Conditions de transport

Download in PDF format: CONDITIONS OF CARRIAGE : PASSENGER AND BAGGAGE

         (Issued on March 6, 2011)

  

 

I - PASSENGER AND BAGGAGE

 

          CONTENTS

 

PASSAGER AND BAGGAGE............................................................. 1

ARTICLE I  DEFINITIONS.............................................................................................................................. 3

ARTICLE II APPLICABILITY.......................................................................................................................... 7

ARTICLE III TICKETS AND REIMBURSEMENT CONDITIONS..................................................... 9

ARTICLE IV  STOPOVERS............................................................................................................................... 16

ARTICLE V  FARES AND CHARGES............................................................................................................. 16

ARTICLE VI  RESERVATIONS...................................................................................................................... 17

ARTICLE VII  CHECK-IN................................................................................................................................. 19

ARTICLE VIII  REFUSAL OF AND LIMITATION ON CARRIAGE................................................. 19

ARTICLE IX  BAGGAGE.................................................................................................................................... 21

ARTICLE X  SCHEDULES, DISRUPTION OR CANCELLATION OF FLIGHTS........................... 26

ARTICLE XI  CONDUCT ABOARD AIRCRAFT........................................................................................ 28

ARTICLE XII  ADDITIONAL SERVICES SUPPLIED BY QC.............................................................. 28

ARTICLE XIII  ADMINISTRATIVE FORMALITIES.......................................................................... 29

ARTICLE XIV  SUCCESSIVE CARRIERS.................................................................................................. 30

ARTICLE XI  LIABILITY FOR DAMAGE................................................................................................... 31

ARTICLE XVI  MODIFICATION AND DELETION............................................................................... 36

 

 

 

 

 

 

 

PASSAGER AND BAGGAGE

 

ARTICLE I

 DEFINITIONS

 

Agreed stopping places

 

means those places, except the place of departure and the place of destination, set forth in the ticket or shown in QC's timetables as scheduled stopping places on the passenger's route.

Air carriage

means any flight, from embarking to disembarking, according to article 17 of the Convention.

Air travel

(see Air Carriage)

QC means Cameroon Airlines abbreviated Camair-Co

Authorized Agent

means a passenger sales agent who has been appointed by QC to represent QC in the sale of air passenger carriage on the services of QC and , when authorized, on the services of other air carriers.

Baggage

means such articles, effects and other personal property of a passenger as are necessary or appropriate for his/her wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the passenger.

Baggage check

means those portions of the ticket which relate to the carriage of the passenger's checked baggage.

Baggage identification tag

means a document issued by QC solely for identification of checked baggage.

Carriage

means the air carriage of passengers (and/or baggage), free of charge or subject to payment, as defined in the Warsaw Convention.

Carriage (Air Carrier)

includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his/her baggage hereunder.

Carrier's regulations

means any rules, other than these Conditions, published by QC and in effect on the date of the ticket issue, governing the carriage of passengers and/or baggage, particularly but not exclusively related to fares and rates.

Checked baggage

means baggage of which QC takes custody for the duration of the air travel and for which QC has issued a baggage check.

Conjunction ticket

means a ticket issued to a passenger in conjunction with another ticket which, together, constitute a single contract of carriage.

Contract of Carriage (See « TICKET »)

 

Convention

means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929 whichever of the following instruments is applicable to the contract of carriage (hereinafter referred to as the Warsaw Convention or the Convention) :

-     The Hague Protocol signed on September 28, 1955,

-     The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975); or

-     The Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975); or

-     The Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); or

-     The Montreal Supplementary protocol (1988)

-     The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (Montreal Convention).

Damage

means death, injury, loss, partial loss or other damage of whatsoever nature as defined in the Convention or hereinafter arising out of or in connection with the air carriage or other services performed by QC incidental thereto.

Days

means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which 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.

 

Domestic flight

means any flight departing from and arriving at cities located inside  the territory of one single State or inside a single air space, within a territorial continuity.

Flight coupon

means that portion of the ticket that bears the notation « good for passage » and indicates the particular places between which the carriage is to be performed.

International Agreements (IIA and MIA) of the International Air Transport Association (IATA)

 

means the IATA agreements signed in Kuala Lumpur on October 31, 1995 (IIA) and in Montreal on April 3, 1996 (MIA), in force as per April 1, 1997, within the legal framework of the international documents referring to the liability of QC (hereinabove defined as and hereinafter designated under the terms « Warsaw Convention » or « Convention ») and of Convention signed at Chicago on December 7, 1944, and its Annexes, in particular Annexes 9, 17 and 18.

International flight

means, according to the Convention, any flight whose departure point and the arriving point are located in two different States, parties to the Convention, or in a same State but with a scheduled stopover in another State party to the Convention.

Passenger

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

Passenger coupon or Passenger receipt

means that portion of the ticket issued by or on behalf of QC and which is to be retained by the passenger.

Security item

means any item or device which, for security or safety reasons, cannot be carried on board due to governmental requirements or to QC's Regulations.

Special Declaration of Value

means the possibility offered to the passenger, before or during the check-in, to declare a special value of his or her baggage, or of any item contained herein, as estimated by the passenger and giving right, in case of damage, to recover the declared value, to the extent that a corresponding fee has been paid by passenger (See Article IX/8 (a) hereunder).

