[PDF] CONDITIONS GENERALES DE TRANSPORT : PASSAGERS ET





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CONDITIONS GENERALES DE TRANSPORT : PASSAGERS ET

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ARRETE DU MINISTRE DES TRANSPORTS N° 218-96 du 23

13 févr. 1996 de Royal Air Maroc ou son représentant : Membre ... Commandant de Bord en transport public ou sur un avion qui a des.

1 GENERAL CONDITIONS of TRANSPORT: PASSENGERS AND BAGGAGE

TABLE OF CONTENT

Article I: Definitions ...................................................................................................................................................... 2

Article II : Scope ............................................................................................................................................................ 7

Article III: Tickets ........................................................................................................................................................... 9

Article IV: Rates and Taxes

.......................................................................................................................................... 14

Article V : Reservations ............................................................................................................................................... 16

Article VI: Check-in and Boarding ...............................................................................................................................

19

Article VII: Transportation Refusal and limitation/Special Conditions........................................................................ 20

Article IX : Schedules, Delays and Flight cancellations ................................................................................................ 32

Article X : Behaviour on board .................................................................................................................................... 33

Article XI: Refunds ....................................................................................................................................................... 34

Article XII: Ancillary services ....................................................................................................................................... 38

Article XIII: Administrative Formalities ....................................................................................................................... 38

Article XIV : Successive Air Carriers ............................................................................................................................ 40

Article XV: Liability for Damage .................................................................................................................................. 41

Article XVIII: Competent law ....................................................................................................................................... 48

2 ARTICLE I: DEFINITIONS: except as otherwise indicated or as the context may otherwise require, words and expressions herein used, whether importing the singular or the plural, including in the titles, shall have the following meanings: Air Carrier: means Compagnie Nationale ROYAL AIR MAROC or any other

Complementary ticket.

Air Carrier Designation Code - means the code assigned by IATA that identifies on an individual basis each carrier that is a member of this association, and that is composed of two or more characters or letters, appearing on the Tickets, schedules, reservation system and any other document or medium of the Air Carrier. Air Chartering : means (i) the operation pursuant to which an Air Carrier who has concluded an Air Transport Agreement with the Passenger (" Contracting Carrier ») delegate to another Carrier (" Actual Carrier ») to take in charge partially or totally, the Passenger Air Transport and/or (ii) the operation pursuant to which a third party such as a tour operator or a travel agency, assigns to an Air Carrier the care to execute, totally or in part, the Air Transport. conditions, published by the Air Carrier, and in force on the date of issue of a Ticket, relating to the carriage of Passengers and/or Baggage, including all

Rates applicable on such date.

Air Transportation: means herein any flight from boarding operations to landing operations within the meaning of the applicable Convention. Authorised agent : means any person (either individual or legal entity) authorised by the Air Carrier to represent it in the sale of passengers air transportation on the Air Carrier services and, to the extent permitted, on other air carriers services. Baggage : means personal items, property and other things accompanying a Passenger during his flight. Unless otherwise indicated, this definition includes both Passenger Checked and Unchecked Baggage. 3 Baggage allowance: means the maximum quantity of Baggage (in number and/or weight and/or dimension) fixed by the Air Carrier, in accordance with

Article VIII. 5 hereof.

Baggage Bulletin: means the portions of the Ticket relating to the Baggage Identification Tag: means a document issued by the Air Carrier for the sole purpose of identifying the Checked Baggage and including a part affixed to such Baggage (³7MJ´) and another part given to the Passenger for the identification of this Baggage (Baggage Bulletin). Banking Card: means a mean of payment issued by a financial institution, adherent to international and/or national bodies such as VISA, MASTERCARD, AMERICAN EXPRESS, DINNERS, CB, CMI, Discover, Maestro, etc. (this list is not exhaustive). Checked Baggage : means Baggage which the Air Carrier has taken into its custody solely during the air transport, as mentioned on the Ticket or for which a Baggage Identification Tag has been issued. Check-in deadline: means the time limit specified for each flight by the Air Carrier, by which the Passenger must have completed the check-in formalities and received his boarding pass. Code Share Flight : means a flight operated by an Air Carrier that may be the carrier that issued the Ticket (Contractual Carrier), or another carrier (Actual Carrier) with which the Contractual Carrier has associated its

Designation Code.

