requested to do so by the passenger transavia.com will refund the cost of the ticket. The passenger is then not entitled to alternative means of transport.

transavia.com reserves the right to cancel transavia.com flights up to 2 weeks prior to the date of departure. In this case transavia.com will refund the cost of the ticket. If a flight is cancelled less than 2 weeks prior to departure transavia.com will make arrangements to provide alternative transport
(with available Transavia flight) (unless prevented by force majeure).

Delay
In the case of delay due to force majeure the passenger is not entitled to alternative means of transport.

Changes in timetable and/or flight schedule
transavia.com reserves the right to carry out a change to the timetable and/or flight schedule. We will make an effort to operate your flight according to the timetable and/or flight schedule which is in force at the day of your flight.

Performance by partners
transavia.com reserves the right – after prior notice - to transfer the contract of carriage to one of its partners within the KLM/Air France group. In this case, that partner will be responsible for the operation of the flight, and its conditions of carriage will apply.

performance of flights
Your flight will be operated by transavia.com, unless stated otherwise.

Changes
transavia.com may change its conditions from time to time. These changes enter into effect for you as a passenger on the date specified when the change is announced. So we recommend that you check the conditions periodically.

General Conditions of Carriage (Passengers and Baggage)

Dear passenger

These General Conditions of Carriage apply to all carriage of passengers and baggage, performed by transavia.com. In the ticket reference is made to the these General Conditions of Carriage as the conditions of carriage.

At transavia.com you can get a free copy of these General Conditions of Carriage. At first request transavia.com will send a free copy of these conditions to you.

The whole content of these conditions are of importance, notwithstanding this, we would like to draw your special attention to the articles 7, 8, 9, 11 and 14.

We wish you pleasant flights with transavia.com.


TRANSAVIA AIRLINES C.V.

P.O Box 7777
1118 ZM Schiphol Airport
Netherlands


Contents

Article 1 Definitions
Article 2 Applicability
Article 3 Tickets
Article 4 Fares and charges
Article 5 Reservations
Article 6 Check-in
Article 7 Refusal of and limitation on carriage
Article 8 Baggage
Article 9 Schedules, cancellation of flights, substitution
Article 10 Refunds
Article 11 Conduct aboard aircraft
Article 12 Arrangements by Carrier
Article 13 Administrative formalities
Article 14 Liability
Article 15 Time limitation on claims and actions
Article 16 Modification and waiver
Article 17 Charter Carriage
Article 18 Denied Boarding Compensation


These conditions have been filed with the Chamber of Commerce at Amsterdam, file number 34069081, February 2005[ ]


article 1. Definitions

AGENT means both agent and sub-contractor.

AGREED STOPPING PLACES means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier’s timetables as scheduled stopping places on the passenger’s route.

AIRLINE DESIGNATOR CODE means two-characters or three letters which identify particular air Carriers.

AUTHORIZED AGENT means a passenger sales agent who has been appointed by Carrier to represent Carrier in the sale of air passenger transportation over the service of the Carrier and, when authorized, over the services of other air Carriers.

BAGGAGE means both checked baggage and unchecked baggage, unless otherwise specified.

BAGGAGE CHECK means those portions of the ticket which relate to the carriage of the passenger’s checked baggage, including a claim check issued by Carrier to be attached to the ticket.

BAGGAGE IDENTIFICATION TAG means a document issued by Carrier which is attached by Carrier to a particular article of checked baggage for identification of such baggage.

CARRIAGE means carriage of passenger and/or baggage by air, gratuitously or for reward, including transportation services incidental thereto.

CARRIER includes transavia.com and the air Carrier, other than transavia.com, issuing the ticket and all air Carriers that carry or undertake to carry the passenger and/or his baggage thereunder or undertake to perform any other services related to such air carriage, whichever is applicable pursuant to the context of the provisions of these General Conditions of Carriage.

CHARTER CARRIAGE means carriage by an “actual Carrier” who, by virtue of authority from the “contracting Carrier” (charterer or tour operator), performs the whole or part of the carriage pursuant to a charter agreement. The contracting Carrier is the Carrier who as a principal makes an agreement for carriage with the passenger.

CHARTER TICKET means a ticket issued pursuant to a charter agreement.

CHECKED BAGGAGE means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage identification tag.

CONDITIONS OF CONTRACT means those statements contained in, or delivered with, the ticket or paper Itinerary which include a reference to notices and/or these General Conditions of Carriage.

CONFIRMED RESERVATION means that the passenger has a ticket which contains
(a) in case of a paper ticket a specification of the number, date and time of the flight and the notation “OK” in the appropriate space, or
(b) in case of an electric ticket or paperless transport document, an indication that the reservation has been registered and confirmed.

CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
- the convention for the unification of certain rules relating to international carriage by air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Convention Supplementary to the Warsaw convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier signed at Guadalajara on 18 September 1961.
- the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999.

COUNTRY OF DEPARTURE means the country where the place of departure as herein defined is situated.

COUPON means both a Flight Coupon and an Electronic Coupon.

DAMAGE includes death, injury, damages due to delay, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.

DAYS mean calendar days, provided that, for the purposes of notification, the day upon which the notice is dispatched shall not be counted, and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.

DENIED BOARDING means a refusal to carry a passenger on a transavia.com flight although this passenger (1) has a Confirmed reservation on that flight, (2) holds a valid Ticket and (3) has presented himself/herself for check-in at the check-in desk before the latest check-in time as specified by Carrier, or such any other time indicated to the passenger in advance by Carrier or by its agent or the contracting Carrier, or if no time is indicated, not later than 45 minutes before the published departure time, except where there are reasonable grounds to deny the passenger boarding such as Force Majeure, reasons of health, safety or security, or inadequate travel documentation.

DENIED BOARDING COMPENSATION OR DBC means a compensation offered to the passenger in accordance with the provisions of article 18 of the General Conditions of Carriage.

ELECTRONIC COUPON means an electronic flight coupon or other value document held in Carrier’s database.

ELECTRONIC TICKET means the paper itinerary issued by Carrier or on Carrier’s behalf, the electronic coupons and, if applicable, a boarding document and/or booking confirmation.

EUROPEAN COMMUNITY in Articles 9, 10 and 18 of these General Conditions include any countries which are not part of the European Community in which EU Regulation 261/2004 applies, either directly or indirectly, pursuant to arrangements between those countries and the European Community.

