Duties to Passengers

Ticket for Passengers

A ticket for the carriage of a passenger must be delivered, which contains

• details of the place of departure and destination, which shows at least one stopping place outside the State;
• notice to the effect that the journey involves an ultimate destination or stop in a state other than the place of departure
• that the Warsaw Convention may be applicable and
• that it governs the (in most cases) liability of carriers for death or personal injury and damage in respect of loss or damage in respect of baggage.

The ticket presumptively contains the proof of the conclusion and contents of the contract of carriage.

The absence, loss or irregularity of a ticket does not affect the existence of a contract, which will be, nonetheless, subject to the rules.  However, if, with the carrier’s consent, a passenger embarks without a ticket having the requisite notice, the limitation of liability in the Convention is not applicable.

Personal Injury

The carrier is liable for damage sustained in the event of the death or injury of a passenger if the damage took place on board an aircraft or in the course of embarking on disembarking.

Claims on death are regulated by civil liability legislation.  The liability in respect of carriage of passengers is limited to [250,000 francs].  Where damages are allowed by instalment, the equivalent payment must not exceed that sum.

The limit applies to each passenger. The limitations apply whatever the nature of the proceedings worldwide.  The contract may provide a higher limit.

Baggage

There is a distinction between baggage and hand baggage.  A baggage check must be delivered on registration of baggage, which, unless combined with a passenger ticket which complies with the Warsaw Convention, must indicate

• the place of departure and destination (f the places are within one state, and that is a stop in a place in another state, at least one such state;
• notice to the effect that if the carriage involves a destination in a state other than the state of departure, the amended Convention may be applicable and
• that it governs and, in most cases, limits the liability of carriages for loss or damage to baggage.

If the baggage check is presumptive evidence of the registration of the baggage.  It is also presumptive evidence of the conditions of carriage.

The absence, irregularity or loss of the baggage check does not affect the validity of the contract of carriage.  It remains subject to the amended Warsaw Convention rules.  However, if a carrier accepts baggage without a baggage check having been delivered, which complies with the legislation, the carrier is not entitled to avail of the limitations of liability in the Convention.

Liability for Baggage

The carrier is liable for damage sustained in the event of the destruction, loss of or damage to registered baggage taking place during carriage by air.  This includes the period from the time when the baggage is given into the charge of the carrier and the period of carriage by air.  This includes the period when it was in the aerodrome or onboard the aircraft and in the case of a landing outside an aerodrome, in any place whatsoever.

It does not cover carriage by land, sea, or river performed outside of an aerodrome.  If this carriage takes place in the performance of a contract of carriage by air for the purpose of loading, delivery or transhipment, the damage is presumed, subject to the contrary, to have taken place during the carriage by air.

The receipt of delivery of baggage without complaint is presumptive evidence that it has been delivered in good condition in accordance with the carriage contract.  The person entitled to delivery must complain to the carrier immediately upon discovery of the damage or, at the latest, within seven days of receipt.  If there is a delay, the complaint must be made within 21 days of the date when the baggage has been put at his disposal.

Complaints must be made in writing on the document of carriage or by notice dispatched within the above time limits.  If the timelines are not complied with, then there is no action against the carrier, save in the case of fraud on the latter’s part.

Limits

In the case of registered baggage, the carrier’s liability is limited to [  ] per kilogram.  If the passenger has made a special declaration of interest at the time the baggage is delivered and paid a supplementary sum, if the case so requires, the carrier is liable for an amount not exceeding the declared sum unless he proves that this exceeds the actual value of the relevant items/contents at the destination.

Where registered baggage (or any object in it) is lost, damaged, or delayed, the weight to be taken into account in limiting the liability is the total weight of the package or packages concerned.  Where the loss affects other packages covered by the same baggage check, the total weight of baggage is taken into account.

In relation to things which the passenger takes charge of himself, liability is limited to [ ] per passenger.