ARTICLE I – DEFINITIONS
For the purposes of these Conditions and except as otherwise provided for herein, the following terms when used with a capital letter are used with the meanings set out below:
Administration Fees means fees charged, where applicable, to the Passenger by the Authorized Agent, in particular for the issuing ("Issuing Fees"), the modification ("Modification Fee"), the reissuing ("Reissuing Fee"), the refund ("Refund Fee") or the invoicing ("Invoicing Fee") of a Ticket. The amount is fixed by the Authorized Agent.
The Passenger shall be informed of the amount of the applicable Administration Fees by the Authorized Agent before finalizing the Reservation.
In the event that the Authorized Agent is FRENCH BEE, these service fees are non-refundable.
Authorized Agent means an individual or legal entity that the Carrier has authorized to represent it in the sale of air travel documents and services. The Carrier may be designated as an Authorized Agent if it has sold FRENCH BEE tickets to the Passenger, in particular, via its website, its telephone reservation center and its ticket counters.
Baggage means the personal effects and other personal items accompanying the Passenger during the journey. Except where otherwise stipulated, this term refers to both Checked Baggage and Unchecked Baggage.
Baggage Claim Ticket means the portion of the Baggage Identification Tag issued by the Carrier to the Passenger for the carriage of Checked Baggage.
Baggage Identification Tag means a card issued by the Carrier in order to identify Checked Baggage and which includes a portion which is affixed to the Baggage ("Baggage Tag" or "Tag") and a portion which is given to the Passenger for the identification of said Baggage ("Baggage Claim Ticket").
Baggage Tag means the part of the Baggage Identification Tag attached to Checked Baggage.
Beneficiary means the Passenger or any person who can claim compensation on behalf of said Passenger, in accordance with the applicable law.
Boarding Deadline means the time limit, as indicated for each flight, before which the Passenger must arrive at the boarding gate.
Cabin Baggage (see Unchecked Baggage)
Carrier means FRENCH BEE or any other carrier whose Designator Code appears on the Ticket or on a Conjunction Ticket.
Carrier Designator Code means the code assigned by IATA, which identifies each carrier that is a member of this association by using two or more alphabetic, numeric or alpha-numeric characters and which appears on the Ticket in combination with the flight number.
The code designating the carrier FRENCH BEE is "BF".
Chartering means the operation whereby the Carrier which has concluded a Contract of Carriage with the Passenger ("Contracting Carrier") delegates to another Carrier ("Operating Carrier") the responsibility of performing all or part of the air carriage. This also refers to the commercial agreement whereby any other party that has contracted with the Passenger (for example a tour operator) entrusts the Carrier with performing all or part of the air carriage.
Checked Baggage means Baggage that the Carrier has accepted to take custody of and for which a Baggage Identification Tag has been issued.
Check-in Deadline or CID means the time limit, as indicated for each flight, before which Passengers must have completed the Check-in formalities, including Baggage formalities, and be in possession of their boarding card or pass.
The Check-in Deadline does not correspond to the time at which the Passenger must arrive at the airport.
Code Share Flight or Code Share means a flight operated by an Air Carrier that may be either the Carrier with which the Passenger has concluded a Contract of Carriage ("Marketing Carrier” or “Contracting Carrier"), or another Carrier (Carrier providing the flight or "Operating Carrier") with which the Contracting Carrier has associated its Designator Code.
Community Air Carrier means an Air Carrier that holds a valid operating license issued by a Member State of the European Union, in accordance with the applicable European regulations.
Conjunction Ticket means a Ticket issued to the Passenger in conjunction with another Ticket, and which together constitute the same Contract of Carriage.
"Contingency Plan for lengthy tarmac delays" means the contingency plan adopted by the Carrier in the event of a significant delay of the aircraft on the tarmac at an airport located within the United States, as described by the US Department of Transport (DOT).
Contract of Carriage means the declarations and stipulations appearing on the Ticket or the Itinerary and Receipt (Travel Memo), identified as such and which are incorporated into these General Conditions of Sale and Carriage, along with the notices given to the Passengers.
Convention means, as the case may be:
(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw, on October 12th, 1929.
(b) the Hague Protocol of September 28th, 1955, which amended the Warsaw Convention.
(c) the Guadalajara Supplementary Convention of September 18th, 1961.
(d) the Montreal Protocols n° 1, 2 and 4 (1975), which amended the Warsaw Convention.
(e) the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28th, 1999.
Coupon means an electronic Coupon, which bears the name of the Passenger who is to take the flight identified on the Coupon.
Damage includes the harm that occurs in the event of death or bodily injury suffered by a Passenger as a result of a delay, total or partial loss, or any other harm resulting from air carriage, or which is in direct connection with the air carriage.
Days means the calendar days, provided that for the purpose of a notification, the dispatch day is not included and that for purposes of determining the validity of a Ticket, the date that the Ticket is issued or the flight departure date are not counted.
Direct Flight means a flight with a single flight number and without aircraft changes, which can have intermediate stops or technical stopovers requiring that the Passengers exit the aircraft.
Electronic Ticket means the Ticket stored in the Carrier’s reservation system. The Travel Memo (also called the "Itinerary and Receipt"), issued by the Carrier or issued on its behalf, certifies the existence of this Electronic Ticket.
Exceptional Circumstances means an unusual or unforeseen circumstance that the Passenger cannot control and / or the consequences for which could not have been avoided.
Fares means the fare for a journey reserved by the Passenger, in a reservation class for given routes, flights and where applicable dates.
Flight Coupon means the portion of the Electronic Ticket which indicates the specific points between which the Passenger is to be transported.
Rail Flight/Maritime Flight/Road Flight means "combined carriage" whereby the air carriage and other forms of carriage are sold together and may be performed under different liability regimes.
Force Majeure means all circumstances beyond the Carrier’s control, which could not be avoided, despite the taking of all lawful measures, and as a result of which the Passenger can no longer legitimately expect the Carrier to execute the contract. These circumstances include but are not limited to situations of political instability (war, insurgency, airport closures, embargoes, sequestration, hostilities, international disturbances, government directives), climatic conditions that do not allow the proper conduct of the flight in question (floods, tremors), earthquakes, hurricanes, heavy fog, severe thunderstorms, snow or ice on the runway for take-off or landing), risks to passenger safety (terrorist attacks, bomb threats, hijackings, requisition of aircrafts or seats during the flight by an official warrant, fire or explosion, sabotage), unexpected flight safety issues (such as mechanical breakdowns, missing or non-functioning airport equipment due to, for example, failures in the navigation systems, de-icing, congestion at X-ray security scanners, the failure of flight information systems) re-routing or avoided area due to illness or a birth on board and / or Recalcitrant Passenger(s), epidemics, strikes which have consequences on the organization of the Carrier, a decision of the air traffic control of a particular aircraft on a given day, resulting in a long delay or the cancellation of one or more flights of that airplane.
Free Baggage Allowance means the maximum amount of Baggage (in number and/or weight and/or in size) determined by the Carrier with which each Passenger may travel.
It may differ from one company to another, from one section of travel to another and from one travel class to another. The Free Baggage Allowance for Checked Baggage is mentioned in the Travel Memo.
Gross Fare means the Net Fare plus Taxes.
IATA or International Air Transport Association means the International Air Transport Association, created in April 1945 in Montreal, the purpose of which is to encourage the development of safe, regular and economical air carriage and to promote air services and to study the problems related thereto.
Infant means any child who has not turned two years old as of the date of commencement of travel.
Internal Flight or Domestic Flight means any flight for which the departure and arrival city are located within the same Country, within territorial continuity.
International Air Transport Association (IATA) International Agreements (IIA and MIA) means the inter-carrier air carrier liability agreements signed on October 31st, 1995 in Kuala Lumpur (IIA) and on April 3rd, 1996 in Montreal (MIA), which are applicable for carriers that have been members of the International Air Transport Association (IATA) since April 1st, 1997, and which are included in the legal framework of the international sources of law on carrier liability referred to under points (a) to (d) of the term "Convention" defined below.
International Flight means, as defined by the Convention, any flight for which the departure point and arrival point and, if applicable, the stopover point, are located on the territory of at least two countries that are parties to the Convention, regardless of stopovers or equipment changes, or within a single country if a stopover is scheduled in another country, regardless of whether said other country is or is not party to the Convention.
Itinerary and Receipt (see Travel Memo)
MAAS means an assistance service for people who may have difficulty navigating the airport (people with reduced mobility, elderly people, people with disabilities) as well as children aged 12 to 18.
Marketing Carrier or Contracting Carrier means the Carrier who enters into a Contract of Carriage with a Passenger or a representative of the Passenger.
Net Fare means the Fare charged to the Passenger, excluding Taxes and Issue Fees.
No Show means a Passenger who does not present himself or herself for Check-in or does so after the Check-in Deadline.
Operating Carrier means the Carrier operating the flight. It can therefore by the Contracting Carrier or any other Carrier acting on its behalf (code sharing, chartering…)
Passenger(s) means any person, except members of the crew, transported or to be transported in an aircraft and who is in possession of a valid Ticket, from the performance of the Contract of Carriage until its completion.