FLIGHT COUPON means that portion of the ticket issued by or on behalf of Carrier that bears the notation “good for passage” or in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which passenger is entitled to be carried.

FORCE MAJEUR in the framework of these General Conditions of Carriage, force majeure means any circumstances beyond the control of Carrier as a result of which the passenger can no longer reasonably demand performance of the agreement by Carrier, including but not limited to cases of political instability (wars, riots, airport closure, embargoes, seizure, hostilities, unsettled international conditions, government regulations), meteorological conditions incompatible with the operation of the flight concerned (floods, earthquakes, hurricanes, thick fog, severe storms, snow/runway iced cover), security risks (terrorist attacks, bomb alert, hijacking, requisitioning of aircraft or seats on the flight by government order, fire or explosions, sabotage), unexpected flight safety shortcomings (e.g. mechanical failure, defective or non-functioning airport facilities such as defective navigation systems, de-icing station, congested x-ray screening check points, breakdown in airport information systems), unexpected diversions as a consequence of illness/childbirth on board and/or unruly passenger(s), epidemics, strikes that affect the operation of Carrier, air traffic management decision in relation to a particular aircraft on a particular day that gives rise to a long delay or the cancellation of one or more flights by that aircraft..

GROSS NEGLIGENCE means any act or omission done recklessly and with knowledge that damage would probably result.

INCAPACITATED PASSENGER means a passenger whose physical, medical or mental condition requires individual attention (on enplaning and deplaning; during flight; in an emergency evacuation; during ground handling) which is normally not extended to other passengers.

NORMAL FARE means the highest fare fixed for carriage in a given class of carriage, and any other fare denominated and published as a normal fare.

OVERBOOKED FLIGHT means any flight in return for payment with a number of passengers holding a confirmed reservation and presenting themselves for check-in within the required time limit and as stipulated exceeds the number of available seats, including flights where the aircraft intended for the flight has been replaced by another aircraft.

PAPER ITINERARY means a document or documents Carrier issues to passengers travelling on electronic tickets that contains the passenger name, flight information and notices.

PASSENGER means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

PASSENGER COUPON or PASSENGER RECEIPT means that portion of the ticket which is so marked and which ultimately is to be retained by the passenger.

PLACE OF DEPARTURE means the airport from which travel initially commences as shown on the ticket.

PLACE OF DESTINATION means the airport where the passenger reaches his ultimate stopping place as shown on the ticket.

RESERVATION which is equivalent to the term “booking” means the allotment in advance of seating or sleeping accommodation for a passenger or of space or weight capacity for baggage.

SPECIAL DRAWING RIGHT or SDR means a unit of account established by the International Monetary Fund.

SPECIAL FARE means any fare which is not a normal fare.

STOPOVER means a deliberate interruption of the journey by the passenger at a point between the place of departure and the place of destination.

TARIFF REGULATIONS mean the regulations and conditions applicable to any normal or special fare as determined by Carrier.

TICKET means either the document entitled “Passenger Ticket” or the electronic ticket, in each case issued by or on behalf of Carrier and including certain conditions of contract and notices, and the flight and passenger coupons or passenger receipt contained therein.

TRANSAVIA.COM means Transavia airlines C.V.

UNCHECKED BAGGAGE means any baggage of the passenger other than checked baggage.

WILFUL MISCONDUCT means any act or omission, done with intent to cause damage.


ARTICLE 2. Applicability

1. General
(a) These General Conditions of Carriage are the conditions of carriage of transavia.com referred to in, - amongst others - the ticket. They apply to all carriage of passengers and baggage, performed by Carrier for reward. Unless otherwise agreed they also apply to gratuitous carriage. These General Conditions of Carriage take precedence over the “conditions of contract” in the ticket. Carriage against special fares may also be subject to special conditions and/or tariff regulations which in case of contradiction shall take precedence over these General Conditions of Carriage.

(b) The General Conditions of Carriage shall apply to passengers traveling on a flight or a (electronic) specified flight sector, pursuant to a ticket on which transavia.com is designated as the Carrier for such flight or a specified flight sector.
Designation of transavia.com as the Carrier for such flight or specified flight sector constitutes prima facie evidence of the contract of carriage for that flight or specified flight sector between transavia.com and the person named as passenger on the ticket.

(c) These General Conditions of Carriage have been drawn up in both Dutch and in English. In the event of conflict between the two versions, the Dutch version shall prevail

2. Applicable and overriding law
Carriage to which these conditions apply is governed by Dutch law. To the extent that any provision contained or referred to herein is contrary to anything contained in the convention and in any other treaties, applicable laws, government regulations, tariff regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

3. Effective rules
All carriage shall be subject to Carrier’s general conditions of carriage and Carrier’s tariff regulations in effect on the date of issue of the ticket or, if such date cannot be ascertained, on the date of commencement of carriage covered by the first flight coupon of the ticket or in the electronic ticket.

4. Changes
transavia.com may change its conditions from time to time. These changes enter into effect for you as a passenger on the date specified when the change is announced. So we recommend that you check the conditions periodically.

ARTICLE 3. Tickets

1. Ticket evidence of contract
The ticket constitutes evidence of the contract of carriage between Carrier and the passenger named on the ticket.

2. Requirement for valid ticket
A ticket will not be issued until the applicable fare has been paid or until credit arrangements established by Carrier have been complied with. Except in the case of an electronic ticket a person shall not be entitled to be carried on a flight unless that person presents a valid ticket containing the flight coupon for that flight, all other unused flight coupons and the passenger coupon or, if issued, the passenger receipt. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or has been altered otherwise than by Carrier or its authorized agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and a valid electronic ticket has been duly issued to that person.

3. Irregularities of ticket; lost or stolen ticket
In case of loss, theft or mutilation of a ticket, or part thereof, or presentation of a ticket not containing the passenger coupon and all unused flight coupons, the passenger shall be obliged to purchase a new ticket in order to be able to travel. Carrier may however, at its sole discretion - provided there is evidence, readily a certainable at the time, that a ticket valid for the flight(s) in question was duly issued - replace such ticket or part thereof by issuing against an administration fee a new ticket. In such case the passenger shall however be bound to pay Carrier the fare for the new ticket in the event, and to the extent, that the former ticket or flight coupons are used by any person or that a refund in respect thereof is made to any person.

4. Ticket not transferable
A ticket is not transferable. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled, if in good faith it provides carriage or makes a refund to the person presenting the ticket. Carrier reserves the right to request a passenger to identify himself with valid identification. Carrier shall only carry the person, whose name is stated on the ticket.