Special Drawing Right (SDR)

means the unit of account of the International Monetary Fund (IMF). The SDR has a value deriving, within a « currency basket », from the interaction of four reference currencies (US Dollar, Euro, Japanese Yen, and UK Pound), as periodically determined by IMF.

Stopovers

means deliberate interruptions of a journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by QC.

Ticket

means any document entitled « Passenger Ticket and Baggage Check » issued by or on behalf of QC or any other similar contractual document. It constitutes the carriage contract and includes the Conditions of Carriage and notices, flight and the passenger coupon or the passenger receipt, as well as all contractual documents given to the passenger with respect to the flight(s) mentioned on the ticket.

Unchecked baggage

means any baggage of the passenger other than the checked baggage. This baggage remains under the passenger's custody.

Value item

means, within these Conditions of Carriage, any item, for instance, but without limitations, cash, foreign currencies, jewels, art pieces, precious metal, silverware, securities or other valuables, expensive clothes, optical and/or electronic or telecommunication devices, cameras of all kinds, music instruments, business documents, negotiable papers, passports and other identity documents, samples or shares, whose reasonable monetary estimation is superior to an amount of 17 SDR/kg, which is the maximum recoverable value for regular items, under the Convention.

 

ARTICLE II

APPLICABILITY

 

 

1.      General

 

(a)    Except as provided in Paragraphs 2, 3 and 4 of this Article, these Conditions of Carriage apply to all carriage by air of passengers and baggage, performed by QC for reward.

 

(b)    These Conditions also apply to gratuitous and reduced fare carriage except to the extent that QC has provided otherwise in his Regulations or in the relevant contracts, passes or tickets, for such carriage.

 

(c)    These Conditions of Carriage are to be considered as an application of the Convention and of the IATA agreements which have precised the contents of the Convention as per April 1, 1997.

 

 

 

2.    Overriding law

 

To the extent that any provision contained of referred to herein is contrary to anything contained in the Convention, where applicable and in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidation of any provision shall not affect the validity of any other provision of these conditions. These Terms and Conditions shall otherwise, unless required by applicable law, be subject to the laws of the Republic of Cameroon and shall be subject to the jurisdiction of the Courts in Cameroon.

3.         Conditions prevail over regulations

 

Except as provided herein, in the event of inconsistency between these Conditions and QC's Regulations, these Conditions shall prevail, except where national regulation shall prevail.

 

4.         Charters

 

If the carriage is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated, by reference, in the terms of the charter agreement and of the charter ticket or any similar carriage document.

 

5.         CodeShare

On some services, QC has arrangements with other carriers known as “Codeshares”. This means that even if the passenger has a reservation with carrier and hold a ticket where QC’s name or designator code is indicated as QC, another carrier may operate the aircraft. If such arrangements apply, QC will advice the passenger of QC’s intention of doing same at the time the passenger makes his/her reservation

 

 

 

ARTICLE III

TICKETS AND REIMBURSEMENT CONDITIONS

 

 

1.      General

 

(a)       Ticket prima facie evidence of contract

 

The ticket constitutes prima facie evidence of the contract of carriage between QC and the passenger named on the ticket. QC will provide carriage only to the passenger holding a ticket, or holding, as proof of payment, any other contractual document issued by QC or his authorized Agent. The payment must be in full, except as otherwise accepted by QC.

The ticket is and remains at all times the property of the issuing Carrier.

The contract of carriage contained in the ticket is a summary of some of the provisions of these Conditions of Carriage.

(b)       Requirement for ticket

 

A person shall not be entitled to be carried on a flight unless this person presents a ticket valid and duly issued in accordance with QC's Regulations or any other similar contractual document and containing the flight coupon for that flight, all other unused flight coupons and the passenger coupon or the passenger receipt. A passenger shall furthermore not be entitled to be carried if his/her ticket presented is mutilated or if it has been altered otherwise than by QC or his authorized Agent.

 

(c)       Loss, mutilation or non presentation of a ticket

 

In case of loss or mutilation of a ticket, or part thereof, or nonpresentation of a ticket containing the passenger coupon or the passenger receipt and all unused flight coupons, the issuing Carrier's Regulations, replace the ticket or part thereof by issuing a duplicate of the said ticket if evidence, satisfactory to QC, has been provided that a ticket valid for the referenced flight(s) was duly issued and against payment by the passenger.

(d)       Ticket not transferable

 

A ticket is not transferable. If a ticket is presented by someone other than the person who was entitled to be carried thereunder or to a refund in connection therewith, QC shall not be liable as per any consequence whatsoever to the person so entitled, as well as to any third party, if, in good faith, it provides carriage or makes a refund to the person presenting the ticket.

(e)       Control

 

A passenger travelling at a discount fare or under special conditions must give evidence of these conditions or of the basis of the discount, at any time throughout his/her journey.

2.      Period of validity

 

(a)       Period

 

A ticket is valid for carriage for one year from the date of commencement of the travel or, if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided either in the ticket or in these Conditions or in QC's Regulations.

(b)       Extension of validity

 

If a passenger is prevented from travelling within the period of validity of the ticket because QC:

 

(i)           cancels the flight on which the passenger holds a reservation ; or

 

(ii)          omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover ; or

 

(iii)        fails to operate a flight reasonably according to schedule ; or

 

(iv)         causes the passenger to miss a connection ; or

 

(v)          substitutes a different class of carriage ; or

 

(vi)         is unable to provide previously confirmed space ;

 

then, the validity of the passenger's ticket will be extended until QC's first flight on which space is available in the class of service for which the fare has been paid.