Passenger Coupon or Passenger Receipt means the portion of the Ticket, issued by or on behalf of the Carrier, which is identified as such and must be retained by the Passenger.
Passenger with Reduced Mobility means any person whose mobility is reduced when using a means of transport, due to a physical disability (sensory or locomotive, permanent or temporary), a mental disability, age or any other disability, and whose situation requires special attention and the adaptation of the services made available to all Passengers to meet the person’s needs.
Penalties means a fixed sum paid by a Passenger in order to modify a Ticket or to be refunded for a Ticket in the event that said Ticket is modifiable and refundable.
Pets means an accompanying pet (dog or cat), travelling in the cabin or in the hold, with a Passenger who is either the owner or an individual who assumes responsibility of the pet, on behalf of the owner, during the journey.
Reservation means any request for carriage made by a Passenger and recorded by the Air Carrier or its Authorized Agent.
Schedules or Schedule Indicators means the list of departure and arrival times for the aircrafts, as shown in the schedule guides published by the Carrier or under the authority of the Carrier, or as made known to the public by electronic means.
Special Declaration of Interest means the declaration made by the Passenger, at the time of checking Baggage, which specifies a value greater than the value fixed as a limit of liability by the Convention, in consideration of the payment of a surcharge.
Special Drawing Right (SDR) means a special unit of currency of the International Monetary Fund (IMF), the value of which is determined periodically by the IMF.
Stopovers or Agreed Stopping Places means the intermediate points during a journey, with the exception of the departure point and the destination, which are indicated on the Ticket or mentioned on the Schedules as Stopovers planned on the Passenger’s itinerary.
Taxes means the fees, Taxes and charges imposed by governments, an airport operator or any other authority as defined in Article IV below.
Ticket means a valid document which establishes the right to carriage for the Passenger, in the form of an intangible document of carriage, including electronic forms, which is issued or authorized by an Authorized Agent. The Ticket evidences the Contract of Carriage and, therefore, includes Flight Coupons, Passenger Coupons, notices to Passengers and refers to these General Conditions of Sale and Carriage.
Travel Memo or Itinerary and Receipt means one or more documents that the Carrier issues to the Passenger, when issuing the Electronic Ticket. The Travel Memo includes information on the Passenger’s identity and the flight.
UM (Unaccompanied minor) means an unaccompanied child aged 4 to 17 years old (included), who is traveling alone.
Unchecked Baggage or Cabin Baggage means all Baggage, other than the Checked Baggage. Unchecked Baggage remains in the custody of the Passenger.
WCHR (Wheelchair Ramp) means a Passenger using a wheelchair, who is able to walk on their own.
WCHS (Wheelchair Steps) means a Passenger using a wheelchair, who is able to walk on their own, but has difficulty with stairs.
WCHC (Wheelchair Cabin Seat) means a Passenger using a wheelchair, who is unable to move on their own.
ARTICLE II – SCOPE OF APPLICATION
1. General Provisions
(a) Subject to the provisions of paragraphs 2 to 4 below, these General Conditions of Sale and Carriage apply to all flights, or portions of flights, for which FRENCH BEE’s Designator Code appears in the “Carrier” box of the Ticket or corresponding Coupon.
(b) These General Conditions of Sale and Carriage also apply to free or reduced-Fare carriage, unless otherwise provided for in the Contract of Carriage or in any other contractual document which binds FRENCH BEE to the Passenger.
(c) These General Conditions of Sale and Carriage are established under European law, the Montreal Convention of May 28th, 1999 and any other international convention that may apply.
(d) Carriage which is subject to special Fares may also be subject to special conditions and/or Fare conditions, which prevail over these Conditions of Sale and Carriage in the event of a contradiction.
(e) All carriage is subject to the General Conditions of Sale and Carriage which are in force on the departure day, as indicated on the Electronic Ticket.
The Carrier may modify these General Conditions of Sale and Carriage as it sees fit; it is the responsibility of the Passenger to consult them regularly and before departure.
If carriage is performed pursuant to a Charter Agreement, these General Conditions of Sale and Carriage shall apply only to the extent that they are annexed, incorporated or mentioned by reference or otherwise in the Charter Agreement or on the Ticket.
3. Code sharing
(a) Some of the Carrier’s flights or services may be subject to a “Code Sharing” agreement with other Carriers. In such cases, another Carrier, other than the one designated on the Ticket, may operate the air carriage.
(b) In this case, the Passenger will be informed of the identity of the Carrier at the time of the Reservation by the Authorized Agent, or at the latest at Check-in.
(c) In any event, the applicable General Conditions of Sale shall be those of the company selling the Ticket and the applicable General Conditions of Carriage shall be those of the Operating Carrier.
(d) The Contingency Plan for lengthy tarmac delays applicable within the United States is that of the Carrier actually operating the flight (Operating Carrier).
4. Predominance of the Law
These General Conditions of Sale and Carriage are applicable to the extent that they are not contrary to the law in force or the Fares filed, in which case, said law or Fares shall prevail. Any invalidation of one or more of the provisions of these General Conditions of Sale and Carriage shall have no effect on the validity of the other provisions, unless the Contract of Carriage could not continue to apply without the provision that has been declared null and void, and that it is decisive and essential for the existence of the aforementioned Contract.
5. Primacy of the French version
These conditions may be translated into several languages. In the event of contradiction between this version of this text and the French version of this text, the French version will prevail, unless otherwise provided by the applicable local legislation.
ARTICLE III - TICKETS
1. General Provisions
(a) The Ticket certifies, unless proven to the contrary, the existence of a Contract of Carriage, both in its conclusion and its content, between the Carrier and the Passenger whose name appears on the Ticket.
(b) The Carriage service is only provided to the Passenger(s) named on the Ticket. The Carrier reserves the right to verify the identity of its Passengers, at any time during the journey, by checking their identity documents.
(c) Passengers must provide proof of their identity and will only be transported on a flight if a valid Electronic Ticket has been issued in their name.
(d) In the event of an error made by the Passenger with regards to the first or last name of the Passenger or any accompanying person at the time of the Reservation, spelling modifications may be made by the Carrier subject to certain conditions and the application of Administration Fees.
(e) A Ticket is not transferable, subject to the applicable regulations in force, in particular for package holidays.
(f) Certain Tickets, sold at specific Fares, are partially or totally non-modifiable and/or non-refundable. When making the Reservation, it is the responsibility of the Passengers to consult the conditions applicable to the use of their Ticket and, where necessary, to obtain the appropriate insurance to cover the circumstances where they may need to modify or cancel their journey.
(g) If a Passenger benefits from a discounted Fare or a Fare with special conditions, the Passenger must be able, at any time during the journey, to provide the appropriate supporting documentation to prove the validity thereof. Failing this, a Fare readjustment, corresponding to the difference between the Gross Fare initially paid and the Gross Fare that the Passenger should have paid, will be made, or the Passenger may be denied boarding.
(h) The Ticket is and remains the Carrier’s property at all times. It is the Passenger’s responsibility to take all measures to ensure that the Ticket is not lost or stolen.
2. Validity Period
(a) Except as otherwise provided for on the Ticket or in these General Conditions of Sale and Carriage, and except for Fares that affect the validity period of a Ticket, as indicated on the Ticket itself, a Ticket is valid for:
- one year, from the date the Ticket was originally issued on, or
- one year, from the date of use of the first Coupon, if such event occurs within one year of the date on which the Ticket is issued.
(b) When a Passenger in possession of a valid Ticket is prevented from traveling during the validity period of the Ticket because, when the Passenger requests a Reservation on a flight, the Carrier is not able to confirm the Reservation requested by the Passenger:
- either the validity of the Ticket will be extended,
- or the Gross Fare for the Ticket will be refunded, under the conditions provided for in Article XII below, even in the event that the Ticket is non-refundable,
- or the Passenger will accept a corresponding Fare readjustment.
3. Flight Coupon Order of Use
(a) The Gross Fare established on the date that the Ticket is issued is only valid for a Ticket used in full and in the sequential order of the Flight Coupons, for the specified journey and on the dates specified.
(b) The Fare established based on the details, the flight dates and routes listed on the Ticket corresponds to a departure point and an arrival point, via any Stopover scheduled upon purchase of the Ticket and is an integral part of the Contract of Carriage.
(c) Each Flight Coupon of the Ticket will be valid for carriage in the flight class specified on said Coupon, on the date and for the flight corresponding to the Reservation which has been made.
(d) Unless special conditions apply to certain Fares, if the Passenger wishes to change all or part of his or her Trip, the Carrier will calculate the new Fare corresponding to this change. The Passenger will then have the opportunity to accept the new price or to maintain the initial carriage as specified on the Ticket.
(e) If the Passenger does not fully use the Flight Coupons and he or she interrupts his or her trip prematurely, the Passenger may be required to pay a fixed sum, in order to collect his or her Checked Baggage.
The amount of the fixed sum will be specified by the Carrier, on request from the Passenger or at the latest when the Passenger requests to collect his or her Checked Baggage.
(f) Any modifications (flight time, departure or arrival point, dates, flight class...) that the Passenger wishes to make are subject to the Fare conditions assigned to his or her Ticket and the payment of the applicable Administration Fees.