5. Period of validity
A ticket issued at the normal fare is valid for carriage for one year from the date of commencement of flight or, if no portion of the ticket is used, from the date of issue thereof. A ticket issued at a special fare is valid for carriage only for the period and subject to the conditions as notified by Carrier in its (tariff) regulations.

6. Extension of validity
(a) If a passenger is prevented from traveling within the period of validity of the ticket because Carrier:
(1) is unable to provide space on the flight at the time such passenger requests reservation;
(2) cancels the flight on which the passenger holds a reservation;
(3) omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover;
(4) causes the passenger to miss a connection;
(5) substitutes a different class of service; or
(6) is unable to provide previously confirmed space, the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available for that passenger in the class of service for which the fare has been paid.

(b) In the event of death of a passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death of the spouse or the immediate family of a passenger who has commenced travel, the passenger’s tickets and those of his family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall be for a period no longer than 45 days from the date of the death.

7. Flight coupon sequence
(a) Carrier will honor flight coupons only in sequence from the place of departure as shown on the ticket. The passenger coupon or passenger receipt and all unused flight coupons not previously surrendered to Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to Carrier at Carrier’s request.

(b) The ticket will not be valid and Carrier will not honor the passenger’s ticket if the first flight coupon for international travel has not been used and the passenger commences his journey at any stopover or agreed stopping place.
availability of space on the flight applied for.

8. Abbreviations
Carrier’s name may be abbreviated in the ticket.



ARTICLE 4. Fares and charges

1. General
Fares apply only for carriage from the place of departure to the place of destination. Fares do not normally include transport service between airports and between airports and town terminals. Carrier may however, at its discretion, provide such transport without additional charge.

2. Applicable fares
Applicable fares are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s tariff regulations, for the flight or flights indicated in the ticket from the place of departure to the place of destination, in effect for a given class of service at the place of actual commencement of the carriage on the date the ticket was issued. If international carriage actually commences in a country other than the country of departure, the fare must be reassessed from such country and the difference shall be paid by the passenger, or, as the case may be, refunded by Carrier, in accordance with article 10 paragraph 4 of these conditions.

3. Routing
Unless otherwise provided in Carrier’s tariff regulations, the total fare for the routing takes precedence over the combination of intermediate fares applicable to the same class of carriage between the same places via the same routing.

4. Taxes and charges
Any tax or charge imposed by government or by municipal or other authority, or by the operator of the airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the otherwise applicable fares and charges and shall be payable by the passenger to the extent they are not already included in the fare, even when the passenger already paid the ticket-fare.

5. Currency
To the extent the applicable law permits, fares and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published in the country of payment, the exchange rate for such payment will be the banker’s buying rate of the bank, used by Carrier in this respect on the day the ticket is issued.


ARTICLE 5. Reservations

1. Reservation requirements
(a) Reservations are not confirmed until recorded as accepted in the reservation system of Carrier or its authorized agent.

(b) Special fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.

2. Ticketing time limits
If a passenger has not secured his ticket for his reservation within the time limit specified by Carrier, by either purchasing a ticket which indicates his reserved space or by having his previously issued ticket revalidated or reissued to reflect his reserved space, Carrier may cancel the reservation without notice.

3. Personal data
To the extent permitted by applicable law, the passenger authorizes Carrier to retain any personal data which have been given to Carrier or its authorized agents for the purposes of making a reservation for carriage, for obtaining ancillary services, for operating baggage fraud detection systems and ticket fraud prevention/detection systems, for facilitating immigration and entry requirements, and for making such data available to Government Authorities, such as Customs and Immigration Authorities, authorized to require such data. Carrier is further authorized to transmit such data for said purposes to its own offices, its authorized agents, other Carriers, the providers of ancillary services or Government Authorities, in whatever country they may be located.

4. Seating
The passenger is not entitled to any particular seat in the class of carriage reserved. Seat reservations are not binding.

5. Service charge when space not cancelled
Service charge may be payable by a passenger who fails to use space for which a reservation has been made.

6. Communication charges
The passenger may be charged for any communication expenses incurred by Carrier or its authorized agent as a result of a request by the passenger in connection with his reservation or carriage other than communication expenses incurred in securing his original reservation on a flight.

7. Reconfirmation of reservations
If Carrier requires the passenger to reconfirm onward or return reservations within a certain time limit, failure to comply with any such requirement will entitle Carrier to cancel the onward or return reservation.

8. Cancellation of onward reservations made by Carrier
If a passenger does not use a reservation and fails to advise Carrier, Carrier may cancel or request cancellation of any onward and/or return reservations.


ARTICLE 6. Check-in

In order to permit completion of any government formalities and departure procedures sufficiently in advance of flight departure, the passenger is required to present himself at Carrier’s check-in location and boarding gate not later than the time that will be indicated by Carrier (and/or contracting Carrier). If the passenger fails to present himself in time at Carrier’s check-in location or boarding gate, or appears improperly documented, Carrier is entitled to cancel the space reserved for the passenger and will not be obliged to delay the flight. Carrier will not be liable to the passenger for loss or expense due to failure of the passenger to comply with the provisions of this article.

ARTICLE 7. Refusal of and limitation on carriage

1. Right to refuse carriage
Carrier may refuse carriage of passenger and his or her baggage or further carriage for reasons of safety and/or order or if, in the exercise of its reasonable discretion, Carrier determines that such action is necessary:
(a) because the conduct, age or mental or physical state of the passenger is, or reasonably seems to be, such as to:
(1) require special assistance of Carrier which Carrier cannot provide;
(2) cause discomfort or make himself objectionable to other passengers; or
(3) possibly involve any hazard or risk to himself or to other persons or to property;

(b) because the passenger has failed to observe any reasonable instructions of Carrier, given in order to ensure safe, efficient and comfortable carriage for all passengers or to enable Carrier otherwise to comply with its obligations towards any other passengers;

(c) because the passenger has expressed himself in such a way or displayed such behavior that doubt exists with respect to the safety to carry such person. Such expression or behavior includes the use of threatening, abusive or insulting language towards ground staff or crew;

(d) because the passenger has refused to submit either himself or his baggage to a security check by Carrier or by any airport or government official;

(e) because the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger have not been complied with;

(f) because Customs and/or Immigration Authorities or any other Government Authority has informed Carrier orally or in writing that the passenger is not allowed to travel. This includes the case that the passenger has received a negative travel advice from Customs and/or Immigration Authorities or any other Government Authority;