(c)       When a passenger holding a ticket is prevented from travelling within the period of validity of the ticket because, at the time the passenger requests reservations on a certain flight, QC is unable to provide space on the requested flight, the validity of such passenger's ticket will be extended in accordance with QC's Regulations.

 

(d)       When a passenger, after having commenced his/her journey, is prevented from keeping on travelling within the period of the ticket by reason of illness, QC will extend (provided that extension is not precluded by QC's Regulations applicable to the fare paid by the passenger) the period of validity of the passenger's ticket until the date when QC can supply, from the point where the journey is resumed, a space available in the class of service for which the fare has been paid, provided the passenger is medically fit again to travel, through a medical certificate delivered by the passenger to QC.

 

(e)       When the flight coupons remaining in the ticket involve one or more stopovers, the validity of the said ticket, subject to QC's Regulations, will be extended for no more than three months from the date shown on the certificate mentioned in (d) above.

 

In such circumstances, QC will similarly extend the period of validity of tickets of the direct ascendant or descendant or the spouse travelling with the passenger or the authorized person accompanying an incapacitated passenger.

 

(f)       In the event of the death of a passenger en route, the tickets of the passengers travelling with the deceased passenger may be modified by Carrier by waiving the minimum stay or extending the validity, or any other constraint issued by QC's Regulations. In the event of death in the immediate family of a passenger who has initiated his/her travel, the passenger's ticket and his or her direct ascendant or descendant or spouse accompanying the passenger may be likewise modified.

 

Any such modification shall be made upon receipt of a proper death certificate; any extension of validity shall be for a period no longer than 45 days from the date of the death.

3.      Flight coupon sequence

 

(a)       QC will honour flight coupons only in sequence from the place of departure, as shown on the ticket.

 

(b)       Each flight coupon will be accepted for carriage in the class of service specified therein, on the date and flight for which accommodation has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application, subject to the conditions of the relevant fare and to the availability of space on the requested flight.

 

(c)       The ticket is not valid and QC may not honour the passenger's ticket if the first flight coupon for international travel has not been used and if the passenger commences his/her journey at any stopover or agreed stopping place. If QC accepts to honour the passenger's ticket, he will entitled to invalidate the unused coupon by stamping it as « non acceptable for transportation ». However, the coupon will remain refundable, under the current regulations.  

 

4.      Refunds

 

(a)       General

 

On failure by QC to provide carriage in accordance with the contract of carriage, or when a passenger requests a voluntary change of his/her air travel, refund for an unused ticket or portion thereof shall be made by QC in accordance with the Article and with QC's Regulations.

 

(b)       Person to whom refund will be made

 

(i)           Except as hereinafter provided in this Paragraph, QC shall be entitled to make refund either to the person named on the ticket, or to the person who has paid for the ticket, upon presentation of a satisfactory proof to QC of the payment.

 

(ii)          If a ticket has been paid for by a person other than the passenger named on the ticket, or if QC has indicated on the ticket that there is a restriction on refund, QC shall make a refund only to the person paying for the ticket or to any third party, subject to that person's requirement.

 

(iii)        Except in case of lost tickets, refunds will be subject to the surrender to QC of the passenger coupon (or of the passenger receipt) and of all unused flight coupons.

 

(iv)         A refund made to anyone presenting the passenger coupon or the passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made under subparagraphs (i) or (ii) of this Paragraph, shall be deemed a proper refund and shall discharge QC from any liability and from any further claim for refund.

 

(c)       Refunds due to QC

 

If QC cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which the passenger is destined or ticketed to stopover, 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 :

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

 

(ii)          the higher of (a) the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or (b) the difference between the fare actually paid and the fare for the carriage used, if a portion of the ticket has been used ;

 

without any prejudice to the enforcement of any national regulation or contractual complementary provisions regarding the overbooking.

(d)       Refunds due to the passenger

 

If the passenger wishes a refund of his/her ticket for reasons other than those set out in Paragraph (c) of this Article, the amount of the refund shall be equal to:

 

(i)           The fare paid, less any applicable service charges or cancellation fees, if no portion of the ticket has been used ;

 

(ii)          The difference between the fare paid and the applicable fare for the remainder of the travel, less any applicable service charges or cancellation fees, if a portion of the ticket has been used ;

 

The refunds under this Paragraph (d) are not applicable when and if precluded by any governmental requirements and/or QC's Regulations.

(e)       Refund of tickets or MCO declarer as lost or stolen

 

If a ticket or portion thereof is lost or stolen, the passenger shall declare the loss or the stealing in writing to QC and, within a six month time limit, QC shall make the appropriate refund, on evidence of loss or stealing made by the passager and satisfactory to QC, and upon payment of any applicable service charge, on condition that :

(i)           The lost or stolen ticket, or portion thereof, has not been used, previously refunded or replaced, and

 

(ii)          The person to whom the refund is made under stakes, in such forms as may be prescribed by QC, to repay to QC the amount refunded in the event and to the extent that the lost or stolen ticket or portion thereof is used be any person or that refund thereof is made to any person in possession of the ticket.