4. Modifications made at the Passenger’s request
(a) If the Passenger wishes to change all or part of his or her journey (flight time, departure or arrival point, dates, flight class...), he or she must first contact the Carrier or the Authorized Agent having sold the Ticket.
(b) Any change of all or part of a trip (flight time, departure or arrival point, dates, flight class, etc...) by the Passenger may result in a change to the Fare initially paid by the Passenger. Many Fares are valid only for the dates and flights indicated on the Ticket.
In the event of a change, Administration Fees and penalties may, where applicable, be applied.
The Passenger may be required to pay a Fare supplement equivalent to the difference between the initial Gross Fare paid and the Gross Fare that the Passenger would have paid at the time that the Ticket corresponding to the actual journey taken by the Passenger would have been issued.
If the new Gross Fare chosen by the Passenger is less than the Gross Fare initially paid by the Passenger, the price difference will not be reimbursed to the Passenger.
5. Exceptional Circumstances
(a) In the event of the death of a Passenger during a journey, the Tickets of the persons accompanying the deceased Passenger may be modified, either by waiving any minimum stay requirements or by extending the validity period of the Tickets. Any modification mentioned above may only be made after receiving a valid death certificate. The extension mentioned above shall only begin at the point at which the journey was interrupted and shall be valid for carriage in the flight class of the Gross Fare paid. Any extension may not exceed forty-five (45) days starting from the date of death.
(b) The Carrier may, at its sole discretion, decide to issue a credit note, a refund or change the Passenger's reservation in the event of Exceptional Circumstances, provided that the request and a copy of any supporting documentation is sent by mail to the Carrier’s attention.
The response to any request for a credit note, refund or modification is given at the Carrier’s sole discretion.
The Carrier therefore strongly recommends that Passengers take out adequate travel insurance to cover such circumstances.
6. Identification of the Carrier
The Carrier's identification may be abbreviated on the Ticket, either by means of its Designator Code (as defined in Article I or in any other form.
The Carrier’s address is considered to be that of its head office or principal place of business.
ARTICLE IV – FARES, FEES, TAXES AND CHARGES
Fares for Tickets apply solely to carriage from the airport at the departure point to the airport at the arrival point. Unless otherwise provided for, Fares include neither ground transportation between airports or between airports and city terminals, nor accommodation in the event of a connecting flight the next day. The Fare will be calculated in accordance with the Fares in force on the purchase date of the Ticket, for a journey scheduled for the dates and itinerary indicated on the Ticket. Any change to the itinerary or journey date may affect the applicable Fare.
If there are several possible itineraries available for the same Fare, the Passenger may specify the preferred route, before the Ticket is issued. Otherwise, the Carrier reserves the right to choose the route.
The applicable Fares are those calculated by the Carrier in accordance with the Fare regulations in force for the flight(s) indicated on the Ticket from the departure point to the arrival point, for a given flight class, on the purchase date of the Ticket.
When the Ticket is issued, the Passenger shall be informed of the Gross Fare for the Ticket and the Issuing Fees as well as the overall Fare of the Ticket (including the Gross Fare and the Issue Fees).
Unless otherwise stipulated in the Contract of Carriage or in any other contractual document, the Fares apply exclusively to the journey provided for in said Contract or said document.
2. Fees, Taxes and Charges
All fees, Taxes or charges imposed by a government, by any other authority or by the airport operator shall be charged to the Passenger. When making a Reservation, the amount of fees, Taxes and charges are provided for informational purposes. It is only upon payment and the issuing of the Ticket that the Passenger will be notified of the final amount of fees, Taxes and charges, which will be added to the Fares and, which in the majority of cases, will be shown separately on the Ticket.
These fees, Taxes and charges may be created or increased by a government, by another authority or by an airport operator after the Ticket Reservation date. In such case, the Passenger must pay the corresponding amount. Conversely, if any fees, Taxes and charges are reduced or cancelled, the Passenger may be refunded for the amount that was reduced or cancelled.
In the event that the Passenger does not travel on a flight for which he or she has a confirmed Reservation, the Passenger will receive a refund of the individualized Taxes, airport charges and other aforementioned costs, for which the payment is connected to the actual boarding of the Passenger in accordance with the applicable regulations.
Fuel surcharges will only be refunded for refundable Tickets following a request sent to the following address:
3. FRENCH BEE Administration Fees
Administration Fees may be charged to the Passenger by FRENCH BEE and are applied to all Reservations made directly through FRENCH BEE via its website and / or Reservation center and / or its ticket counters.
The Administration Fees differ depending on the type of journey, the Fare, the ticket distribution channel and the type of transaction requested. These Fees are added to the Gross Fare.
The Administration Fees charged, if any, by FRENCH BEE, are non-refundable, except in the event that the Ticket is cancelled due to an error by the Carrier.
Passenger are informed, before the finalization of their purchase, of the amount of these fees which are invoiced to them by FRENCH BEE.
The amount of Administration Fees charged by FRENCH BEE is available from the Carrier or can be consulted on FRENCH BEE’s website.
4. Additional fees for optional services
Any additional charges for optional services with regards to a flight (and not included in the selected Fare) will be charged in addition to the Fare applicable to the Carriage.
5. Payment Currency
The Net Fares, Taxes, Fees and charges are payable in the currency of the country where the Ticket was purchased, unless another currency is specified by the Carrier or its Authorized Agent, at the time that the Ticket is purchased or beforehand (for example, due to the inability to convert the local currency). In addition, the Carrier may, at its discretion, accept payments in another currency.
ARTICLE V – RESERVATIONS
1. Reservation Requirements
Reservations are not confirmed until they are accepted and registered in the Authorized Agent’s computerized reservation system. The Authorized Agent may provide, upon request from the Passenger, a confirmation of the Reservation.
2. Deadline for issuing the Ticket
If Passengers have not made full payment for their Ticket before the scheduled issuing deadline, as indicated by the Authorized Agent, the Reservation will be cancelled and the seat assigned to another Passenger, without any liability on the part of the Carrier and/or the Authorized Agent.
3. Seat Allocation
(a) General provisions
Seat reservations can be made online and upon Reservation of the Ticket. Depending on the Fare conditions that apply to a Reservation, seat reservations may be considered an optional service and in such case, a fee will apply.
The current conditions and Fares are available on the Carrier’s website as well as from the Authorized Agents. These conditions and Fares may be modified at any time by the Carrier without prior notification.
In any event, the Carrier will endeavor to satisfy seat allocation requests, but cannot guarantee the allocation of a given seat. The Carrier reserves the right to change the seat allocation at any time, including after boarding, due to operational, security or safety requirements, or in case of a Force Majeure.
(b) Passengers requiring extra seating
It is recommended that Passengers with a waist that is larger than the size of the seats reserve a second seat. The measurements of the seats are available on the company website or from Authorized Agents.
This option will allow Passengers to purchase a second seat at the Child Fare (excluding airport Taxes) in the flight class determined by the Carrier.
The allocation of a second seat in the event that a Passenger requires extra seating is neither an automatic option offered to the Passenger, nor an obligation for the Carrier. The option of having two side-by-side seats may be limited by the availability of seats and the configuration of the aircraft.
The purchase of a second seat at a reduced Fare does not allow the Passenger requiring extra seating to benefit from additional baggage allowance, from an additional meal or any other additional service related to the second seat.
The Passenger may use this option only on flights operated by the Carrier. This option is not available on Code Share Flights. If the Tickets have been marketed by a different Air Carrier, it is highly recommended that the Passenger inquires about the Operating Carrier’s or the tour operator’s commercial policy, as only they can determine if the second seat will be provided free of charge or not.
The Passenger also has the option of reserving a seat in a higher flight class. The measurements of the seats are available on the FRENCH BEE website.
In any event, the Passenger's safety obligations may cause them to be denied boarding if a second seat is unavailable and if the size of the Passenger does not allow him or her to sit in a single seat. In this case, the Passenger will then be offered to be rebooked, free of charge, on the next flight with available seats. Nevertheless, the Carrier will not cover the various costs related to the flight change (meals, taxi, etc.) and will not allow the Passenger to make any request for compensation.
4. Type of aircraft
The type of aircraft indicated to the Passenger at the time of Ticket Reservation or after this time is given for informational purposes only. Requirements related to security or safety, reasons out of the Carrier’s control, or operational constraints may require that the Carrier changes the type of aircraft, without this incurring any liability.
5. Optional Services
The Passenger may pay an additional fee in order to receive Optional Services depending on the availability of the class booked and the Fare applicable to the Reservation. These Optional Services are non-modifiable and non-refundable.
The other terms and conditions relating to these Optional Services are stipulated on the Company's website.
The Passenger’s subscription of Optional Services will automatically and without reserve mean the acceptance of the conditions applicable to the said service, which are available on the Carrier's website.
The Carrier's reserves the right to change its Optional Services due to safety, security and operational requirements or in the case of a Force Majeure event, without being held liable.
