Our conditions of Carriage and Sale

General informations

Air Archipels is an airline approved by the Civil Aviation under CTA n° FR.AOC.0123.

The Polynesian company Air Archipels is an EURL with a capital of 425,235,000 XPF, registered under number Tahiti – 36076.

Address: BP 6019 – 98702 Faaa – Tahiti – French Polynesia.

Subject

These general conditions of sale and carriage aim to define the conditions under which the Carrier provides the Customer with air transportation services (hereinafter referred to as the “Services”) in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air signed in Warsaw on October 12, 1929 as amended by the Hague Protocol of September 28, 1955.

They apply by the sole effect of the purchase of a transport service under the conditions mentioned below.

Article 1 – Definitions

The expressions used in these General Conditions of Carriage have the following meanings :

– Voluntary stop means a stop during the journey, requested by the Passenger, at a stopover located between the point of departure and the point of destination, granted beforehand by the Carrier.

– Baggage means the articles, effects or other personal property of a Passenger, intended to be carried or used by him/her, necessary for his/her comfort and well-being during the journey. Unless otherwise provided, this term includes both Checked and Unchecked Baggage of a Passenger.

– Checked Baggage means those of which the Carrier takes sole custody.

– Unchecked Baggage means any Baggage of the Passenger other than Checked Baggage. Such Baggage remains in the Passenger’s custody.

– Quotation signed by the customer means a valid document establishing the right to transportation. It embodies the Contract of Carriage, notices to Passengers and includes these General Conditions of Carriage.

– Customer means a natural or legal person in relation with Air Archipels for one or more rentals of one or more of its aircraft.

– Carrier Designation Code means the code assigned by IATA, identifying each Carrier member of this organization in two or more alphabetic, numeric or alphanumeric characters.

– Charter Contract means the operation by which the contracting Carrier (Contractual Carrier) delegates to another Carrier (De Facto Carrier) the responsibility of performing all or part of the carriage. It also means the commercial agreement by which any other Passenger’s contractor (e.g. a tour operator) entrusts a Carrier with the performance of the whole or part of the carriage.

– Contract of Carriage means the statements contained in the quotation signed by the Passenger, together with the Itinerary, the available load, the timetable, the date and the flight time, all clearly identified as contractual provisions and which incorporate these General Conditions.

– Agreement means each of the following official documents applicable to the Contract of Carriage :

1. The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (hereinafter referred to as the Warsaw Convention) ;
2. The Warsaw Convention as amended at The Hague on September 28, 1955 ;
3. Certain provisions of the regulations applicable to air transportation within the European Union, which provide for a de-capped compensation for personal injuries suffered in this context, except in the cases provided for by the said regulations. The consequence of this regulation is to replace the above mentioned Warsaw Convention by a part of the texts of the European regulations referenced CE 2027/97 and CE 889/2002, summarized in the Note annexed to the European regulation CE 889/2002.

– The number of checked baggage is indicated on the passenger’s manifest.

– Intermediate stops means the points of stop, except the points of origin and destination.

– Special Drawing Right (SDR) means the unit of account of the International Monetary Fund (IMF), the value of which is determined periodically by the latter.

– Damage includes death, injury, delay, total or partial loss or other loss of any kind (as defined in the Convention or below) arising out of or in direct connection with the air carriage or other services performed by the Carrier in connection with the air carriage ;

– IATA (International Air Transport Association) means the International Air Transport Association established in April 1945 in Montreal, whose mission is to encourage the development of safe, regular and economical air transport, to promote air commerce and to study related issues.

– Security Object means any object which, for safety or security reasons, is not permitted to be carried in the cabin under current regulations/legislation.

– Passenger means any person, other than crew members, carried or to be carried by air, with the consent of Carrier (with a signed quotation).

– Passenger with Reduced Mobility means any person whose mobility is reduced when using a means of transportation due to a physical disability (sensory or locomotor, permanent or temporary), an intellectual disability, age or any other cause of disability and whose situation requires special attention and adaptation to his/her needs of the services available to all Passengers.

– Carrier’s regulations means all rules, other than these Conditions, published by the Carrier and in force at the date of the quotation issue, relating to the carriage of Passengers and/or Baggage, and shall include any applicable tariffs in force at such date.

– Reservation means the fact that a Passenger is in possession of a contract (signed quotation) or other evidence indicating that the Reservation has been accepted and registered by the Air Carrier or tour operator.

– Fares means the prices and corresponding General Conditions of Carriage communicated by the Carrier.

– Air Transportation means the Transportation of the Passenger or his/her Baggage, whether free of charge or against payment, as defined by the applicable Convention.

– Carrier means the Airline which has issued the contract of carriage (signed quotation), as well as all airlines which carry or undertake to carry the Passenger and/or his/her Baggage under the quotation signed and validated by the company.