 

(f)       Right to refuse refund

 

QC may refuse refund:

 

(i)           after the expiry of the validity of the ticket, when application therefore is made Later than the time prescribed in QC's Regulations, as indicated in Article III/2 (a) and (b) hereinabove ;

 

(ii)          Of a ticket which has been presented to QC or to Government officials of a State as evidence of intention to depart therefrom, unless the passenger establishes, to QC's satisfaction, that he/she has permission to remain in the State or that he/she will depart therefrom by another Carrier or a different mode of transportation ;

 

(iii)        If a passenger has not been admitted by the local authorities, either at his/her destination or at any intermediate point, and, consequently, has been sent back to his/her point of embarkation ;

 

(iv)         In case of a ticket either stolen or falsified or counterfeited ;

 

(v)          If a passenger claims a refund in a currency different from the currency of the payment.

 

(g)       Currency

 

(i)           All refunds will be subject to Government laws, rules and regulations or orders of the State in which the ticket was originally purchased and of the State in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in currency in which the ticket was paid for, but may be made in another currency, in accordance with QC's Regulations and if QC is willing to do so.

 

(ii)          If a refund is accepted by QC in another currency than the currency of the payment, such refund shall be made at the exchange rate(s) and under conditions as determined by QC's Regulations.

 

(h)       By whom ticket is refundable

 

Refunds will be made only by QC which originally issued the ticket or by his Agent, if so authorized.

 

5.      Name and address of QC

 

QC's name may be abbreviated CAMAIR-Co on the ticket. QC's address shall be deemed to be the domicile of QC or of his principal place of business or where he has a place of business through which the contract has been made. However, QC’s address is BP. 4852, Bonanjo - Douala.

 

ARTICLE IV

STOPOVERS

 

 

Stopovers may be permitted at agreed stopping places, subject to government requirements and QC's Regulations.

 

ARTICLE V

FARES AND CHARGES

 

1.      General

 

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transportation service between airports and town terminals, unless provided by QC without additional charge.

2.      Applicable fares

 

Unless otherwise specified by governmental requirements or by QC's Regulations, the applicable fare is for the relevant flight(s) In effect on the date of commencement of the carriage covered by the first coupon of the ticket or any similar document. When the amount collected is not the applicable fare, the difference shall be paid by the passenger or, as the case may be, shall be refunded by QC, in accordance with QC's Regulations.

3.      Routing

 

Unless otherwise provided in QC's Regulations fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to the issue of the ticket. If no routing is specified, QC may determine the routing.

4.      Taxes and charges

 

Any tax or charge imposed by a government or other authority or by the operator of an airport, in respect of a passenger, or the use by a passenger of any service or facility will be in addition to the fares and charges and shall be payable by the passenger, except as otherwise provided in QC's Regulations. These taxes or charges are included in the fares except if QC has not been informed in advance or if they vary to such an extent that they cannot be incorporated in the fares.

5.      Currency

 

Fares and charges are payable in any currency acceptable to QC. When payment is accepted in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with QC's Regulations.

6.      Payment of Charges

 

Fares and charges are agreed or otherwise published in the currency shown in the applicable rate tariffs, and maybe paid in any currency acceptable to QC. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by QC. The provisions of this paragraph are subject to applicable exchange laws and government regulations.

 

 

ARTICLE VI

RESERVATIONS

 

1.      Reservation requirements

 

(a)       Reservations are not confirmed until recorded as accepted by QC or his authorized Agent

 

(b)       As provided in QC's Regulations, certain fares may have conditions which limit or exclude the passenger's right to change or cancel reservations.

 

2.      Reconfirmation of reservations

 

Onward or return reservations may be subject to the requirement to reconfirm the reservation in accordance with and within the time limits specified in QC's Regulations. Failure to comply with that requirement may result in cancellation of any onward or return reservations.

3.      Cancellation of onward reservations made by QC

 

If a passenger does not use a reservation and fails to advise QC, QC may cancel or request cancellation of any onward or return reservations.

4.      Seating

 

According to his Regulations, QC may guarantee to provide any particular seat in the aircraft but the passenger agrees to accept any seat that may be assigned to him/her on the flight, in the class of service for which the ticket has been issued, if operational constraints do not allow QC to secure the assigned seat.

5.      Service charge when space not occupied

 

A service charge, in accordance with QC's Regulations, may be payable by a passenger who fails to use space for which a reservation has been made.

 

6.      Ticketing time limit

 

If a passenger has not paid for his/her ticket (or made credit arrangements with QC) prior to the specified ticketing time limit, QC may cancel the reservation and dispose of the relevant seat.

7.      Personal data

 

The passenger recognizes that personal data has been given to QC for the purposes of making a reservation for carriage, obtaining ancillary services and facilitating immigration and entry requirements. For these purposes, the passenger authorizes QC to retain such data and to transmit it to his own offices, other carriers or the providers of such services, in whatever State they may be located, to the sole extent to fulfill the administrative formalities within the framework of the contract of carriage.

The passenger has a right of inspection on these data.

 

ARTICLE VII

CHECK-IN

 

1.      The passenger shall arrive at QC's check-in counter and boarding gate sufficiently in advance of flight departure to permit completion of any Government formalities and departures procedures for him/her and his/her baggage and, in any event, no later than the latest Check-in-Time, as indicated by QC and mentioned on the ticket, under Article I hereabove.

 

If the passenger fails to arrive in time at QC's check-in counter or boarding gate or appears improperly documented under Article XIII hereinafter and, consequently, is not ready to travel, QC may cancel the space reserved for him/her and dispose of the seat.