Complementary ticket: means a Ticket issued for a Passenger jointly with another Ticket and the whole of which constitutes a single contract of transport. Contingency Plan for Lengthy Delays : means the Contingency Plan for of the aircraft on the tarmac of an airport located in the United States of America, as described by the U.S. Department of Transportation (DOT). 4 Contract of Transport: means the provisions and representations contained in or on the Ticket or in the Memorandum of Travel, and which incorporate, by reference, these General Conditions of Transport and the notices to Passengers. Convention: means whichever of the following apply as the case may be: (a) The Convention for the Unification of Certain Rules Relating to International Air Transport signed in Warsaw on 12 October 1929 (Warsaw

Convention).

(b) The Hague Protocol of 28 September 1955, amending the above

Convention.

(c) The Guadalajara Convention of 18 September 1961. (d) The Convention for the Unification of Certain Rules Relating to International Air Transport signed in Montreal on May 28, 1999 (Montreal

Convention).

Damage: includes the following:

death or bodily injury to a Passenger caused by an accident on board the aircraft or during boarding or disembarking operations; destruction, loss of or damage to Checked Baggage occurring during air transport or during any period during which the Air Carrier has custody of the Checked Baggage; delay of Passengers and Checked Baggage caused by air transportation. Days: means calendar days consisting of seven (7) days of the week. In the case of a notification, the day of dispatch of such a notification shall not be counted. To determine the validity of a Ticket, the day of issue of the Ticket or the day of commencement of the journey will not be counted. Domestic flight: means any flight of which the city of departure and the city of destination are located within the same State in territorial continuity. Electronic Coupon: means the electronic flight coupon or other document 5 Electronic Ticket: means the Memorandum of Travel (also referred to as the ³HPLQHUMU\ 5HŃHLSP´ issued by or on behalf of the Air Carrier, the Electronic Coupon or any document of the same value saved in the Air Flight Coupon: means the portion of the Ticket marked "valid for transport or good for passage" or, in the case of an Electronic Ticket, the Electronic Coupon, indicating the name of the Passenger, the point of departure and the point of arrival between which the transport is to be carried out. Force Majeure : means circumstances beyond the control of the party availing itself of them and establishing the proof thereof, of extraordinary and unpredictable nature, the consequences of which could not be avoided despite precautionary measures taken. General Conditions of Transport : means these General Conditions of

Transport.

IATA : means the International Air Transport Association. Inter Carrier Agreement : (called " IIA » and " MIA ») of INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) : means the reference documents modifying certain provisions relating to the liability of the Air Carrier, signed respectively on October 31, 1995 at Kuala Lumpur (IIA) and April 3, 1996 at Montréal (MIA) and entered into force on April 1, 1997; both documents are within the legal framework of the international texts relating to the liability of the Air Carrier NHORR GHVLJQMPHG ³POH FRQYHQPLRQ´ MV OHUHLQMIPHU defined. International Flight or Transport: means, within the meaning of the Convention, any flight of which the point of departure and the point of destination and if any the point of a stopover are located in the territory of at least two States adherent to the Convention or in the territory of a single State adherent to the Convention if an intermediate stop is planned in another State, even if that other State is not an adherent to the

Convention.

Issuing fees or "Ticketing Fees": means fees charged, where applicable, to the Passenger by the Air Carrier or its Authorised agent in exchange for the issuance of the Ticket. The amount of such fees is determined by the issuer of the Ticket. 6 Memorandum of Travel RU ³HPLQHUMU\ 5HŃHLSP means one or more documents that the Air Carrier issues to the Passenger travelling with an and notices to Passengers. It is an integral part of the Electronic Ticket. Passenger: means any person, other than crew members, transported or to be carried by aircraft in accordance with the provisions of their Ticket. Passenger Coupon or Passenger Receipt: means the portion of the Ticket issued by or on behalf of the Air Carrier and which must be retained by the Passenger. Passenger with Restricted Mobility: means any person whose mobility is restricted when using a mean of transportation, because of a physical disability (sensory or musculoskeletal, permanent or temporary), an intellectual disability, age or any other cause of disability, and whose situation requires special care and adaptation to its needs, of the services available to all Passengers. Rates : means the fare conditions of a transport reserved by a Passenger, in a booking class, for journeys, flights and, if applicable, specific dates. Rates may include Issuing or Service Fees and Taxes. Reservation: means any request for transport made by a Passenger and registered by the Air Carrier or its Authorised agent. Royal Air Maroc : means Compagnie Nationale " Royal Air Maroc », a public limited company under Moroccan law, registered in the Trade Register of Casablanca (MOROCCO) under No. 9667, and whose registered office is in

Casablanca, Casa-Anfa Airport, MOROCCO.