– Domestic flight means any flight whose origin and destination are located in French Polynesia.

– International flight means, within the meaning of the Convention, any flight for which the point of departure and the point of destination, and possibly the stopover point, are located on the territory of at least two States notwithstanding intermediate stopovers or changes of aircraft, or in a single State if an intermediate stopover is planned in another State.

Article 2 – Fare conditions

Fares

Fares are communicated by Air Archipels on a quotation corresponding to the service requested by the Customer. They can be communicated inclusive of all taxes, or exclusive of taxes, in which case the taxes mentioned must be added to the price excluding taxes.

Any tax or fee decided by the government of French Polynesia or any new airport fee after the quotation has been established can be added at the time of the quotation for billing purposes.

They are included in the fares unless Air Archipels is not aware of them in advance or, if they are too variable to be included in the fare, they will appear in the invoice if applicable.

Booking and payment conditions

Fares, taxes, fees and charges are payable in Pacific Francs, Euros and Dollars. Air Archipels may, at its discretion, accept payment in other currencies.

The reservation is confirmed after payment of the deposit or the total fare of the flight.

After receiving a signed quote from the client, the payment conditions are as follows :

– 20% of the fare upon confirmation of the reservation.

– 100% of the fat the latest one month before the departure date of the first flight.

In case the Customer has concluded a credit agreement with Air Archipels, the payment is due within 30 days following the date of the invoice of Air Archipels, unless otherwise agreed in writing with Air Archipels. In case of delay of payment, the Customer will be applied a penalty of delay at the legal rate in force.

If the Customer has not made the payments before the departure, Air Archipels will be able to cancel without notice the Reservation and to freely dispose of the slot thus released. The Customer will be liable for the cancellation fees specified in the paragraph below.

Cancellation

In case of cancellation by the Customer, the following cancellation fees will be applied :

– Cancellation more than one month before departure : 20% of the fare

– Cancellation between 1 month and 15 days before departure : 50% of the fare

– Cancellation less than 15 days before departure : 100% of the fare

Modifications

If the customer wishes to change all or part of his trip, he will have to contact Air Archipels beforehand. A new quotation will then be submitted to the customer who will have the possibility to accept the new price or to maintain the original transport.

Article 3 – Travel documents

The Passenger shall present all entry, exit and transit, health and other documents required by applicable laws, regulations, orders, demands and provisions in the States of departure, destination and transit.

The Passenger is, moreover, required to allow Air Archipels to take a copy of these documents if necessary or to note the information they contain.

Air Archipels reserves the right to refuse carriage of any passenger who has not complied with the laws and regulations in force or if Air Archipels has doubts about the validity of the submitted documents.

Air Archipels cannot be held responsible for the losses or expenses that the Passenger would undergo for not having complied with the legal provisions.

Article 4 – Delay, flight cancellation

Air Archipels commits itself to do its best to carry the Passenger and his or her baggage according to the hours indicated on the quote. Air Archipels may modify or cancel the stopovers planned on the quotation in the case of operational necessity. Air Archipels does not assume any responsibility for the connections of other carriers.

In the case of delay or cancellation of flight imputable to Air Archipels :

Air Archipels will propose :

– Transportation on a scheduled flight, subject to seat availability ;

– Another carrier

If neither of the two proposed solutions is convenient for the customer, a refund will be proposed.

In addition, if the customer is not a resident of the island where the flight is delayed or cancelled, Air Archipels will pay for the accommodation and catering costs necessary on this island, in an establishment chosen by the customer, until the departure.

If the cause of the flight delay or cancellation is not due to Air Archipels (weather, air traffic control strike, or more generally any event beyond the company’s control or an event resulting from a case of force majeure), the costs resulting from this hazard will remain at the Customer’s charge.

In the case of a late presentation of the passenger and provided that the company is informed, Air Archipels will endeavor to wait for the arrival of the boarding passengers as far as possible and insofar as this delay does not impact other customers of Air Archipels. In case of a no-show of a passenger, no refund will be made.

Article 5 – Transportation of Baggage

Checked or hold Baggage

The size and weight must be communicated before signing the quote. The maximum load available in the hold is specified in the quote signed by the customer.

Checked Baggage will be carried, whenever possible, on the same aircraft as the Passenger, unless this could not possible for operational or security reasons. The Baggage will then be transported on an Air Tahiti flight free of charge. Depending on their availability, the transportation of the Baggage may be shifted from the Air Archipels flight schedule.

At the moment of handing over the Baggage to the Carrier at check-in, Air Archipels takes custody of it. The number of hand luggage is also limited to the available load specified in the quote.