(g) because the passenger does not appear to be properly or validly documented;

(h) because the passenger may seek to enter a country through which he may be in transit, or for which he does not have a valid entry document;

(i) because the passenger destroys his documentation during the flight;

(j) because
i. the ticket presented by the passenger:
(1) appears to be invalid;
(2) appears to have been acquired unlawfully or to have been purchased from an entity other than the issuing Carrier or its authorized agent;
3) has been reported lost, stolen, fraudulent or otherwise suspicious;
(4) appears to be a counterfeit ticket;
(5) contains any flight coupon which appears to have been altered by anyone other than Carrier or its authorized agent, or has been mutilated, or
ii. the person presenting the ticket cannot prove that he is the person named in the “NAME OF PASSENGER” box,
in which cases Carrier reserves the right to retain such ticket;

(k) because the passenger has previously committed one of the acts or omissions referred to above, and Carrier has reason to believe that such conduct may be repeated;

(l) because Carrier has notified the passenger in writing that Carrier would not at any time after the date of such notice carry the passenger on his flights, until further notice.

2. The passenger refused carriage or removed en route for any reasons specified in paragraph 1 of this article, is not entired to refund.

3. Carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness or other people requiring special assistance shall only be performed subject to Carrier’s prior consent. Next to that, passengers who suffer a contagious disease, must produce at check in a medical certificate of an (independent) doctor, which statement confirms that it is safe to fly and that the disease is no longer contagious.

ARTICLE 8. Baggage

1. Items unacceptable as baggage
(a) The passenger shall not include in his baggage:
(1) articles, liquids or other substances (other than alcoholic beverages and non-radioactive medicinal or toilet articles, including aerosols) which are capable of posing a significant risk to health, safety or property when transported by air, including (but not limited to) explosives, compressed gasses, corrosives, oxidizing materials, radioactive materials, magnets, materials that are easily ignited, poisonous, offensive or irritating substances, and any further items specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organization (ICAO) and the Dangerous Goods Regulations of International Air Transport Association (IATA) (further information on this subject is available from Carrier on request);
(2) items, the carriage of which is prohibited by applicable laws, regulations or orders of any state to be flown from, to or over;
(3) articles which in the opinion of Carrier are unsuitable for carriage by reason of their character, weight, size, shape or smell;
(4) live animals, except as provided for in paragraph 10 of this article.

(b) Firearms, ammunition and weapons such as antique firearms, swords, knives and similar items shall not be accepted for carriage, unless carried as cargo or checked baggage and provided Carrier’s prior approval has been obtained.

(c) If any items referred to in subparagraphs (a) and (b) of this paragraph are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these General Conditions of Carriage applicable to the carriage of baggage.

2. Right to refuse baggage
Carrier will refuse carriage as baggage of any item specified in paragraph 1 of this article and may refuse further carriage of any baggage on discovering that it consists of or includes any such item. Carrier has no obligation to take refused baggage and/or articles into custody. If baggage and/or articles are taken in custody other than as checked baggage, Carrier does not accept any liability therefore, except in case of willful misconduct or gross negligence.

3. Right of search
Carrier may request the passenger to permit a search, x-ray, manual scan or other type of scan to be made of his person and/or his baggage, and may search or have searched the passenger’s baggage in his absence if the passenger is not available, for the purpose of determining whether or not he is in possession of or whether his baggage contains any item named in paragraph 1(a) of this article or contains any arms, weapons or ammunition in respect of which paragraph 1(b) of this article has not been complied with, for tracing purposes or for reasons of safety and security, and in order to ensure that provisions in respect of baggage are complied with. If the passenger is unwilling to comply with such request, Carrier may refuse to carry the passenger or baggage. In the event an x-ray, manual scan or other type of scan causes damages to the passenger and/or his baggage. Carrier does not accepts any liability therefore, except in case of willful misconduct or gross negligence.

4. Checked baggage
(a) Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof. Carrier will thereupon issue a baggage identification tag for each piece of checked baggage.

(b) Carrier may refuse to accept baggage as checked baggage unless it is properly packed in locked suitcases or other suitable containers to ensure safe carriage with ordinary care in handling. Carrier has no obligation to take refused baggage and/or articles in custody. If baggage and/or articles are taken in custody other than as checked or unchecked baggage, Carrier does not accept any liability therefore, except in case of willful misconduct or gross negligence.

(c) The passenger shall not include in checked baggage fragile or perishable items, money, keys, jewelry, electronic equipment, metals, silverware, negotiable instruments, business documents, samples, securities, valuable items, medications, medical documents, passports and other identification documents.

(d) Prior to acceptance the passenger shall affix exterior identification to the baggage showing his family name and initials. If the passenger is not willing to do so, Carrier may refuse carriage of the passenger and baggage.

(e) Carrier undertakes to use reasonable efforts to carry checked baggage on the same aircraft as the passenger. Checked baggage not so carried will subsequently be delivered to the passenger as soon as reasonably possible unless applicable law and/or custom- and/or airport authorities require the passenger to be present for customs clearance.

(f) Carrier is not liable for scratches, dents and other minor damage to suitcases or other luggage or damage to handles, wheels and belts and other protruding parts of suitcases or luggage, or damage due to the decay of the contents of the baggage, unless Carrier has caused such damage by its gross negligence or willful misconduct.

5. Free baggage allowance
(a) Passengers are allowed 20 kilos of baggage free of charge. Depending on the route to be flown, this amount is based either on the weight of the baggage (the “weight system”) or a combination of weight, size and number of pieces (the “piece system”). More information is available on Carrier’s internet sites or via Carrier’s call center.
(b) The carrying of bicycles, surfboards, wheelchairs and pets is subject to certain restrictions. Passengers wishing to take any of these items with them must notify transavia.com when booking.

6. Excess baggage
(a) The carriage of baggage in excess of the free baggage allowance is subject to a charge. Details concerning this charge are available at the offices of Carrier and its authorized agents.

(b) Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage which is in excess of the applicable free allowance.

7. No declaration of higher value and charge
Checked baggage will be considered to be accepted without declaration of a higher value. However, you can increase the limit of liability for loss of, damage of delay to baggage by filling in a “special declaration” stating a higher value of the baggage. transavia.com will charge a supplementary fee for this. This fee is based on a tariff, caused by the extra costs for carriage and insurance of the baggage involved, on top of the respective costs for baggage, valued on or beneath the amount of the liability limit. This tariff can be obtained on request.