ARTICLE VI – PERSONAL DATA
1. Passengers shall provide the Authorized Agent with their personal data for the purpose of making a Reservation, obtaining ancillary and complementary services, facilitating immigration formalities and entering a Country’s territory. In this case, the Passenger authorizes the Carrier to keep the collected data and to provide it to its own agencies, to its Authorized Agents, to Carriers, to providers of complementary services and/or to the Government Authorities of any Country, subject to the applicable law.
2. The data provided by the Passenger is primarily used for the purposes of (i) Reservations, the purchase of Tickets, or monitoring of the Contract of carriage, (ii) providing specific services in connection with the carriage service, (iii) canvassing customers, loyalty building, management and commercial information, (iv) performing statistical studies, (v) monitoring the pages visited on the website www.frenchbee.com and of the navigation diagram on the aforementioned website, and (vi) targeting marketing campaigns. It may also be used to facilitate the completion of administrative formalities relating to immigration and entry into a territory, preventing non-payment and avoiding fraud, as well as guaranteeing the security and safety of flights.
3. The Passenger shall be informed that any incident occurring during the performance of the Contract of Carriage, which is likely to impact the security or safety of a flight may be the subject of a computer record.
The Passenger shall be informed and accepts that the provision of certain specific ancillary services (special meals, medical assistance) may lead the Carrier to record information, which is likely to fall under the scope of Article 8 of the amended French “Data Protection” law. This information is used exclusively for the purposes of the specific ancillary services requested by the Passenger.
4. The data collected may be provided to the authorized personnel of the Carrier, its partners (Authorized Agents, Carriers as defined in Article I above, etc…) or the providers of complementary services, in order to accomplish all or part of the purposes outlined above.
5. In accordance with the laws and regulations applicable in France and internationally, the Carrier is also occasionally obliged to make personal data available to authorized French or foreign public authorities (customs, immigration, etc.), in particular for the purpose of preventing and combating terrorism or other serious crimes.
It is stipulated that some of the recipients mentioned above may be based outside the European Union and have access to all or part of the personal data collected by the Carrier (surname, first name, passport number, travel details, etc.), for the purpose of successfully completing the Passenger's Contract of Carriage or due to a specific legal authorization. Data transfers conducted outside the European Union shall be made in accordance with the conditions defined in Articles 68 et seq. of the French “Data Protection” law.
6. Pursuant to the French “Data Protection” law, Passengers have the right to access, correct, delete or object to data relating to them. These rights can be exercised by sending a letter to the following address: FRENCH BEE - Correspondant Informatique et Libertés - 5 allée du Commandant Mouchotte – Aéroport d’Orly – Bâtiment 519 – 91550 PARAY- VIEILLE-POSTE, FRANCE.
7. Subject to the regulations in force, the Carrier reserves the right to use the Passenger's data in the conditions and for the purposes defined in this article.
8. Unless the Passenger objects either at the time at which the data is gathered or in writing to the aforementioned address, the Carrier reserves the right to use the Passenger's data or to pass it on to its partners in order to be able to send the Passenger appropriate commercial offers.
9. When required by law (commercial canvassing by electronic means), Passengers’ data will only be used for canvassing purposes, in particular commercial ones, by the Carrier or its partners if Passengers have agreed to such use when they provide their personal data. Passengers may object, at a later date, to the use of data relating to them for such purposes, by sending a letter to the aforementioned address.
10. It is stipulated that the collection of certain personal data is essential for Reservation and to establish the Contract of Carriage. Passengers may exercise their right to object to the gathering and processing of such data, but they are informed that this may result in the cancellation of their journey or the inability to access certain specific ancillary services which have been requested (special meals, etc.). It is also specified that, in accordance with the laws and regulations applicable in France and internationally, a failure to communicate certain data or the inaccuracy of certain data may result in a decision to deny boarding or entry into a foreign territory, without the Carrier’s liability being incurred.
The Carrier cannot be held liable for the non-transmission to the Passenger of information relating to his or her flight (in particular irregularities with the flight) if the necessary personal data has not been communicated to it by the Authorized Agents.
The Passenger concerned has the right to access and rectify his or her personal data thus collected, stored and transferred, insofar as it is proven to be inaccurate or incomplete.
ARTICLE VII – PAYMENT
1. Payment Methods
The payment methods accepted by FRENCH BEE are those listed on the Company’s website, and in particular debit/credit card.
In the event that payments are made using a debit/credit card issued by a foreign bank, this bank may apply additional conversion charges.
Unless prohibited by local law, FRENCH BEE may restrict acceptable forms of payment for its Tickets, products or services, to debit/credit cards.
2. Remote payment (by internet and telephone) with a debit/credit card
The Carrier reserves the right to carry out at any time checks and verifications on banking transactions carried out remotely.
The requested documents must be sent as soon as possible to the Carrier's fraud prevention service at the following address: firstname.lastname@example.org or presented at a FRENCHBEE point of sale or at the Check-in desk on the day of departure.
The Passenger’s Ticket will be suspended by the Carrier until the requested documents have been obtained.
The Carrier reserves the right to cancel the Reservation and Passenger’s tickets and/or not to deliver the boarding pass to the Passenger in the following cases:
- the non-communication of the requested documents;
- the receipt of improper documents or documents showing a risk of fraudulent use of the debit/credit card;
- the lack of response from the buyer or an inability to reach the buyer within 48 hours of the Reservation.
3. Contestation of the payment after the issuing of the Ticket
In the event that part or all of the amounts due to FRENCH BEE are rejected, not paid or disputed, and this, after the Ticket has been issued, said Ticket will be automatically canceled and the Passenger will be refused Carriage. FRENCH BEE reserves the right to take legal action against the Passenger who has fraudulently acquired his or her Ticket
ARTICLE VIII – CHECK-IN/BOARDING
1. Check-in Deadlines (CID)
(a) Online Check-in
The majority of destinations offer online Check-in. In this case, the Passenger will be able to Check-in online and print his or her boarding pass after having reserved his or her flights, and this, up to two hours before the scheduled departure time of the flight, allowing the Passenger to go directly to the security checkpoint on arrival at the airport. Passengers must arrive at the boarding gate at least 30 minutes before the scheduled departure time of the flight. In the event that the Passenger is delayed or if the Passenger is not in possession of all the required documents and is not ready to travel, the Carrier reserves the right to refuse transport to the Passenger and accepts no liability for any loss or expense if the Passenger has not complied with the terms of this article. The Carrier reserves the right to suspend online Check-in at any time. If this option is removed, the Passenger will be required to Check-in at the airport in accordance with Article VIII.1 (a) of these general conditions of sale and carriage.
Check-in is possible on the Carrier's website only for flights operated by the Carrier. For Code Share Flights, online Check-in can be done on the Operating Carrier's website.
The online Check-in service enables the Passenger to carry one piece of hand baggage. If the Passenger wishes to carry Checked Baggage, the Passenger must deposit it at the baggage Check-in counter before the Check-in Deadline and before passing the security checks.
In any event, the Passenger must be aware of the regulations in place with regards to Cabin Baggage and Checked Baggage, which are available on the Company's website and in these general conditions of sale and carriage, and this, without incurring any liability for the Carrier.
(b) Check-in at the airport
The Check-in Deadlines (CID) vary from one Carrier to another. Passengers must imperatively comply with the Check-in Deadlines in order to facilitate their journey and avoid their Reservations being cancelled. The Carrier or its Authorized Agent shall provide Passengers with all the relevant information concerning the Check-in Deadline. If the Passengers’ journey includes subsequent flights, for which FRENCH BEE is not the Operating Carrier, it is the Passengers’ responsibility to check that they are in possession of all the information relating to Check-in Deadlines for these flights.
Passengers must arrive at the Carrier’s Check-in counter sufficiently early before the Check-in deadline indicated by the Carrier or the Authorized Agent in order to complete all the necessary formalities for their journey.
If a Passenger has not completed his or her formalities before the Check-in Deadline or fails to present all the travel documents required and therefore will be unable to travel, the Carrier may cancel the place reserved in the Ticket and dispose of it, without incurring any liability towards the Passenger.
2. Check-in conditions
(a) At the airport
Upon Check-in, the Passenger is required to provide certain information regarding his or her flight and identity.
(b) When Checking-in online
At the security checkpoint, the Passenger must present his or her boarding pass, which he or she has printed prior to arriving at the security check, certain information relating to his or her identity as well as all documents which are necessary for his or her trip and which are required by his or her departure country, destination and any flyover.
3. No Show Passengers
If the Passenger does not present himself or herself for the flight Check-in, the conditions of Article III.3 apply.
The Passenger must be present at the boarding gate no later than at the time indicated at Check-in or on the boarding pass. The Carrier may cancel the Passenger's Reservation if the Passenger has not presented himself or herself at the boarding gate at the indicated time or in the cases provided for in Article IX, without incurring any liability towards the Passenger.
5. Carrier Liability
The Carrier is not liable in any way, in particular for any loss, damage or expenses, if a Passenger has not complied with the terms of this article.
ARTICLE IX – REFUSAL AND LIMITATION OF CARRIAGE
1. Right to refuse carriage and to prohibit future carriage
The Carrier may, at any boarding and/or connection point, refuse to transport a Passenger and his or her Baggage, if one or more of the following cases has occurred or is likely to occur:
(a) The Passenger has not complied with the applicable regulations.