Concerning oversized or special luggage : Information at reservation@airarchipels.pf

Baggage security

We recommend that you pack your own luggage, do not leave it unattended and do not accept to carry an object or luggage on behalf of another person.

When checking in our passengers, and with the aim of ensuring flight safety, security agents may ask to open the baggage. The baggage will not be transported if this control is refused.

In case of inaccurate declaration on the nature of the product or discovery of dangerous goods in the baggage, criminal proceedings may be initiated. The goods will be immediately confiscated and examined by the competent authority.

Baggage must be locked and tagged with the passenger’s contact information.

If the packaging of a Baggage is inadequate, defective or in bad condition, Air Archipels can refuse or accept it, provided that it is not responsible for any damage or other deterioration that the Baggage in question could undergo.

Unchecked baggage or hand baggage

All hand baggage is placed in the hold, except for accessories (handbags, computer bags, etc.). The number of hand baggage items is also limited to the available load specified in the quotation.

Baggage collection and delivery

Passengers shall collect their Baggage as soon as it is made available to them at their places of destination or voluntary stopover.

Delayed Baggage, lost Baggage, damaged Baggage

Any action for damage caused to Checked Baggage will be inadmissible if the person qualified to file a claim against Air Archipels has not protested to the company at the time of delivery of the Baggage.

In case of delay of the baggage, Air Archipels commits to compensate the customer at the legal rate in force.

The responsibility of Air Archipels in case of Damage caused to the Checked Baggage will be limited according to the conditions established by the Warsaw Convention (i.e. to date : 17 SDR per kg and, in case of Damage caused to the Baggage accepted in the cabin, limited to 332 SDR per Passenger). If the weight of the Baggage is not indicated on the baggage label, the total weight of the Checked Baggage is deemed not to exceed the available load.

Air Archipels cannot be held responsible for Damage to unchecked Baggage, unless such Damage is the direct result of Air Archipels’s fault, one of its employees or agents, which must be proven by the Passenger who invokes it. Air Archipels is not liable for damage to or loss and/or disappearance of fragile or perishable objects, currency, precious metals, silverware, securities or other precious objects, business papers, passports and other identification documents, samples, medical devices or other items placed in Checked Baggage.

Restricted items

To ensure safety on board, certain items cannot be checked or require special handling. Please visit our https://air-archipels.com/votre-securite page for a list of prohibited items and dangerous goods.

Customs control

If required, Passengers shall attend the inspection of their Checked or Unchecked Baggage by Customs or any other government authority. Air Archipels is not liable for any loss or damage suffered by the Passenger if he fails to comply with this requirement.

The Passenger shall indemnify Air Archipels if any act, omission or negligence on his/her part causes damage to Air Archipels, in particular due to his/her failure to comply with the provisions of this paragraph or to authorize Air Archipels to inspect his/her Baggage.

Article 6 – Transport of animals and plants

Information on request reservation@airarchipels.pf and on the Biosafety website :

Transport interinsulaire

Avions – Aéronefs

Article 7 – Special assistance – Passengers with special needs

The persons requiring a particular assistance must necessarily announce it at the time of the reservation to get the prior approval of Air Archipels. Air Archipels may decline their transport, even after having validated the reservation, if it considers that the person is unfit for the transport. If you have a medical history, Air Archipels recommends that you consult a doctor before boarding and take all necessary precautions.

Babies

A baby must be accompanied by a valid adult (18 years or older).  A baby does not have a seat, it must be taken care of by an adult.

Children

Any child aged 2 years old to less than 12 years old must be accompanied by a valid adult of at least 18 years old. An adult may accompany several children.

Pregnant women

Pregnant women under 8 months of pregnancy can travel without special conditions, unless the pregnancy requires special attention. Women who are more than 8 months pregnant or with a delicate pregnancy can be accepted on Air Archipels flights subject to presentation of a medical certificate less than 8 days old. Women who are more than 8 months pregnant cannot accompany a child or a baby.

Article 8 – Discipline on board

If a Passenger, by his/her behaviour on board, endangers the aircraft, any person or property, prevents the crew from carrying out their duties, does not comply with the recommendations of the crew or behaves in a way that is reprehensible to other Passengers, Air Archipels may take all measures, including restraint, and/or disembarkation of the Passenger, at any time during the flight, to prevent the continuation of such behaviour. (Article L6522-3 of the French Transport Code) Air Archipels may also refuse the Passenger transportation for future trips.

The use of transmitting devices such as radios, cell phones is forbidden during the entire flight. Furthermore, the use of electronic equipment such as electronic games and laptops during the take-off and landing phases is prohibited. Finally, Air Archipels will be able to refuse the use of any device which would harm the comfort of the crew.

On board the aircraft, the use of tobacco is strictly forbidden. Air Archipels can be brought to limit or prohibit the consumption of alcohol on board.