2.      QC's liability shall not be engaged if the passenger has failed to comply with the provisions of this Article.

 

 

ARTICLE VIII

REFUSAL OF AND LIMITATION ON CARRIAGE

 

1.      Right to refuse carriage

 

QC may, at any point of embarkation and/or point of connection, refuse the carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of his reasonable discretion, QC determines that:

(a)       such a decision is necessary in order to comply with any applicable laws, regulations or orders of any State or Territory to be flown from, to or in which there is an agreed stopping place ; or

 

(b)       such a decision is necessary because the passenger has failed to observe the applicable laws and regulations as well as the instructions of QC ; or

 

(c)       the passenger has refused to submit to a personal security check or to the baggage check, as defined under Articles IX/7 (e) and XIII/6 here below ; or

 

(d)       one or many of the legal conditions, under the applicable law, allow(s) QC to act accordingly, particularly but not exclusively, when any passenger :

 

(i)           requires from QC special assistance which the passenger had not previously required ;

(ii)          shows an aggressive behavior or an obvious psychological instability ;

(iii)        involves any hazard or risk to the flight or threat to himself/herself or to other persons or to any property ; or

 

(e)       the applicable fare or any charge or tax payable have not been paid or relevant credit arrangements agreed between QC and the passenger (or the person paying for the ticket) have not been complied with ; or

 

(f)       the ticket produced by the passenger :

 

(i)           has been acquired unlawfully or has been purchased from an un agreed entity other than the issuing Carrier or his authorized Agent ; or

(ii)          has been reported as being lost or stolen; or

(iii)        is a counterfeit or falsified ticket ; or

(iv)         any flight coupon has been altered by anyone other than QC or his authorized Agent, or has been mutilated ;

and, in the above cases, QC reserves the right to retain the said ticket.

(g)       the person producing the ticket cannot prove that he/she is the person named in the « NAME OF PASSENGER » box, and QC reserves the right to retain the said ticket and to advise the local authorities ; or ;

 

(h)       the passenger does not appear to be properly documented or has outdated fraudulent documents, either through usurpation of identity or falsification or counterfeit of documents, which do not abide by any current governmental or international requirement or regulation.

 

2.      Limitation on carriage

 

Carriage of unaccompanied children, incapacitated persons, pregnant women or ill persons is subject to prior acceptance of QC, in accordance with QC's Regulations ; otherwise, QC shall bear no liability whatsoever, except adverse provisions in his national regulation.

3.      Transport under special conditions

 

(a)       Any passenger necessitating special attention such as, but without limitation, babies and young children, disabled or handicapped persons or persons travelling with special helping devices and/or baggage necessitating a special packaging must advise QC at the time the passenger buys his/her ticket or, at last, before check-in, in order to enable QC to ensure the carriage under the best conditions.

 

(b)       If a passenger needs a special meal aboard the flight(s), which he/she buys a ticket for, he/she must order such a meal at the time he/she buys the relevant ticket; otherwise QC shall not guarantee that the said meal will be on board of the relevant flight(s)

 

If a request regarding special conditions under (a) or (b) here above is made solely at the check-in, QC shall bear no liability if he does not comply or has not complied with it and shall have the possibility to deny boarding to the passenger and/or the baggage concerned.

ARTICLE IX

BAGGAGE

 

1.      Free baggage allowance

 

Passengers may carry baggage free of charge, as specified and subject to the conditions and limitations contained in QC's Regulations.

2.      Excess baggage

 

The passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in QC's Regulations.

3.      Checked baggage

 

(a)       Upon delivery to QC of baggage to be checked, QC shall take custody thereof and issue a baggage identification tag for each piece of the checked baggage.

 

(b)       If QC deems that the wrapping of a piece of baggage is improper or in bad conditions, or if wrapping does not exist, QC shall be entitled to either refuse or accept it with reservation, by issuing a tag bearing « baggage admitted with reservation ».

 

(c)       If baggage has no name, initials or other personal identification, the passenger shall affix any appropriate identification to the baggage prior to acceptance by QC.

 

(d)       The checked baggage will be carried on the same aircraft as the passenger, unless QC decides that this is impracticable, in which case QC will carry the checked baggage on QC's next flight on which space is available.

 

4.      Unchecked bagage

 

(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. If any items are determined by QC to be of excessive weight or size, they will not be permitted in the cabin.

 

(b)       Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for carriage in the cabin compartment, if due notice has been given in advance permission granted by QC. The carriage of such objects may be charged for separately.

 

5.      Items unacceptable as baggage

 

The passenger shall not include in his/her baggage:

(a)       items which do not constitute baggage as defined in Article I hereof ;

 

(b)       items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA), and in QC's Regulations (further information available from QC, on request) ; 

 

(c)       items the carriage of which is prohibited by the applicable laws, or regulations of any State to be flown from, to or in which there is an agreed stopping place ;

 

(d)       items which, in the opinion of QC, are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items ;

 

(e)       live animals, except pets and in so far as provisions contained in Paragraph 10 of this Article are implemented ;

 

(f)       Firearms, including ammunition, other than for hunting or sporting purposes and antiques, if deactivated.

 

6.      Restrictions to items accepted as baggage

 

(a)       Firearms and ammunition for hunting and sporting purposes, as well as deactivated antiques, may be accepted as checked baggage, in accordance with QC's Regulations. Firearms must be unloaded, with the safety catch on, and suitably packed. Carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations.

 

(b)       Deactivated antique firearms, swords, knives, any kind of weapons, real or copies and similar items may be accepted as checked baggage, in accordance with QC's Regulations, but will not be permitted in the cabin.