(b) The carriage of the Passenger and/or of his or her Baggage may endanger the security, health, hygiene, comfort or good order of the Passenger, of the other Passengers or of the crew, in particular if the Passenger tries to intimidate, behaves abusively and/or insultingly or uses abusive and/or insulting language towards other Passengers and/or the ground personnel and/or the crew.
(c) The Passenger’s physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present a hazard or risk to himself or herself, to other Passengers, to the crew or to any property.
(d) The Passenger has compromised security, hygiene, public order and/or discipline during the course of the flight, during Check-in, during boarding or disembarkation of the flight, or for connecting flights, during the course of a previous flight and the Carrier has cause to believe that such conduct may be repeated.
(e) The Carrier has notified the Passenger in writing that it cannot provide carriage to the Passenger again. In such case, the cost of the Ticket may be refunded.
(f) The Passenger has refused to submit to security checks and/or has refused to provide proof of his or her identity.
(g) The Passenger is unable to prove that he or she is the person referred to in the "Passenger name" box on the Ticket.
(h) The Passenger (or the person who purchased the Ticket) has not paid the Gross Fare in force and/or the applicable Issuing Fees and/or Taxes.
(i) The Passenger does not appear to be in possession of valid travel documents, has attempted to illegally enter onto a territory during transit, has destroyed their travel documents during the flight, has refused to let the Carrier make and keep copies of his or her documents, the Passenger’s travel documents have expired, are incomplete in light of the regulations in force, or fraudulent (identity theft, forgery or counterfeiting of documents).
(j) The Ticket presented by the Passenger:
- has been acquired fraudulently or purchased from an organization other than that of the Carrier or an Authorized Agent;
- or / has been reported as a stolen or lost document;
- or / has been forged or counterfeited;
- or / has a Flight Coupon that has been damaged or modified by someone other than the Carrier or its Authorized Agent.
(k) The Passenger asks, during the Check-in or boarding, a special assistance which was not been requested at the Reservation of the journey.
(l) The Passenger has not complied with the instructions and regulations relating to security or safety.
(m) The Passenger has refused to submit to the checks and medical examinations required by the Company, by an administrative authority or any other authority habilitated for this purpose.
(n) The Passenger has failed to respect the Check-in Deadline and/or the Boarding Deadline.
(o) The Passenger has failed to comply with the Carrier’s Cabin Baggage policy.
(p) The Passenger refuses to pay any Fare readjustment or surcharge for baggage which is due to the Carrier.
(q) The Passenger has not complied with the provisions of Article XIII and the behavior of the Passenger has been noted before boarding or before take-off.
For the cases outlined in (i), (j) and (m) above, the Carrier reserves the right to not refund the Ticket in question.
2. Special Assistance
(a) General provisions
The carriage of unaccompanied minors (UM and MAAS), Passengers with Reduced Mobility, Pregnant women and persons with illnesses or any other person requiring special assistance may be subject to the Carrier’s special conditions and prior agreement.
This request must be made to the Carrier at the time of the Reservation or at the latest 72 hours before the flight’s departure. The Carrier will do everything in its power to fulfill the request. If these deadlines are not respected, the Carrier will in no way be liable for not being able to fulfill the Passenger’s request. In this case, the Carrier is entitled to refuse the boarding of the Passenger in accordance with the provisions of Article IX.
All relevant information is available on the Carrier’s website.
(b) Passengers with Reduced Mobility
The carriage of Passengers with Reduced Mobility is subject to the prior agreement of the Carrier. The latter may refuse the Passenger with Reduced Mobility in the cases provided for in the applicable laws and regulations.
Passengers with reduced mobility who are in possession of their own wheelchair will be able to transport it free of charge as Checked Baggage.
The Passenger must inform the Carrier of his or her situation at the Reservation or at the latest seventy-two (72) hours before departure and provide information on the type of wheelchair and battery used, due to operational restrictions (limited number of wheelchairs per flight).
For motorized wheelchairs, only those with dry cell batteries can be transported on board the Carrier’s aircrafts, as well as hydraulic battery powered wheelchairs under certain conditions, which are available from the Carrier and its Authorized Agents.
The Carrier may require the presence of a travel companion to ensure the safety of Passengers with Reduced Mobility. The travel companion’s role is to assist the Passenger with Reduced Mobility during an emergency situation and especially during an emergency evacuation. The presence of a travel companion is obligatory in the following situations:
- Passengers with severe intellectual disabilities which prevent them from understanding and applying safety rules.
- Passengers who are both blind and deaf, which prevent them from communicating with flight crews.
- Passengers with motor disabilities which prevent them from physically participating in their own evacuation. Paraplegic Passengers, paralyzed Passengers or Passengers without upper limbs can travel unaccompanied.
The travel companion must be over the age of 18 and fully autonomous. The travel companion must only accompany one (1) Passenger with Reduced Mobility.
(c) Pregnant Women
Pregnant women may travel without any restrictions or additional formalities up to the 6th month of the pregnancy.
Between the 6th and 8th month of the pregnancy, pregnant women must, at Check-in, provide a medical certificate stating that air carriage is not subject to any contra-indication. The aforementioned medical certificate must have been issued in the seven (7) days prior to the journey. Failure to do so means that the pregnant woman will be automatically denied boarding by the Carrier.
From the 8th month of the pregnancy, pregnant women will, without exception, not be admitted on board.
In case there is a doubt with regards to the duration of the pregnancy, the Carrier may request the opinion of the doctor present at the airport.
An Infant must necessarily be accompanied by a fully autonomous Passenger over the age of 18. An adult may accompany a maximum of two Infants, provided that one Infant travels on the adult’s lap and the other Infant occupies a separate seat, in a child seat or other appropriate device. The second seat must be purchased by the accompanying adult. Otherwise, an adult cannot accompany more than one (1) Infant.
Subject to the availability of the appropriate seat belt, the Infant must travel on the lap of the accompanying adult. A cot may be made available to the Passenger by the Carrier, at the express request of the Passenger at the Reservation. In any event, the number of cots aboard an aircraft being limited, the Carrier will endeavor to satisfy the Passenger’s requests, but cannot guarantee the allocation of a cot.
In order to be allowed to travel on a plane, an Infant must have a valid ID.
An Infant will only be allowed to travel on a Carrier's plane if he or she has reached the age of one (1) week.
In order to travel with an Infant, it is necessary to make a prior request to the Carrier, as the number of Infants accepted on board is limited for security reasons.
Specific locations on the aircraft are designated for Infants. The Carrier reserves the right to move any Passenger accompanying an Infant in order to respect these locations.
(e) Unaccompanied Minor (UM)
An Unaccompanied Minor must imperatively be in possession of his or her identity documents, a Ticket and the specific documents required for the journey. The UM is then assisted by the Carrier's staff, who will take the UM and accompany him or her during the boarding, during the flight and when leaving the plane. This service is subject to payment and must be reserved.
The number of Unaccompanied Minors eligible for any individual flight is limited for security reasons. Therefore, the Carrier reserves the right to refuse a Reservation made for a UM.
The travel conditions for UMs and unaccompanied minors are specified on the Carrier's website.
(f) Passengers with an illness
If the Passenger has a medical history or a specific medical condition, it is recommended that the Passenger consults a doctor before boarding a flight, particularly a long-haul flight, and takes all necessary precautions in order to ensure the successful completion of his or her flight. In particular, it is recommended that the Carrier be informed of the Passenger’s state of health, if it is likely to deteriorate during the journey, in order to obtain an opinion from the Carrier’s doctor.
The Passenger must comply with the recommendations given by the World Health Organization (WHO), the ICAO and IATA.
ARTICLE X – BAGGAGE
1. The Passenger's Obligations
(a) Passengers must declare that they have full knowledge of the contents of all of their Baggage.
(b) Passengers undertake not to leave their Baggage unattended from the time when they pack it and not to accept items from another Passenger or any other person.
(c) Passengers undertake not to travel with Baggage entrusted to them by a third party.
(d) Passengers are advised not to include perishable or fragile items in their Baggage. If, however, Passengers include such items or objects in their Baggage, they must ensure that they are properly and securely packed and protected in suitable containers, in order not to damage these items and objects as well as Baggage belonging to other Passengers or the Carrier's aircraft.
2. Prohibited Items
Passengers must not include in their Baggage:
(a) Items that may constitute a hazard to the aircraft, the persons or the property on board, 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 the Carrier’s regulations, as applicable (additional information is available upon request from the Carrier); these items include, in particular, explosives, pressurized gas, oxidizing, radioactive or magnetized substances, flammable substances, toxic or corrosive substances and liquid substances of any kind (except for liquids contained in Cabin Baggage and which are intended for personal use by Passengers during their journey).
(b) Items for which carriage is prohibited or restricted by the applicable law and regulations in force in any departure, arrival, flyover or scheduled transit country;
(c) Articles that the Carrier has reason to believe are unsuitable for carriage (taking into account, among other things, the type of aircraft in use) due to their weight, size, unpleasant odor, configuration or fragile or perishable nature. Information on these objects can be provided upon request to the Passenger;
(d) Firearms and ammunition other than those intended for hunting or sporting purposes which, in order to be accepted as Checked Baggage, must be unloaded and suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as stated in paragraph (a) above.