Royal Air Maroc website: means the website www.royalairmaroc.com Schedules: means the scheduled departure and arrival times of flights, as indicated in (i) the timetables issued by or under the authority of the Air Carrier, or on its website, or (ii) made available to the public electronically by the Air Carrier. Service Fees: means fees, charged, where applicable, to the Passenger by the Air Carrier and/or its Authorised agent, among other in consideration of the amendment ("Amendment Charges"), the reissue ("Reissue Charges") or the reimbursement ("Reimbursement Charges") of a Ticket. The Passenger 7 shall be informed by the Air Carrier of any applicable Service Fees prior to the finalization of the reservation. The amount of such fees is available from the Air Carrier or its Authorised agent. Special Declaration of Interest: means the declaration made by the Passenger at check-in specifying a particular value of his Baggage estimated by him/her to be higher than the limit of liability provided for in the Convention, and subject to payment by the Passenger of the applicable additional fee. Special Drawing Right (SDR): means the unit of account as defined by the International Monetary Fund. Stopover: means, with the exception of the places of departure and of destination, the points indicated on the Ticket or on the Air Carrier time tables as scheduled stops on a Passenger journey. Taxes: means fees, taxes and charges imposed by a government, the airport manager, or any other authority, as defined in Article IV below. Ticket: means the current document entitled Ticket, or the Electronic Ticket, together with a Baggage Bulletin if applicable, issued by or on behalf of the Air Carrier. It includes the terms and conditions of the Contract of Transport, including these General Conditions of Transport, notices to passengers, as well as Flight Coupons and Passenger Coupon or Passenger Receipt. Unchecked Baggage or " cabin baggage »: means any baggage of the Passenger other than Checked Baggage. Unchecked Baggage remain in the Voluntary stopover : means a stop scheduled by the Passenger during his journey at a point between the place of departure and the place of destination, and which duration does not exceed 24 hours.

ARTICLE II: SCOPE

1- General :

a) Subject to the provisions of paragraphs 2, 3 and 4 of this article, these General Conditions of Transport form an integral part of the Contract of 8 Transport and constitute the General Conditions of Transport mentioned on the Ticket. They apply only to any flight or segment thereof, operated for valuable consideration, for which Royal Air Maroc Designation Code "AT" appears in b) These General Conditions of Transport shall also apply to carriage free of charge or at reduced rates, except as otherwise provided by the Air Carrier in its regulations or in contracts, passes or Tickets issued for such carriage. c) These General Conditions of Transport are established in accordance with the Montreal Convention, the Moroccan laws in force, in particular with Law No. 40.13 of 24 May 2016 consisting in the civil aviation code in Morocco. They are available from Royal Air Maroc or its Authorised agents and are also available on Royal Air Maroc website. d) Any air transport service is subject to these General Conditions of the issue date of the Ticket.

2- Prevalence of law and fare conditions:

These General Conditions of Transport are applicable to the extent not contrary to the applicable Convention and/or to any applicable law and/or to the fare conditions of the Carrier, in which case this Convention or law or fare conditions would prevail. Any invalidation of one or more provisions of these General Conditions of Transport will have no effect on the validity of the other provisions, unless the invalidated provision(s) are decisive and essential to the existence of the Contract of Transport.

3- Prevalence of the General Conditions of Transport on the Air

Unless otherwise specified under these General Conditions of Transport, in Regulations, these General Conditions of Transport shall prevail.

4-Air Chartering:

If the transport is carried out under a charter agreement, these General Conditions of Transport shall apply to the extent that the terms of the 9 charter agreement, of the Ticket or of the contermark (in case of non- scheduled flight) will incorporate these conditions by reference or otherwise and in particular when such conditions are more favourable than those of the

Actual Carrier.

5. Code Share Flights :

arrangements made with other airlines. In such a case, an air carrier other than the one mentioned on the Ticket may provide the air transport service. These General Conditions of Transport shall also apply in the event of Code Sharing Flight when such conditions are more favourable than those of the Actual Carrier.