 

(c)       Fragile or perishable items, when they have been accepted on board, cash, foreign currencies, jewels, art pieces, precious metal, silverware, securities or other valuables, expensive clothes, optical and/or electronic or telecommunication devices, cameras of all kinds, music instruments, business documents, negotiable papers, passports and other identity documents, samples, or shares, whose reasonable monetary estimation is superior to en amount of 17 SDR/kg, which is the maximum recoverable value for regular items, under the Convention shall be repaired, in case of loss or damage, under Article XV/2 (c) hereunder, except if the passenger, on or before check-in, has subscribed a special declaration of value of the relevant item or device and has paid a supplementary sum, as required, under Paragraph 8 (a) hereunder.

 

(d)       If any item referred to in Subparagraphs (a) or (b) of this Paragraph is carried, whether or not it is prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions as applicable to the carriage of baggage.

 

(e)       Any collection item or item used for professional purposes will be repaired, in case of loss or damage, under Article XV/2 (c) hereunder.

 

7.      Right to refuse carriage

 

(a)       QC may, at any embarkation or intermediate point, refuse the carriage as baggage of any item, described in Paragraph 5 of this Article as prohibited for carriage as baggage, and may refuse further or continuous carriage of that item, on discovery thereof.

 

(b)       QC may refuse to accept baggage as checked baggage unless it is properly packed in order to ensure sage carriage with ordinary care in handling.

 

(c)       QC may refuse to carry as baggage any item because of its size, shape, weight or character.

 

(d)       QC may carry on later flights baggage which is in excess of the applicable free allowance on the dedicated flight.

 

(e)       For safety or security reasons, QC will accept baggage under his custody solely if he may search the contents of the said baggage, if need be, even in the absence of the passenger. The passenger's baggage delivery to QC implies that the passenger accepts the actual search of the baggage by QC and renounces any recourse or legal action thereof.

 

(f)       For the same reasons of safety or security, QC may deny the carriage or impose a liability limitation for the carriage of a « security » item, as defined under Article I here above, the said item being delivered to QC either by the passenger or by any third party, including, but not limited to, the airport authorities or the related security services. Any loss or damage shall be repaired under Article XV/2 (c) hereunder.

 

8.      Excess value declaration and charge

 

(a)       A passenger may declare a value for checked baggage in excess of the applicable liability limit, under conditions acceptable to QC. In such a case, the passenger shall pay any applicable charges and, as a counterpart, will be entitled, in case of damage or loss, to a repair equal to the amount declared, under limitation, if any, in QC's Regulations and to the extent that the declared value does not exceed the actual value of the item, as estimated.

 

(b)       QC will refuse a special declaration of value on checked baggage when a portion of the carriage is to be provided by another Carrier which does not accept this type of declaration.

 

9.      Collection and delivery of baggage

 

(a)       The passenger shall collect his/her baggage as soon as it is available for collection at places of destination or stopovers.

 

(b)       Only the bearer of the baggage check and identification tag, delivered to the passenger at the time the baggage was checked, is entitled to the delivery of the baggage. Nevertheless, failure to exhibit the baggage identification tag shall not prevent delivery, provided the baggage check is produced and the piece of baggage is identified by other means.

 

(c)       If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag, QC will deliver the baggage to such a person only on condition that he/she establishes, to QC's satisfaction, his/her right thereto, and, if required by QC, the said person shall furnish adequate security to indemnify QC for any loss, damage or expense which may be incurred by QC, as a result of such a delivery.

 

(d)       Acceptance of baggage by the bearer of the baggage check, 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)       Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by States of entry or transit will, with the previous agreement of QC, be accepted for carriage, subject to QC's Regulations.

 

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

 

(c)       If the animal is accepted as unchecked baggage, the passenger shall pay the relevant fare, according to QC's Regulations, and the animal shall remain under the exclusive custody of the passenger with respect to all damage sustained by such an animal. In case of damage occasioned by such an animal to any third party, during the whole duration of the air travel, and even under Paragraph (e) hereunder, QC shall exercise, at his sole discretion, any recourse against the passenger.

 

(d)       Guide dogs, together with its container, accompanying sight impaired or physically handicapped passengers will be carried free of charge, in addition to the normal free baggage allowance, subject to QC's Regulations.

 

(e)       QC shall not be liable for injury or loss, delay, sickness or death of such an animal in the event that entry into or passage through any State or Territory is refused to the said animal or causes any damage to such an animal or to any third party.

 

ARTICLE X

SCHEDULES, DISRUPTION OR CANCELLATION OF FLIGHTS

 

1.      Schedules

 

QC undertakes to use his best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel, it being understood that schedules may be modified by QC unilaterally and without previous notice in case of any constraint that prevents QC from adherence and respect to the said schedules.

2.      Cancellation, change of schedules, etc…

 

If due to circumstances beyond his control, QC cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, QC shall either:

(a)       carry the passenger on another of his scheduled passenger services on which space is available ; or

 

(b)       reroute the passenger to the destination indicated on the ticket or applicable portion thereof by his own scheduled services of another carrier or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, QC shall require no additional fare or charge from the passenger and shall refund the difference, if the fare and charges for the revised routing are lower ; or

 

(c)       make a refund in accordance with the provisions of Article III herabove;

 

3.      Information on timetables and schedules in case of successive carriers

 

In case of successive carriers on a route, QC which does not perform the carriage on a given sector shall assume liability for errors or omissions regarding the schedules and timetables of the said sector, only if his negligence is proven.