8. Unchecked baggage
(a) Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin that is available for use by the passenger. Unchecked baggage must also comply with Carrier’s further regulations. Any instruction given by Carrier in this respect shall be followed by passenger. Items other than the kind or in excess of a number as specified in the ticket cover and items determined by Carrier to be of excessive weight or size or considered unsafe for any reason will not be permitted in the cabin and will further be regarded and handled as checked baggage.

(b) Musical instruments are generally transported in the hold. Musical instruments that in the passenger’s opinion are not suitable (fear of breakage, etc.) for transport in the hold will only be accepted for transport in the cabin if the carrier has been notified in advance and has given its permission for such. The transport of such items may be charged separately. Only musical instruments that meet the size requirements for hand luggage may be carried in the cabin. It is not possible to book an extra seat for the transport of a musical instrument.

9. Collection and delivery of baggage
(a) It is the passenger’s responsibility to collect his baggage as soon as it is available for collection at places of destination or stopover. Should the passenger not collect it within a reasonable time, Carrier may charge the passenger a storage fee.

(b) Only the bearer of the baggage identification tag delivered at the time the baggage was checked, is entitled to collect his baggage.

(c) Acceptance of baggage by the bearer of the baggage identification tag without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.

10. Animals
(a) Carriage of dogs, cats, domestic birds and other pet animals is subject to Carrier’s explicit prior approval. It is contingent on the animals being properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit. Carrier reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.

(b) If accepted as baggage, the animal together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.

(c) Animals, trained to assist governmental officials, rescue teams or handicapped passengers, and accompanying such officials, teams or passengers, will be carried free of charge, together with containers and food, in addition to the applicable free baggage allowance.

(d) Acceptance for carriage of all animals is subject to the condition that the passenger assumes full responsibility for such animal and the necessary permits and certificates, or the like. Carrier shall not be liable for injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, state or territory, unless such damage has been caused by Carrier’s willful misconduct or gross negligence.


ARTICLE 9. Schedules, substitution, delay and cancellation of flights.

1. Except in case of willful misconduct or gross negligence, Carrier shall not be liable for errors and omissions in timetables or other published schedules (if any), nor for any incorrect representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operations of any flight..

2. Passenger is responsible to provide transavia.com with his/her contact details and/or contact address through which he/she may be contacted in the event of changes to the flight schedule(s ).

3. Carrier reserves the right to arrange for a flight to be performed by an alternative Carrier and/or aircraft and/or means of transportation, without being required to give written notice thereof.


4. For passengers departing from an airport located in the territory of one of the countries in the European Community, who have a Confirmed Reservation on, and hold a valid ticket for a flight operated by transavia.com, and have presented themselves at the check-in desk before the latest check-in time as specified by Carrier, or such any other time indicated to them in advance by Carrier or by its agent or the contracting Carrier, or if no time is indicated, not later than 45 minutes before the published departure time, the following special remedies shall apply in case of cancellation or delay:-

(A) CANCELLATION

In case of cancellation of a flight operated by transavia.com, transavia.com shall offer a passenger:

(1) the choice between:

(a) reimbursement of the price paid for the unused ticket and for the portion(s) already used if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure of the ticket, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to his/her final destination, as specified in the ticket, either at the earliest opportunity; or at a later date at the passenger’s convenience, subject to availability of seats;
and;

(2)meals, refreshments in a reasonable relation to the waiting time and flight distance, and two telephone calls, or, when available, telex or fax messages, or e-mails; and in the event of rerouting to the passenger’s final destination as specified in the ticket at the earliest opportunity, when a stay of one or more nights becomes necessary or where a stay of one or more nights additional to that intended by the relevant passenger becomes necessary, (hotel) accommodation for the period between the earliest flight offered by transavia.com (i.e. the earliest opportunity) and the time of departure previously announced, and transport between the airport and the place of accommodation;
and;

(3)compensation in accordance with the following schedule
forEuro or the equivalent in local currencyif the scheduled arrival time of the alternative flight deviates from the scheduled arrival time of the cancelled flight with:
Flights of 1,500 KM or less1252 hours or less
250More than 2 hours
Flights within the EU of more than 1,500 KM and for all other flights between 1,500 KM and 3,500 KM2003 hours or less
400More than 3 hours
Flights not falling under the flights mentioned above3004 hours or less
600More than 4 hours
1 kilometer (KM) = 0,62 miles  
unless the passenger has been informed of the cancellation:

(i) at least two weeks before the scheduled time of departure, or

(ii) between two weeks and seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than two hours before the scheduled time of departure and to reach his final destination less than four hours after the scheduled time of arrival; or

(iii) less than seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than one hour before the scheduled time of departure and to reach his final destination less than two hours after the scheduled time of arrival; or

(iv) if the cancellation is due to extraordinary circumstances which could not be avoided by transavia.com even in taking all the reasonable measures.

(B) LONG DELAY
In case of delay of a flight operated by transavia.com beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1,500 kilometers or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1,500 kilometers and of all other flights between 1,500 and 3,500 kilometers; or

(c) for four hours or more in the case of all flights not falling under paragraph 3.2 a. or b.;

transavia.com shall offer a passenger:

(i) meals, refreshments in a reasonable relation to the waiting time and the flight distance, and two telephone calls, or, when available, telex or fax messages, or e-mails; and in the event a stay of one or more nights becomes necessary or where a stay of one or more nights additional to that intended by the relevant passenger becomes necessary, (hotel) accommodation for the period between the time of departure previously announced and the revised time of departure, and transport between the airport and the place of accommodation; and,

(ii) when the delay is at least five hours, at the request of the passenger reimbursement of the price paid for the unused ticket and for the portion(s) already used if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure of the ticket, at the earliest opportunity.



5. The compensation and/or reimbursement as specified in paragraph 4(i)(1)(a), 4(i)(3) and 4(ii)(2) shall be paid in cash, by electronic bank transfer, bank orders or bank cheques, at the discretion of transavia.com.

6. In case of cancellation or delay of passengers departing from an airport located outside the European Community, paragraphs 4 through 6 above shall also apply, unless these passengers receive benefits or compensation and are given assistance in that third country.

7. If due to Force Majeure or safety reasons, the aircraft has to divert to a place as close as possible to the place mentioned in the ticket and it cannot be expected that the flight can be resumed within a reasonable time, the flight shall be deemed to be completed and the ticket price earned.