(e) Cutting weapons, stabbing weapons and aerosols that may be used as an attack or defense weapon;
(f) Antique weapons, swords, knives and other weapons of this type. This type of item may not be transported in the cabin. They may nevertheless be included in Checked Baggage, subject to acceptance by the Carrier.
(g) Live animals, with the exception of pets, subject to compliance with the conditions specified in paragraph 7 below.
It is also recalled that for all intents and purposes, the Carrier is entitled to exonerate itself of the responsibility incumbent upon it when the damage results from the nature or the inherent defect of a piece of baggage, or from a fault of the Passenger.
3. Right to Refuse Carriage
(a) At any boarding or intermediate point, the Carrier may, for security and/or safety reasons, refuse to carry as Baggage the items listed in paragraph 2 above, or refuse to continue carrying them, if they are discovered during the course of the journey. The Carrier has no obligation to take custody of refused Baggage and/or items.
(b) The Carrier may refuse to carry as Baggage any item that is incompatible with air carriage because of its dimensions, shape, weight, contents, configuration or nature, unpleasant odor in particular for security, safety or hygiene reasons, or to preserve the comfort of Passengers. Information on the type of Baggage are available on request.
(c) The Carrier may refuse to carry Baggage that it considers to be improperly packed or placed in unsuitable containers. Information on the packaging and the containers which are not adapted are available on request.
(d) The Carrier may refuse to carry Baggage for which the Passenger has refused to pay the surcharge as defined in Article X 5.3. “Excess Baggage” or baggage that does not comply with the Carrier’s Baggage policy (due to its weight or number). The Carrier has no obligation to take custody of refused Baggage and/or items.
(e) The Carrier will not accept the carriage of animals that do not have the documents required by the applicable regulations, as defined in particular in paragraph 7 below.
(f) The Carrier may refuse to carry Checked Baggage that has not been handed over by the Passenger to the Carrier prior to the Check-in Deadline under the conditions defined in paragraph 5.1 (a). The Carrier has no obligation to take custody of refused Baggage and/or items.
4. Right of Inspection
For security and/or safety purposes and/or on the request of the authorities, the Passenger may be asked to undergo a search or a scan of his or her Baggage (using X-rays or another technique). If a Passenger is not available, his or her Baggage may be scanned or searched in his or her absence, in order to check, in particular, whether it contains the items referred to in paragraph 2 above. If a Passenger refuses to comply with such requests, the Carrier may deny them and their Baggage carriage. If these checks damage the Baggage and its contents or cause Damages, the Carrier will not be held responsible. In any event, the Carrier has no obligation to take custody of refused Baggage and/or items.
5. Checked Baggage
5.1. General Provisions
(a) The Passenger will be required to present any Baggage at the Carrier's Check-in desk for the purpose of checking in prior to the Check-in Deadline.
(b) Checked Baggage must be properly packaged in order to protect its contents and in such a manner that it can withstand normal handling.
(c) As soon as Passengers have handed over their Baggage at Check-in, under the aforementioned conditions, the Carrier shall take custody thereof and issue Passengers with a Baggage Claim Ticket, for each item of Checked Baggage.
(d) Passengers must affix their name or other identifying information to their Baggage.
(e) Checked Baggage will, to the extent possible, be carried in the same aircraft as the Passenger unless, for operational or security/safety reasons, the Carrier decides that it will be carried on another flight. In this case, the Carrier will make the Baggage available to the Passenger at the airport, or if necessary, deliver the Baggage to the Passenger’s place of residence, unless the applicable regulations require that the Passenger be present for a customs inspection.
(f) Passengers are strongly advised not to include in their Baggage any currency, jewelry, works of art, precious metals, silverware, securities or other valuables, optical or photographic equipment, computers, electronic and/or telecommunication equipment or devices, musical instruments, passports and identity documents, keys, business documents, manuscripts or deeds, whether individualized or fungible, etc. In this respect, it is specified that in the event of the destruction, loss or damage of Checked Baggage, the Carrier will only be liable to the extent defined by the Convention and Article XVII of the General Conditions of Carriage.
(g) Subject to the applicable regulations, Passengers are advised not to carry any medication in their Checked Baggage.
5.2. Free Baggage Allowance
(a) Certain Tickets entitle the Passenger, without having to pay any extra charge, to benefit from Free Baggage Allowance, which corresponds to the carriage of a quantity of Baggage per Passenger which is limited in number and/or weight and/or dimensions, and determined on the basis of the Fare paid, the class of transport and the destination. It appears on the Ticket and must be taken into account by the Passenger.
Depending on the planned route, the quantity of Baggage can be determined by the Carrier either according to the weight (“concept by weight”) or according to the weight, size and number criteria of the Baggage (“piece concept”). Information is available from the Carrier, its Authorized Agents or on the FRENCH BEE website.
(b) The Baggage may not exceed a maximum weight. Information concerning this maximum weight is available from the Carrier, its Authorized Agents or on the FRENCH BEE website.
(c) Passengers may travel with Checked Baggage that exceeds the Free Baggage Allowance, subject to payment of a surcharge at the latest prior to Check-in and up to a limit of 32kg per piece of Baggage. The conditions relating to this surcharge are available from the Carrier, its Authorized Agents and on the FRENCH BEE Website.
(d) In any event, the maximum number of checked baggage for each passenger is three pieces weighing a total of 64 kg.
5.3. Special Declaration of Interest of Declaration of Value
(a) For all Checked Baggage for which the value exceeds the liability limits defined by the Convention, Passengers may either personally insure all their Baggage prior to the journey or, when handing over the Baggage to the Carrier, make a Special Declaration of Interest which is limited to a certain amount. In this case, a surcharge must be paid by the Passenger. In the event of destruction, loss, damage or delay, compensation will be paid in accordance with the provisions of Article XVII.
(b) The Carrier reserves the right to verify the adequacy of the value declared in light of the value of the Baggage and its contents.
(c) All Special Declarations of Interest must be made by the Passenger to the Carrier prior to the Check-in Deadline. In addition, the Carrier has the option of capping the level of the declarations that are liable to be made at a maximum amount. The Carrier also has the right to provide proof, in the event of damage, that the amount declared was higher than the Passenger’s genuine interest at the time of delivery.
5.4. Collection and Delivery of Baggage
(a) Subject to the provisions of paragraph 5.1, it is the responsibility of Passengers to collect their Baggage as soon as it is made available to them at the arrival points or at the Stopovers. If a Passenger does not collect Baggage within one (1) month of it being made available to them, the Carrier may dispose of said Baggage, without being liable to the Passenger in any way. In light of the legal provisions in force in certain countries, undelivered Baggage may be handed over to the competent national authorities or destroyed.
(b) Only the bearer of the Baggage Claim Ticket is authorized to collect Checked Baggage.
(c) If a person claiming Baggage is unable to produce the Baggage Claim Ticket, the Carrier shall only hand over the Baggage to them on the condition that they establish their rights thereto in a satisfactory manner. In this case, the responsibility of the Carrier cannot be sought.
(d) Acceptance of the Baggage by the bearer of the Baggage Claim Ticket without any complaint on their part at the time of delivery constitutes a presumption, unless proven to the contrary, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage.
(e) In case of damage, the Passenger must address a claim to the Carrier immediately after the discovery of the damage, and at the latest, within seven (7) days from the receipt of Checked Baggage. In the event of a delay with regards to the delivery of the Baggage, the claim must be made no later than twenty-one (21) days from the day that the Baggage was made available.
Any claim, completed with the supporting documents that have been requested by the Carrier, must be made within the time provided for it:
• By Internet: on the site https://www.frenchbee.com/en/contact-us
• By mail: Customer Care FRENCHBEE - BP 29054 - 30 971 NIMES CEDEX 9;
6. Unchecked Baggage or Cabin Baggage
(a) All Tickets allow for carriage in the cabin of a certain amount of Unchecked Baggage, which is limited by number and/or weight and/or dimensions. Should this information not have been specified to the Passenger, a single Unchecked Baggage item will be accepted and Unchecked Baggage must be able to be placed beneath the seat in front of the Passenger or in a locker provided for this purpose.
(b) Certain pieces of Baggage that Passengers wish to take in the cabin may, for security and/or safety, operational or aircraft configuration reasons, at any time prior to the flight departure, be denied cabin access and must be carried as Checked Baggage.
(c) Should the Carrier be required to check Baggage as Checked Baggage, as a result of a failure on the part of the Passenger to comply with the above conditions, the Passenger may, where applicable, be required to pay a surcharge, as specified in paragraph 5.2 (c).
(d) In the event that the Passenger refuses to pay such additional charge, the Carrier reserves the right to refuse Boarding for the Passenger and his or her Baggage.
(e) Passengers are solely responsible for their personal effects and Unchecked Baggage that they take into the cabin.
7.1. General Provisions
(a) The carriage of Pets (only dogs and cats) travelling with Passengers is subject to the Carrier's prior and explicit acceptance.