 

ARTICLE XI

CONDUCT ABOARD AIRCRAFT

 

1.      If a passenger behaves himself/herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or causes other passengers to reasonably object to his/her attitude, QC may take any measure as the deems necessary to prevent continuation of such a behavior an put a restraint on the passenger, if necessary.

 

2.      Such measures may include disembarkation of the passenger during the course of the air travel, in a scheduled or unscheduled stopover. In such a case, the passenger shall be considered as having unilaterally breached the contract of carriage.

 

3.      Without QC's permission, the passenger shall not even briefly operate aboard the aircraft portable radios, electronic games or transmitting devices including, but not limited to portable or fixed telephones or recorders, radio controlled toys and walkie-talkies. Hearing aids and heart pacemakers do not make part of these categories of devices.

 

ARTICLE XII

ADDITIONAL SERVICES SUPPLIED BY QC

 

If, in the course of concluding the contract of carriage by air, QC also agrees to make arrangements for the provision of additional services, QC shall bear liability to the passenger for default in such additional services solely if negligence is personally attributable to QC.

If QC make arrangements for passenger with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.

If QC are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

 

ARTICLE XIII

ADMINISTRATIVE FORMALITIES

 

1.      General

 

(a)       The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements from States to be flown from, to or in which there is an agreed stopping place, or where the passenger stops voluntarily, and with QC's Regulations and instructions.

 

(b)       The information about the provisions of (a) hereabove being subject to constant review, out of the scope of QC, and every effort having been made to ensure the relevant accuracy or having not been reasonably possible, QC shall not be held responsible for any loss or damage caused by errors, omissions or misinterpretation of the contents hereof, as delivered to the passenger. Furthermore, QC expressly disclaims all and any liability in respect of any information delivered or omitted, in good faith to the passenger by this agents, employees and representatives.

 

2.      Travel documents

 

(a)       The passenger shall present all exit, entry, transit, health and other documents required by laws, regulations, orders, demands or requirements of the States concerned.

 

(b)       QC reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose travel documents do not appear to be in order.

 

3.      Refusal of entry

 

The passenger agrees to pay the applicable fare whenever QC on Government order, is required to return a passenger to his/her point of origin of elsewhere, due to the passenger's inadmissibility into a State or a Territory, whether of transit or of destination. QC may apply to the payment of such a fare any funds paid to QC for unused carriage, or any funds of the passenger in the possession of QC. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by QC.

4.      Passenger responsible for fines, detention costs

 

If QC is required to pay or deposit any fine or to incur any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the States concerned or to produce the required documents, the passenger shall, on demand, reimburse QC for any amount so paid or deposited an any expenditure so incurred. QC may use, towards such expenditures, any funds paid to QC for unused carriage or any funds of the passenger in the possession of QC.

5.      Customs inspection

 

If so required, the passenger shall attend inspection of his/her baggage, checked or unchecked, by Customs or other Government officials or authorized organizations. QC shall not be liable to the passenger for any loss or damage suffered by the passenger due to his failure to comply with this requirement.

6.      Security inspection

 

The passenger shall submit himself/herself as well as his/her baggage to any security checks by Government officials, airport authorities, and any authorized organization or by QC.

ARTICLE XIV

SUCCESSIVE CARRIERS

 

 

Carriage to be performed by several successive Carriers under one ticket or under a ticket and any conjunction ticket issued in connection therewith is regarded as a single air travel, it being understood that each Carrier is responsible only for the carriage he is performing on his own.

 

ARTICLE XI

LIABILITY FOR DAMAGE

 

1.      General

 

(a)       Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention, unless such carriage is not an international carriage according to the Convention.

 

Except with regard to public social insurances or similar bodies or any subrogated party, QC agrees to renounce any limit of liability in case of death, wounding or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking passengers.

The liability regime hereunder is applicable pursuant to the Convention and the IATA agreements, as defined under Article I hereabove.

(b)       To the extent the foregoing is not in conflict with the contents of these Conditions of Carriage and whether or not the Convention applies :

 

(i)           QC is liable only for damage occurring on his own lines and on the lines operated by other Carriers, for whom he is acting as the contractual Carrier. A Carrier issuing a ticket or checking piece of baggage on the lines of another Carrier is action only as the agent of this Carrier. Nevertheless, with respect to checked baggage, the passenger shall also have a right of action against the first or last Carrier on the related air travel.

 

(ii)          QC is not liable for damage to unchecked baggage unless that damage is caused by the negligence of QC, as proven by the passenger. If there has been contributory negligence on the part of the passenger, QC's liability shall be subject to the applicable law relating to contributory negligence.

 

(iii)        QC is not liable for any damage arising from his compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same.

 

(iv)         QC's liability shall not exceed the amount of proven damages. Furthermore, QC shall not be liable for indirect or consequential damages.

 

(v)          Any exclusion or limitation of liability of QC shall apply to and be for the benefit of his agents, employees and representatives as well as any person owning the aircraft used by QC and the agents, employees and representatives of such a person. The aggregate recoverable amount from the above-mentioned beneficiaries shall not exceed the amount of QC's liability.

 

(c)       Unless expressly provided, nothing herein contained shall mean for QC any waiver of an exclusion or limitation of liability under the Convention or relevant applicable laws.