ARTICLE 10. Refunds

1. General
If, on the part of Carrier or at the request of the passenger, carriage in accordance with the contract of carriage is not provided, refund for an unused ticket or unused portion thereof shall, in compliance with article 7.2, be made by Carrier only in accordance with the following paragraphs of this article and pursuant to the relevant tariff regulations.

2 a. Except as hereinafter provided in this paragraph, Carrier
shall be entitled to make refund, upon the presentation of satisfactory proof, either to the person named in the ticket or to the person who has paid for the ticket. However Carrier at all times reserves the right to refund only to the person who originally paid for the ticket.

b. If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.

c. Except in case of lost or stolen tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.

d A refund made to anyone presenting the passenger coupon or passenger receipt and an unused flight coupon and holding himself out as a person to whom refund may be made in terms of subparagraphs (a) or (b) of this paragraph, shall be deemed a proper refund. A refund made to a person in accordance with this paragraph shall discharge Carrier from liability to refund and no other person shall be entitled to claim any further refund in respect of the same ticket.

e A ticket issued at a special fare is valid for refund subject to the conditions as set forth in the applicable tariff regulations.

3. Involuntary refunds
If pursuant to article 9 above Carrier cancels a flight, fails to operate a flight reasonably to schedule, fails to stop at a place to which the passenger is destined or ticketed to stop over, is unable to provide previously confirmed space, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be:

(1) if no portion of the ticket has been used, an amount equal to the fare paid;

(2) if a portion of the ticket has been used, the refund will be the higher of (i) the one way fare (less applicable reasonable discounts and charges) from place of interruption to destination or place of next stopover, or of (ii) the difference between the fare paid and the fare for the transportation used.

4. Voluntary refunds
If the passenger wishes a refund of his or her ticket for reasons other than those set out in paragraph 3 of this article, the amount of the refund shall be:

(1) if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;

(2) if a portion of the ticket has been used, an amount equal to the difference between the fare paid and the applicable fare for travel between the places for which the ticket has been used, less any applicable service charges or cancellation fees.

5. Refund of lost or stolen tickets
(a) If a ticket or portion thereof is lost or stolen, refund will be made on proof of loss or theft and upon payment of a reasonable administration charge, on condition that:
(1) the lost or stolen ticket, or portion thereof, has not been used, previously refunded or replaced, and
(2) the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay Carrier the amount refunded in the event and to the extent that the lost or stolen ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.

(b) The amount of the refund for lost or stolen tickets shall be the difference between the total amount paid for the carriage, including replacement ticket, and the fare for the carriage actually used.

(c) No refund for a lost or stolen ticket will be made within a two month period after issuance of the original ticket.



6. Right to refuse refund
(a) Carrier is entitled to refuse a refund when application therefore is made later than 2 years after the date the ticket was issued and a portion of the ticket has been used.

(b) Carrier may refuse refund on a ticket which has been presented to Carrier or to Government officials of a country as evidence of intention to depart therefrom, unless it is established that the passenger has permission to remain in the country or that he will depart therefrom by another Carrier or another mean of transport.

7. Currency
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provisions, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency.

8. By whom ticket refundable
(a) Voluntary refunds will be made only by the Carrier which originally issued the ticket or by its agent if so authorized.

(b) Involuntary refunds will be made only by the Carrier which originally issued the ticket.


ARTICLE 11. Conduct aboard aircraft

1 (a) If the conduct of the passenger aboard the aircraft endangers
or threatens to endanger one or more persons or property or the aircraft itself, if the passenger obstructs the crew in the performance of their duties, fails to comply with any instruction of the crew to ensure the safety of the aircraft or the safe, efficient and comfortable transportation of the passengers or behaves in a manner to which other passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.

(b) Pursuant to Article 96 Dutch Civil Air Navigation Regulation, the aircraft commander is authorized to take the necessary measures in order to secure the safety of the flight, including physical restraint, to maintain the order and discipline on board and to enable him to transfer persons who disturb the order on board or who threaten the safety of the flight to the competent authorities. The passenger is obliged to comply with the instructions given by or on behalf the aircraft commander. The aircraft commander may report criminal offences, including the non-compliance with instructions given by or on his behalf.

2. For safety reasons, Carrier may forbid or limit operation aboard the aircraft of electronic equipment, including cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games, radio controlled toys, scanners, walkie-talkies and other equipment with an antenna, with the exception of hearing aids and heart pacemakers.

3. Consumption of any alcoholic beverages brought into the aircraft by a passenger is prohibited. Carrier may limit or discontinue the service of alcoholic beverages to a passenger at its own discretion in order to maintain the good order and discipline on board the aircraft.

4. Carrier may prohibit all smoking on board. Smoking in the lavatories may endanger the safety of the aircraft and is prohibited at all times. Violation of this prohibition is a criminal offence. The aircraft commander may report the offence to the competent authorities.

5. It is prohibited to carry drugs of any kind and/or use the same on board. The captain may report to the competent authorities.

6. Carrier has the right to refuse carriage to each passenger who does not comply with the obligations of this article. The passenger is liable towards Carrier for Carriers’ damages, including possible claims of third parties against Carrier, as a result of the non-compliance with the obligations in this article. Carrier and the crew are not liable for damage suffered by the passenger as a result of the exercise by Carrier of its rights under this article.


ARTICLE 12. Arrangements by carrier

1. If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services, Carrier shall have no liability to the passenger except for negligence on its part in making such arrangements.

2. Carrier does not as a general rule maintain, operate or provide transfer services between airports or between airports and town centers. Carrier is not liable for transfer services provided by third parties not designated by Carrier. In cases where Carrier itself maintains and operates for its passengers transfer services, these conditions of carriage shall apply to such services. Applicable charges for the use of transfer services maintained and operated by Carrier itself shall be payable by the passenger.

3. Food and beverages on board
A range of food and beverages, consisting of sandwiches, snacks and a selection of (non) alcoholic drinks will be sold on board. It is not possible to order special meals in advance. Only on board purchased alcohol is permitted to be consumed.


ARTICLE 13. Administrative formalities

1. General
The passenger is responsible for obtaining all required travel documents and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he transits, including the instructions of Carrier given in connection herewith. Carrier shall assist in verifying the required travel documents but shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

2. Travel documents
On request the passenger shall present to Carrier or its employees, agents or representatives, documents such as, passport, driving license and further all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned and permit Carrier to take and retain copies thereof or otherwise to retain the data contained in the relevant documents. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order or who does not permit Carrier to take and retain copies thereof or otherwise retain the data contained in the relevant documents.