Pets are not authorized to be transported on flights to Tahiti.
(b) The number of Pets that can be carried is limited per flight and per Passenger.
(c) The carriage of certain categories of Pets is prohibited. Information relating to these categories is available, on request, from the Carrier, its Authorized Agents and on the FRENCH BEE Website.
(d) Passengers must be able to provide valid documents relating to their Pets, required by the authorities in the departure, arrival or transit country, including in particular passports, health and vaccination certificates and entry or transit permits.
(e) Depending on the destination, the carriage of Pets may be subject to conditions, in particular age, weight and health checks, which the Passenger may check with the Carrier.
(f) The Pet and its cage are not included in the Free Baggage Allowance; the Passenger must pay a surcharge, the conditions of which are available from the Carrier.
(g) Guide dogs and their cages accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the Free Baggage Allowance, in accordance with the Carrier's regulations, which are available on request.
(h) In the event of fraud or the absence or invalidity of the required documents or if the container intended for carrying the Pet does not comply with the provisions of Article 7.3, the Carrier shall not assume any liability for the injury, loss, delay, illness or death of animals carried, as a result of these failures, unless this is caused by the fault or negligence of the Carrier. Passengers travelling with animals who fail to comply with the applicable regulations must reimburse the fines, losses, compensation and all costs incurred due to such a situation.
(i) Passengers can obtain all the relevant information regarding the carriage of Pets and, in particular, the surcharge specified in Article 7.1 (f) above from the Carrier and its Authorized Agents and on the FRENCH BEE Website.
7.2 Pets Travelling in the Cabin
(a) Only Pets and their soft-sided bags not exceeding the dimensions and weight fixed by the Carrier may be accepted in the cabin.
Guide dogs will be accepted in the cabin, subject to the applicable regulations.
(b) Pets must be placed in a carrier designed for this purpose, which is closed and fully contains the animal and in which the animal is able to stand up, turn around and breathe easily and freely. The Passenger can obtain all the necessary information from the Carrier, its Authorized Agents and the FRENCHBEE website.
(c) Passengers undertake not to remove animals, even partially, from their carriers for the entire duration of the flight.
7.3 Pets Travelling in the Hold
Pets must be placed in a rigid plastic or fibre glass carry cage approved by the IATA (International Air Transport Association).
ARTICLE XI – SCHEDULES, DELAYS, FLIGHT CANCELLATIONS
(a) The flights, Schedules and also the flight times indicated in the Schedule Indicators have no contractual value and are only intended to inform Passengers of flights offered by the Carrier. These Schedule Indicators and also the departure, transit and arrival terminals are not definitive and are liable to be changed after the publication date.
(b) Flight Schedules will be indicated prior to acceptance of the Passenger's Reservation and indicated on the Ticket. However, Schedules of flights that are programmed can be modified after the Ticket is issued. In such case, the Passenger will be notified if the Carrier has contact information to contact him or her. The Passenger is however invited to check with the Carrier, before the scheduled departure date, that the flight times which appear on his or her Ticket or Travel Memo have not been modified.
(c) If, after the purchase of the Ticket, the Carrier makes a significant schedule change, which is not suitable for the Passenger, and if the Carrier cannot offer him or her an alternative reservation that satisfies the Passenger, the Passenger will be entitled to a reimbursement of the Ticket, as provided in the article below.
2. Cancellation, Re-routing, Delays
(a) The Carrier will endeavor to take all necessary measures to transport the Passenger and his or her Baggage without delay. In this context, and in order to avoid a cancellation of the journey, the Carrier may offer the Passenger the possibility to be transported in another aircraft or the possibility to travel on another Carrier’s flight and/or by any other means of transport.
(b) In the event of a flight cancellation or delay, and if the Passenger has a single Contract of Carriage (as defined by the Convention), the Carrier will implement all the provisions of the relevant applicable regulations.
3. Overbooking and downgrading
(a) If, due to a scheduled overbooking, the Carrier is unable to assign a seat to the Passenger, even though the Passenger has a confirmed Reservation, a valid Ticket and has arrived at Check-in and Boarding before the deadlines and in accordance with the conditions required, the Carrier will grant the compensation provided for by the applicable regulations, where applicable.
(b) If a Passenger is placed in a class lower than the one for which the Ticket was purchased, the Carrier will reimburse the difference in Fares, pursuant to the conditions provided for in the applicable regulations
ARTICLE XII – REFUNDS
1. General provisions
In accordance with the Fare regulations, the Carrier may refund all or part of the price of an unused Ticket as well as the Optional Services purchased, pursuant to the applicable Fare conditions and under the following conditions:
(a) Except as otherwise provided for in this Article, the Carrier shall be entitled to refund only the purchaser of the Ticket. The refund will be paid to the debit/credit card account that was used to pay for the original reservation.
(b) In the event that the Ticket was purchased via a travel agency, the request for reimbursement to the Carrier must be made by the Travel Agency.
2. Right to refuse a refund
The Carrier reserves the right to refuse the refund of:
(a) Any Ticket, if the request is made after the expiry of the Ticket’s validity date.
(b) A Ticket presented to the Carrier, or to the authorities of a country, which satisfies the legal or regulatory obligation to possess a ticket entitling the Passenger to leave the country, unless the Passenger provides, sufficient evidence to establish that he or she is authorized to reside in the said country or that he or she will leave with another carrier or by any other means of transport.
(c) A Ticket for which the holder has not been admitted by the destination or transit authorities of the intended route, and if the Passenger has therefore been returned to his or her boarding point.
(d) A Ticket which has been stolen, counterfeited, forged or fraudulently paid for.
(e) A Ticket, in a currency which is different from the currency used for the payment.
(f) A Ticket marked "non-refundable".
(g) An unused Ticket after the Passenger has been refused carriage by the Carrier in the cases provided for in Article IX of these General Conditions.
3. Currency of the refund
(a) Subject to the law in force, the Carrier reserves the right to make the refund in the same form and in the same currency as those used when the Ticket was purchased.
(b) If the Carrier agrees to make a refund in a currency other than the payment currency, such refund shall be made at the exchange rate and under the conditions determined by the Carrier.
4. Persons entitled to be refunded
Refunds are only made by the Carrier having issued the original Ticket or by an Authorized Agent, if it has been authorized to do so.
5. Reimbursement of the taxes and fees
In accordance with the applicable laws and regulations, the taxes and fees for which the payment is connected to the actual boarding of the Passenger are reimbursed by the Carrier or the Accredited Agent, if the Ticket is no longer valid and has not given rise to carriage.
Any reimbursement request for these taxes and fees must be sent to the Carrier:
- By internet : on the website https://www.frenchbee.com/en/contact-us;
- By post : French Bee, 5 Allée du Commandant Mouchotte, Aéroport Orly, Bâtiment 519, 91550 PARAY-VIEILLE-POSTE, FRANCE.
ARTICLE XIII – BEHAVIOR ON BOARD
- Onboard the aircraft, Passengers must not behave in a way that is liable to hinder, inconvenience, threaten or endanger any person or persons, property or the aircraft itself. In this respect, Passengers must not prevent the crew from performing their duties and must comply with the crew’s guidance, instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of the Passengers.
- For security reasons, the Carrier may be required to prohibit or limit the use onboard the aircraft of electrical or electronic devices, such as cell phones, laptop computers, portable recorders, portable radios, electronic games or transmitting devices, as well as any radio-controlled games and walkie-talkies, except for hearing aids and pacemakers.
- Onboard the aircraft, smoking is strictly prohibited in any manner, including electronic cigarettes.
- The Carrier may have to limit or prohibit the consumption of alcohol on board an aircraft.
- The recording of videos and/or taking photographs, other than personal videos and photographs, is prohibited onboard the aircraft.
- If a Passenger fails to comply with the provisions of this article, the Carrier may be required to take all the measures that it deems appropriate and reasonable, to prevent the continuation of such behavior. In this case, the Carrier may resort to restraining measures and/or the disembarkation of the Passenger at any time during the flight, including in a country other than those specified on the Contract of Carriage, and/or it may prohibit the Passenger from flying on its lines or the lines operated under a commercial agreement with another carrier, for the duration that the Carrier deems to be necessary.
- If a Passenger does not comply with the provisions of this article (and the Article relating to the refusal and limitation of carriage) or commits a criminal or reprehensible act on board an aircraft, the Carrier reserves the right to take legal action against the Passenger and this, in order to obtain the reparation of all the harm suffered by the Carrier, including the consequent or indirect damages
ARTICLE XIV – PROVISIONS FOR ADDITIONAL SERVICES
- If the Carrier, pursuant to a Contract of Carriage and subject to the applicable law, agrees to make arrangements, through third parties, for the provision of additional services other than air carriage or if the Carrier issues a Ticket or a voucher for transportation or services (other than air carriage), such as, for example, hotel bookings or car rentals, the Carrier, in this case, is only an agent and will not be liable to the Passenger, except if it is proven that the Carrier has committed a fault. The conditions of carriage or sale which govern the activities of the third parties shall apply.