 

2.      Applicable provisions to international flights

 

(a)       Bodily injury

 

(i)           The scope of QC’s liability :

 

In accordance with Article 17 of the Convention, QC shall be liable for damage sustained in case of death or wounding of a passenger or any other bodily injury suffered by the passenger if the accident which cause the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking and disembarking passengers and without prejudice to QC’s liability exonerations herebelow.

 

(ii)          QC’s liability exonerations :

 

QC shall not be liable for the damage sustained if he proves that :

-       the death, the wounding or any other bodily injury resulted solely from the state of health, physical or mental, of the passenger as existing before the operations of embarking passengers ;

 

-       the damage, under (a) (i) of this Paragraph, has been caused or contributed to by the negligence of the passenger ;

 

-       he has taken all necessary measures to avoid the damage or that it was impossible for him to take such measures, under Article 20 of the Convention.

 

(iii)        Waiver of QC :

 

-       QC shall not avail of Article 20.1 of the Convention for any claim from the victim or his/her dependants if such a claim is less than or equal to an amount of 100 000 SDR ;

 

(iv)         Amount of the repairable damage :

 

-       The liability of QC for death, wounding or any other bodily injury caused to a passenger, under paragraph 1 hereabove, is unlimited. The recoverable amount will cover the repair of the damage, as fixed by amicable settlement, way of expertise or the relevant court.

 

-       QC shall compensate the passenger for recoverable compensatory damages only for the portion in excess of any payment received from any public social insurance or similar body

 

(v)          QC reserves all rights of recourse against any third party including, without limitations, rights of contribution and indemnity.

 

(b)       Delay

 

(i)           Features of repairable damage :

 

-       Delay is not a source of prejudice as such : direct damage only shall be repairable, exclusively of any consequential damage,

 

-       The passenger shall prove the damage caused by the delay.

 

(ii)          Extent of QC's liability :

 

-       QC shall not be liable for damage occasioned by a delay if he proves that he or his agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures.

 

-       QC shall not be liable for damage occasioned by a delay caused by the passenger or which he/she has contributed to.

 

(iii)        Extent of the repair :

 

-       The amount of the repair is determined by the damage as proven by the passenger and within the limitations contained in the Convention.

 

-       In case of delay in the delivery of any checked baggage, QC may compensate the passenger for essential expenses occasioned by this delay, by way of a lump sum.

 

(c)       Baggage

 

(i)        Exonerations of QC’s liability :

 

-       QC shall not be liable for injury to a passenger for damage of his/her baggage because caused by the property contained in such passenger’s baggage. Any passenger, whose property causes injury to another person or damage to another person’s property or to the property of QC, shall compensate QC for all losses and expenses incurred by QC as a result therof.

 

-       QC shall be liable to a particular liability, without maximum amount other than the actual value of the item, under Article 22.2 for any damage and/or loss caused to fragile or perishable items or valuables, as mentioned in Article IX Paragraph 6 hereabove, only if the passenger has made the special declaration of value, under Article IX/8 (a) and has paid the applicable charge, as required.

 

(ii)       Amount of the compensation :

 

-       For checked baggage and except in case of acts and omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result thereof, the liability of QC shall be limited to SDR 17 per kilogram, provided that if, pursuant to the applicable law, different limits of liability are applicable, such different limits shall apply. If the weight of the baggage is not recorded on the baggage check, the checked baggage is presumed not to exceed the applicable free baggage allowance for the class of service concerned, as provided in QC’s Regulations. If a special value has been declared, pursuant to Article IX Paragraph 8 (a), the liability of QC shall be limited to that special declared value.

 

-       For unchecked baggage accepted on board, QC shall be liable only if and when his gross negligence has been proven by the passenger. In such a case, his liability shall be limited to 332 SDR per passenger.

 

3.      Applicable provisions to domestic flights

 

(a)       For flight performed on and above the Cameroonian territory, the applicable provisions regarding QC’s liability are the same as those mentioned above for international flights.

 

(b)       For domestic flights on and above another territory than Cameroon, the applicable provisions regarding QC’s liability shall be the law(s) of the said State(s) or Territory(ies) or any applicable regulation thereof.

 

4.      Time limitation on claims and actions

 

(a)       Notice of claims for baggage

 

Receipt by the person entitled to the delivery of baggage without complaint shall be prima facie evidence that the same have been delivered in good condition.

No action for damage, however founded, under Article 26 of the Convention shall be brought regarding checked baggage unless the person entitled to delivery complains to QC forthwith after the discovery of the damage, and, at the latest, within seven days (7) from the date of receipt or, in case of delay, twenty-on days (21) from the date on which the baggage has been placed at the passenger’s disposal.

 

As soon as QC receives a complaint about any loss or damage, QC will establish an « evidence of damage or loss » with reservations, if need be.

(b)       Limitation of actions for passengers

 

Any right to damage shall be extinguished if an action is not brought within two 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 reckoning the period of limitation shall be determined by the law of the relevant court.

 

(c)       Any action under (a) and (b) hereabove must be carried out in writing and within the indicated time limit.

 

ARTICLE XVI

MODIFICATION AND DELETION

 

 

No agent, employee or representative of QC has authority to alter, modify or delete any provision of these Conditions of Carriage.

NAME OF QC

CAMEROON AIRLINES CORPORATION

 

ABREVIATION OF NAME

CAMAIR-CO

IATA DESIGNATOR CODE

QC