3. Refusal of entry
The passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his place of departure or elsewhere, owing to the passenger’s inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the place of refusal of entry or deportation will not be refunded by Carrier.

4. Passenger responsible for fines, detention costs etc.
If Carrier is required to pay or deposit any fine, penalty or security or incurs any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage or any funds of the passenger in the possession of Carrier or may refuse carriage if the passenger does not reimburse Carrier for payments so made or expenditure so incurred. Information in respect of government laws, regulations, orders or requirements which may result in Carrier making such payments or incurring such expenditure shall be supplied on request to the best of Carrier’s knowledge but, except in case of its willful misconduct or gross negligence, Carrier does not accept any liability in respect of information so supplied.

5. Customs inspection
If required, the passenger shall attend inspection of his baggage, delayed and/or undelayed and checked and/or unchecked, by customs or other government officials and shall give all requested assistance. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement. If damage is caused to Carrier because of the passenger’s failure to comply with this requirement, the passenger shall indemnify Carrier therefore.

6. Government regulations
Carrier is not liable if it determines that what it understands or may reasonably understand to be applicable law, government regulation, demand, order or requirement, requires that it refuses and it does refuse to carry a passenger. This does not apply in the event of willful misconduct or gross negligence on the part of Carrier.


ARTICLE 14. Liability

1. General
(a) Carriage hereunder is subject to the rules and limitations relating to liability established by the convention, even where such carriage is not international carriage to which the convention mandatorily applies.

(b) Carrier’s liability shall not exceed the amount of proven damages under any circumstances. Carrier is not liable for indirect, incidental or consequential damages. In respect of any damage, howsoever caused, the provisions of the convention shall be applied without change, except where these General Conditions of Carriage expressly provide otherwise.

(c) If Carrier proves that the damage was caused or contributed by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, Carrier shall be wholly or partly exonerated from its liability to the claimant to the extend that such negligence or wrongful act or omission caused or contributed to the damage. This article applies to all the liability provisions in this Convention, including article 14.2 (a).

(d) Carrier is liable only for damage occurring on its own line.
A Carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier.

(e) Carrier is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.

(f) Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, servants and representatives of Carrier and any person whose aircraft is used by Carrier and such person’s agents, servants and representatives. The aggregate amount recoverable from Carrier and from such agents, servants, representatives and persons shall not exceed the amount of Carrier’s limits of liability.

(g) Unless so expressly provided, nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the convention or applicable laws.

2 Damages for personal injury or death
(a) . Carrier shall be liable for proven damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

(b) Carrier shall not limit or exclude liability arising under Article 14 paragraph 2.(a) for damages not exceeding 100,000 SDR’s for each passenger. However, Carrier remains entitled to invoke Article 14 paragraph 1.(c). However, Carrier shall not be liable for damages arising out of the death or bodily injury of the passenger to the extent exceeding for each passenger 100.000 SDR’s if Carrier proves that:
(1) such damage was not due to the negligence or other wrongful act or omission of Carrier or its servants or agents; or
(2) such damage was solely due to the negligence or other wrongful act or omission of a third party

(c) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, Carrier shall not be liable for personal damages as illness, injury, disability or death, or any aggravation of such illness, injury or disability, provided such personal damages are attributable to such condition or to the aggravation of such condition.

(d) With respect to any claim as provided in subsection (a), transavia.com shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.

(e) Without prejudice to paragraph 14.2(c), an advance payment to the natural person entitled to compensation shall not be less than the equivalent in EURO of 16,000 SDR’s per passenger in the event of death.

(f) An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of the liability of transavia.com, but is not returnable, except in the cases described in article 14.1 (c) or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by tortuous act or was not the person entitled to compensation.

3. Damage to baggage
(a) The liability of transavia.com in respect of destruction, loss, damage of checked and unchecked baggage, irrespective whether the convention is mandatorily applicable or not, is limited to 1.000 SDR’s for each passenger:

(b) This limit of liability does not apply
(i) when it is proven that the damage resulted from an act or omission of Carrier, his servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result, provided that in the case of such act or omission of a servant or agent, it is also proven that he was acting within the scope of his employment, and/or
(ii) when the passenger has made, at the time when the checked baggage was handed over to the Carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, in accordance with article 8.7, if the case so requires. In that case the Carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.

(c) Carrier shall not be liable if and to the extent that the damage resulted from the inherent defect quality or vice of the checked baggage.

(d) Carrier is only liable for damage to unchecked baggage and personal items if such damage has been caused by the fault of Carrier, or that of its servants or agents.

(e) Carrier is not liable for injury to a passenger or for damage to a passenger’s baggage caused by property contained in such passenger’s baggage, unless Carrier caused such damage by its willful misconduct or gross negligence. Any passenger whose property causes damage to another passenger or his baggage or to any property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.

(h) In case of damage to baggage the passenger shall fill out a Property Irregularity Report (P.I.R.) or comparable form used by Carrier to report his claim, immediately upon arrival. This form should state the names of each passenger claiming damage. In case no such form shall be filled out at such time, any damage shall be assumed not to have been incurred during the carriage, nor for such passenger, subject to proof of the contrary.

4 Damage as a result of delay

(a) The liability of Carrier in respect of damage occasioned by delay in the carriage by air of passengers shall be limited to 4.150 SDR’s for each passenger.

(b) the liability of Carrier in respect of damage occasioned by delay in the carriage by air of baggage shall be limited to 1.000 SDR’s for each passenger. To this limit article 14, paragraph 3 subparagraph (a) applies.

(c) Notwithstanding the provisions of subparagraphs (a) and (b) of this paragraph, Carrier shall not be liable for damage occasioned by delay if Carrier proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

5 Failure to provide carriage and denied boarding compensation
(a) Under certain circumstances and upon certain conditions, denied boarding compensation will be offered to any passenger who has a valid ticket with a confirmed reservation for a specific transavia.com flight and who has presented himself for check-in at or before the time specified by transavia.com but has nevertheless been denied carriage on the said flight. In such event, article 18 - re “Denied Boarding Compensation” of these General Conditions of Carriage shall apply. Other Carriers may apply different provisions in respect of denied boarding situations.