Article 9 – Right to refuse carriage

Air Archipels may refuse carriage in the following cases :

– The Passenger has not complied with the applicable law and the General Conditions of Air Archipels

– If your behavior on board endangers the aircraft, a person or property, prevents the crew from performing its duties, if you do not comply with the recommendations of the crew or if you behave in a way that is reprehensible to other passengers, Air Archipels may take all measures, including restraint, to prevent the continuation of such behavior. Air Archipels may also refuse you transportation on its routes for future trips ;

– If your age, your mental or physical condition, including your condition caused by the consumption of alcohol or the use of drugs or medication are such as to require special assistance from the Carrier, to create a nuisance for other Passengers, to present a danger or even a risk to yourself, to other persons or to property ;

– If you have refused to undergo the security check required by law and/or if you have been unable or unwilling to provide proof of your identity at any time during your journey ;

– If you have not paid for your transportation in accordance with the above conditions (see Article 3 – Fare conditions) ;

– If you request or require special assistance during check-in or boarding that was not requested at the time of booking your trip ;

– If you have not complied with the instructions and regulations concerning safety or security or the instructions of Air Archipels ;

Article 10 – Refusal of entry

If a Passenger is refused entry into a territory, the Passenger shall pay any fees or fines that would be imposed by the local authorities on Air Archipels as well as the cost of transportation, in case Air Archipels should, as a result of a governmental injunction, bring the Passenger back to its point of origin or elsewhere. The fare collected by Air Archipels up to the point of refusal of entry, will not be refunded by Air Archipels.

In accordance with the French and international laws and regulations, the absence of communication or the inaccuracy of the data can lead to a refusal of boarding or entry on a foreign territory (Cook Islands), and this, without the responsibility of Air Archipels being engaged.

 Article 11 – Liability for damage

Carrier’s liability is determined by the General Conditions of Carriage of Air Archipels, unless otherwise specified, and is subject to the rules and limitations of liability set forth in the Convention.

Air Archipels’ liability is limited to the Damage occurring during the Air Transport for which its Designation Code appears on the signed quotation corresponding to the flight. As regards Checked Baggage, and if Air Archipels has used another carrier, the Passenger has a right of recourse against the first or last Carrier involved in his/her journey.

Air Archipels’ liability shall not exceed the amount of proven Damages. Moreover, Air Archipels will not be liable for indirect Damages or any form of non-compensatory Damages.

Air Archipels cannot in any way be declared responsible for Damages resulting from its compliance of any legal or regulatory provisions (laws, regulations, decisions, various requirements and provisions) or from the non-compliance of these same provisions by the Passenger.

Air Archipels is not liable for any illness, injury or disability, including death of a Passenger, due to the physical condition of the Passenger, nor for any aggravation of such condition.

The Contract of Carriage (quotation), including these General Conditions of Carriage and all exclusions or limitations of liability contained therein, shall apply to and be for the benefit of the Authorized Agents of Air Archipels, its servants, agents, representatives and the owner of the aircraft used by Air Archipels, as well as the agents, employees and representatives of such owner. The aggregate amount recoverable from the aforementioned persons shall not exceed the amount of Carrier’s limit of liability.

If the negligence or other wrongful act or omission of the person claiming compensation or of the person from whom he or she derives his or her rights caused or contributed to the Damage, Air Archipels shall be relieved of all or part of its liability to such person, including liability for death or personal injury under applicable law.

Except as expressly provided, nothing herein shall be construed as a waiver of the exclusion or limitation of liability of Air Archipels, the owner whose aircraft is used by Air Archipels, their agents, servants, mandataries or representatives, under the Agreement and applicable law.

Air Archipels is not liable for Damages resulting from its compliance with all legal or Government regulations and provisions, or from non-compliance with these same conditions by the passenger.

Air Archipels is not liable for any damage suffered by the Passenger or for Damage to his/her Baggage when caused by objects contained in said Baggage. Any Passenger whose property causes prejudice to another person or damage to another person’s property or to Air Archipels’ property shall indemnify Carrier for all losses and expenses incurred as a result thereof.

Article 12 – Limitation period of actions

Any liability action must be brought, under penalty of prescription, within two years from the date of arrival at destination, or from the date on which the plane ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation is determined by the law of the court seized of the case. All claims or actions mentioned must be made in writing, within the limitation period indicated.

Article 13 – Jurisdiction

This Contract shall be administered and interpreted in accordance with French law.

Any dispute arising from the existence, interpretation, validity, termination or performance of this Agreement shall, in the absence of an amicable agreement between the Parties, be submitted to the jurisdiction of the competent courts of Papeete, Tahiti (French Polynesia).

The place of settlement of disputes shall be in Papeete, Tahiti (French Polynesia) and arbitration shall be conducted in French.