6. The Passenger shall be informed of the identity of the air carrier referred

to in paragraphs 4 and 5 above at the time of booking his Ticket if this identity is known, or at the latest, at the time of registration or in the event of correspondence without prior registration, before boarding operations.

7. In the event of a significant delay on the tarmac of an airport located in

Plan shall be applicable.

ARTICLE III: TICKETS

1-General:

a) Proof of the Contract of Transport: The Ticket attests to the contrary of the existence of a Contract of Transport between the Air Carrier and the Passenger whose name appears on the Ticket. The Ticket remains at all time the property of the issuing carrier. The conditions of the Contract of Transport inserted in the Ticket constitute a summary of these General Conditions of Transport. b) Ticket Requirements to be entitled to the transport: Except in case of Electronic Ticket, the Air Carrier will agree to supply the service of transport to the Passenger only if the latter is in possession of a 10 valid Ticket duly issued in the name of the Passenger, or of any other

Regulations.

The Ticket, issued by the Air Carrier or his Authorised agent, will have been paid entirely, unless otherwise agreed or decided by the Air Carrier. The Ticket will contain the Flight Coupon corresponding to the concerned flight and all other unused Flight Coupons as well as the Passenger Coupon or Passenger Receipt. The Passenger will not be entitled to the transport if the presented Ticket is damaged or modified by any person other than the Air Carrier or his

Authorised agent.

In the case of Electronic Ticket, the Passenger will be transported on a flight only if he produces his identity document and if a valid Electronic Ticket was issued in his name. The Air Carrier may, at any time of the journey, check the identity documents of the Passengers. c) Loss, alteration or no presentation of the Ticket: In case of loss or alteration of all or part of the Ticket, or no presentation of a Ticket containing the Passenger Coupon or Passenger Receipt and all the unused Flight Coupons, the Air Carrier which issued the Ticket may, at the replace all or part of the Ticket by the issuance of a new Ticket, provided that at the time of his request the Passenger proves to the Air Carrier that a valid Ticket had been issued for the related flights. The issuing Air Carrier of the new Ticket may charge the Passenger with Service Fees for such reissuing, unless the loss or the alteration was due to the Air Carrier or his Authorised agent. If the proof mentioned in the previous paragraph is not brought, the issuing Air Carrier of the new Ticket may require from the Passenger first to pay the total price of the replacement Ticket. Such payment will be reimbursed to the Passenger, if the latter brings the proof, to the issuing Air Carrier of the new Ticket, that the lost or damaged 11 Ticket was not used during its validity period or if he found the lost Ticket before its expiry date and handed it back to the issuing Air Carrier of the new Ticket. Duty of diligence: the Ticket is a valuable document. The Passenger must take all measure to make sure that the Ticket is not lost, stolen, or damaged/altered. d) Non-transferable Ticket: Subject to the provisions of any applicable law in force, a Ticket is not transferable. If a Ticket is presented by a person other than the person entitled to be transported or reimbursed in accordance with the terms and conditions of such Ticket, the Air Carrier shall not be held liable for any consequences if, in good faith, it carried the person presenting said Ticket or if it reimbursed the person presenting it. e) Control: : Any Passenger benefiting from a Rate reduction or a Rate with special conditions , must be able to justify with the Air Carrier, the validity and regularity thereof at any time of its journey. In the absence of such justification, the Passenger (i) would be required to pay the difference between the Rate paid and the Rate he should have paid, or (ii) would be denied boarding. Any Passenger who has acquired his or her Ticket by Banking Card through the journey to justify to the Air Carrier that he or she is the holder of the Banking Card used for the payment of the Ticket or, failing that, must be able to provide a copy of: - a valid ID from the person holding the Banking Card used for the payment, and - the Banking Card used for such payment. In the absence of such credentials, the Passenger may be (i) required to pay the Ticket with another mean of payment (which may be a Banking Card of a person present with him at registration), or (ii) denied boarding.

2- Ticket Period of validity and extension

12 a) Period of validity : Unless otherwise stated on the Ticket or in these General Conditions of Transport or in the applicable fare conditions affecting the period of validity of a Ticket as indicated thereon, the period of validity for transport of a

Ticket is as follows:

One year from the issuance date of the Ticket, or

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