(b) In other events than as referred to in paragraph 4(a) above and notwithstanding article 10 paragraph 3, the liability of Carrier for damages resulting from its failure to fulfill the contract of carriage attributable to causes for which it is responsible, is limited to reimbursement of reasonable expenses of the passenger for accommodation, meals, communication and ground transportation to and from the airport. Any further or other liability is excluded, except in the case of willful misconduct or gross negligence on the part of Carrier.


ARTICLE 15. Time limitation on claims and actions

1. (a) No action shall lie in the case of damage to baggage (other
than damages due to delay) unless the person entitled to delivery complains to Carrier at the latest, within 7 days from the date of receipt. No action shall lie in the case of damage due to delay of baggage unless the person entitled to delivery complains to Carrier at the latest within 21 days from the date on which the baggage has been placed at his disposal.

(b) Every complaint must be made in writing and dispatched forthwith after discovery of the damage or delay and at the latest within the time limits aforesaid.

2. Any right to damages shall be extinguished if a legal action is not brought within 2 years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.


ARTICLE 16. Modification and waiver

No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these conditions of carriage.

ARTICLE 17. Charter carriage

1. Charter Carriage is performed pursuant to a charter agreement between the “actual carrier” and the “contracting carrier” (charterer and/or touroperator) and is subject to the charter agreement.

2. Charter tickets shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for by the “contracting carrier” or until credit arrangements established by Carrier have been complied with. These tickets are in principle non refundable and non endorsable. If refunds are made, they shall only be made to the “contracting carrier”, pursuant to the terms of the applicable charter agreement.

3. Charter tickets are only valid for carriage on the dates indicated on the ticket coupons. Subject to seat availability, changes in the departure or return date are possible, provided that the applicable fee is paid for. Other conditions, as stated in the ticket, may apply.

4. Charter tickets have conditions which limit and/or exclude the passenger’s right to make, change or cancel reservations. IT (inclusive tours) tickets can only be used for arrangements subject to the rules concerning “all inclusive flights”.

5. The following aforementioned articles do not apply to charter carriage:
article 3, paragraphs 1, 2, 5 and 6;
article 4, paragraphs 2 and 3;
article 5, paragraphs 1, 2, 5 and 8;
article 9, paragraph 2, 4(A)(1)(a) and 4(B)(ii);
article 10;
article 14, paragraph 5 (a);
Article 18, paragraph 2.(a)(i)


ARTICLE 18. Denied boarding compensation

1. transavia.com undertakes to use reasonable efforts first to call for volunteers being prepared to surrender their confirmed reservation in exchange for an agreed compensation with transavia.com. transavia.com shall also take into consideration the interests of passengers who must be given boarding priority for legitimate reasons, such as unaccompanied minors, passengers with reduced mobility and those accompanying them. A written notice setting out the rules for compensation and assistance shall be provided to the passengers concerned.

2. For passengers departing from an airport located in the territory of one of the countries in the European Community, and who have been denied boarding on a specific transavia.com flight the following applies:

(a) transavia.com shall offer to a passenger who is voluntarily denied boarding pursuant to paragraph 1 above the choice between:

(i) Reimbursement of the price paid for the unused ticket, whichever is applicable, at the price at which it was bought, and for the portion(s) already used if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant a return flight to the first point of departure of the ticket, at the earliest opportunity;
or

(ii) Re-routing, under comparable transport conditions, to the passenger’s final destination, as specified on the ticket, pursuant to which the passenger was denied boarding, either at the earliest possibility, or at a later date at the passenger’s convenience, and subject to availability of a seat.

(b) transavia.com shall offer to a passenger who is involuntarily denied boarding the choices as set out in paragraph (a) above and irrespective of the passenger’s choice

(i) transavia.com shall in addition, and subject to the restrictions in the paragraphs below, immediately after boarding has been denied, pay compensation, in accordance with the following schedule:
forEuro or the equivalent in local currencyIf delay time at arrival point is
(i) Flights of 1,500 KM or less1252 hours or less
250More than 2 hours
(ii) Flights within the EU of more than 1,500 KM and for all other flights between 1,500 KM and 3,500 KM2003 hours or less
400More than 3 hours
(iii) Flights not falling under (i) and (ii)3004 hours or less
600Meer than 4 hours
1 kilometer (KM) = 0,62 miles  

(ii) transavia.com shall in addition provide meals, refreshments in a reasonable relation to the waiting time and the flight distance, and two telephone calls, or, when available, telex or fax messages, or e-mails; and in the event of rerouting to the passenger’s final destination as specified in the ticket at the earliest opportunity, when a stay of one or more nights becomes necessary or where a stay of one or more nights additional to that intended by the relevant passenger becomes necessary, (hotel) accommodation for the period between the earliest flight offered by transavia.com (i.e. at the earliest opportunity) and the time of departure previously announced and transport between the airport and the place of accommodation.

3. The compensation and/or reimbursement referred to in paragraph 2 above shall be paid in cash, by electronic bank transfer, bank order or bank cheques, at the discretion of transavia.com.

4. In case of denied boarding due to Force Majeure, transavia.com will provide (a) passengers, other than passengers traveling on a charter ticket, the benefits set-out above under paragraphs 2.(a)(I) and (ii) and 2.(b)(ii) and (b) passengers traveling on a charter ticket the benefits set-out above under paragraph 2.(b)(ii).

4. In case of denied boarding of passengers departing from an airport located outside the European Community, paragraphs 2 through 4 above shall also apply, unless these passengers receive benefits or compensation and are given assistance in that third country.


6. DBC will not be offered by transavia.com if:
(a) carriage is denied because a government has requisitioned all or part of the passenger carrying capacity of aircraft operated by transavia.com;

(b) the passenger has refused to undergo a security check or to obey lawful instructions given by or on behalf of transavia.com;

(c) there are any other circumstances which entitle transavia.com to refuse to carry the passenger, in accordance with the applicable law or general conditions of carriage for passengers or baggage;

(d) the passenger is traveling free or at a discount which is not available to the general public;

(e) the passenger is holding a ticket which is blacklisted as lost, stolen, fraudulent or otherwise suspicious.

7. Voluntary acceptance of the compensation relieves transavia.com from any further liability in connection with the denied boarding. However, if the passenger has not voluntarily given up his seat, any further liability of transavia.com in connection with the denied boarding shall be limited to the remedies available under the applicable law.

8. Further particulars on DBC will be supplied by transavia.com on request.

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transavia.com
Westelijke Randweg 3, building Triport III
1118 CR Schiphol Airport

PO Box 7777
1118 ZM Schiphol Airport
The Netherlands

VAT-number: NL 009 451 687 B01