- Where the Carrier provides ground (bus, train, etc.) or maritime transport services, different liability regimes may apply to these types of transport. The conditions of carriage and the liability systems are available upon request from the Carrier or the carrier providing the ground or maritime transport. The Air Carrier is not liable for Damages to Passengers and to Baggage during land, sea or rail transport.
- If the Carrier offers the Passenger rail transport services, the Carrier acts only as an agent even if such transport is identified under the Carrier's Designation Code. The Carrier is not liable for Damages to Passengers and Baggage during transportation by rail. The Carrier is not responsible for delays or cancellations of trains which prevent the Passenger from catching a connecting flight with FRENCH BEE.
- The car rental services offered by the Carrier in the name and on behalf of its partners are governed by the conditions of the car rental companies concerned, which must be accepted during the reservation.
ARTICLE XV – SUCCESSIVE CARRIERS
- Air carriage performed by several successive Carriers, under a single Ticket or a Conjunction Ticket, is deemed to constitute, for the application of the Convention, a single carriage operation, when it has been envisaged by the parties as being a single operation.
- When the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall only be liable for the portion of the Carriage performed using its own resources.
- In the event of the destruction, loss, damage or delay of their Baggage, Passengers or their beneficiaries may file a claim against the carrier that performed the carriage during which the accident or the delay occurred.
- The Carrier is not responsible for delays or cancellations of trains which prevent the connection with a flight operated by the Carrier. Similarly, the Carrier cannot be held responsible for any disturbance on the air route, which prevents the Passenger from taking a subsequent land or sea connection
ARTICLE XVI – ADMINISTRATIVE FORMALITIES
1. General Provisions
(a) Passengers are required, under their own responsibility, to obtain all the specific documents, visas and permits required for their journey and for complying with all legal provisions (laws, regulations, decisions, requirements) of the departure, arrival and transit countries, and the requirements of the countries immigration and border control authorities, as well as the Carrier’s instructions.
(b) The Carrier will not be liable for the consequences suffered by Passengers in the event of a failure to comply with the obligations referred to in the above paragraph.
2. Travel Documents
(a) Passengers are required to present all entry, exit and transit documents, as well as health and other documents required by the regulations in force (laws, regulations, decisions, requirements and provisions) in the departure, arrival and transit countries.
Passengers are also required to allow the Carrier to make copies of said documents, if necessary, or to make a note of the information contained therein.
(b) The Carrier reserves the right, in accordance with Article IX, to refuse carriage if a Passenger fails to comply with the applicable laws and regulations in force or if the Carrier has doubts as to the validity of the documents presented.
(c) The Carrier will not be liable for the consequences (in particular losses or expenses) suffered by Passengers who fail to comply with the applicable regulations.
3. Refusal of Entry
If a Passenger is refused entry to a territory, the Passenger must pay all the resulting charges or fines imposed on the Carrier by the local authorities, as well as the Gross Fare for carriage if the Carrier, due to a government order, is required to return the Passenger to his or her departure location or elsewhere. The price of the Ticket purchased for carriage to the destination, for which entry to the territory was refused, shall not be refunded by the Carrier.
4. Passenger Liability for Fines, Detention Costs, etc.
If the Carrier has to pay or deposit a fine or penalty or incurs expenses of any kind due to the non-compliance, whether voluntary or involuntary, by a Passenger with the law and regulatory provisions in force in the countries in question, or due to a failure to present the required documents, or the presentation of invalid documents, the Passenger must, at the Carrier’s request, reimburse the amounts paid or deposited and the expenses incurred. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier.
5. Customs Inspections
(a) Passengers may be called on to be present at the inspection of their Baggage (delayed, Checked or Unchecked) at the request of customs officers or any other government authority. The Carrier will not be liable for Damages or losses suffered by Passengers who neglect to observe this provision.
(b) Passengers must compensate the Carrier if an act, omission or negligence on their part causes Damage to the Carrier due, in particular, to their failure to comply with the provisions of this article*.
* This provision has been added in order to take into account any penalties that the Carrier must pay to the customs inspection, when the Baggage in question contains objects which are prohibited from being transported or if the Passenger is not present.
6. Security Checks
(a) Passengers are required to undergo the security (and safety) checks required by governmental or airport authorities, as well as those requested by the Carrier.
(b) The Carrier cannot be held liable for refusing to carry a Passenger, in particular if such refusal is based on the firm conviction that said refusal is warranted by the applicable law, regulations and/or requirements.
ARTICLE XVII – LIABILITY FOR DAMAGES
1. General Provisions
The Carrier’s liability shall be determined by the General Conditions of Sale and Carriage of the Carrier issuing the Ticket, except as otherwise provided for and brought to the Passenger’s attention. If the Carrier’s liability is incurred, it will be incurred under the following conditions:
(a) Carriage performed under the present General Conditions of Sale and Carriage is subject to the liability rules laid down by the Montreal Convention of May 28th, 1999, and Regulation (EC) No 889 of the European Parliament and of the Council of May 13th, 2002 amending Council Regulation (EC) No 2027/97 of October 9th, 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air.
(b) The Carrier is liable for Damages incurred in the event of death or personal injury suffered by a Passenger, when the accident that caused the Damages occurred on board the aircraft or during the boarding or disembarkation, within the meaning of Article 17 of the Convention and subject to the exemptions from liability in paragraph 2 below.
(c) To the extent that the following does not conflict with other provisions in these Conditions, and whether or not the Convention is applicable:
- The Carrier’s liability is limited to Damages occurring during air carriage for which its Designator Code appears on the Coupon or the Ticket that corresponds to the flight. If the Carrier issues a Ticket for a carriage service performed by another Carrier or if the Carrier checks in Baggage on behalf of another Carrier, the Carrier shall only act as an agent for said other Carrier. Baggage is under the full responsibility of the Passenger until it is checked in at the Carrier’s counters.
- The Carrier’s liability shall not exceed the amount of proven direct Damage and the Carrier shall not be liable, in any way, for consequential Damage or any form of non-compensatory Damage.
- The Carrier may in no way be held liable for Damages that result from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or a failure to comply with said same provisions by the Passenger.
- The Carrier may not be held liable for Damages to Unchecked Baggage, unless such Damages are caused directly by a failure or action on the part of the Carrier, which must be proven by the Passenger invoking such Damage.
- The Carrier is not liable for any illness, injury or disability, including the death of a Passenger, caused by the Passenger’s physical condition, nor for any deterioration in said same condition.
- The Contract of Carriage, including these General Conditions of Sale and Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier’s Authorized Agents, its officials and agents, who have performed their functions, its representatives and the owner of the aircraft used by the Carrier, as well as the said owner´s staff, employees and representatives. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability.
- If negligence or another wrongful action or omission on the part of the person who is claiming compensation, or the person whose rights they hold, caused the Damage or contributed thereto, the Carrier shall be wholly or partially exempt from its liability with regard to said person, including in the event of death or bodily injury, in accordance with the law in force.
(d) Except as expressly provided for, none of these provisions imply any waiver of the exclusion or limitation of the liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, officials, agents or representatives, in accordance with the Convention and applicable law.
2. Liability for Bodily Injury
(a) The Carrier shall not be liable for the Damage if it provides proof that:
- The death or bodily injuries suffered were a result of the physical or mental health of the Passenger prior to the Passenger boarding the flight.
- The Damage was caused, in whole or in part, by the negligence, a wrongful act or omission on the part of the person claiming compensation, or the person whose rights he or she holds, in accordance with Article 20 of the Montreal Convention of May 28th, 1999.
- The Damage is not due to the negligence, or another wrongful act or omission on the part of the Carrier, its officials or agents, insofar as the amount of Damage exceeds 128 821 SDR per Passenger, pursuant to Article 21 § 2 (a) of the Montreal Convention of May 28th, 1999.
- The Damage results solely from the negligence, or another wrongful act or omission on the part of a third party, insofar as the amount of Damage exceeds 128 821 SDR per Passenger, pursuant to Article 21 § 2 (b) of the Montreal Convention.
(b) Amount of Repairable Damage
- The extent of the Carrier’s liability in the event of death or bodily injury of a Passenger, as defined in paragraph (a) above is not subject to any limitation. The amount of the compensable Damage shall cover the redress of the Damage, as determined by amicable agreement, by expert appraisal or by the competent courts.
- Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
(c) The Carrier reserves all rights of recourse and subrogation against all third parties.
(d) In the event of death or bodily injury resulting from an air accident, pursuant to Article 17 of the Montreal Convention of May 28th, 1999 and pursuant to Article 5 of Regulation (EC) No 889 of the European Parliament and of the Council of May 13th, 2002 amending Council Regulation (EC) No 2027 of October 19th, 1997, the person identified as the Beneficiary may benefit from an advance to enable him or her to meet their immediate needs, in proportion to the material damage sustained. This advance shall not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to the law in force, this advance shall be paid within 15 days of the identification of the Beneficiary and shall be deductible from the definitive amount of compensation owed to the deceased Passenger.
Pursuant to Article 5 of Regulation (EC) No 889 of May 13th, 2002 and Article 28 of the Montreal Convention of May 28th, 1999, the payment of said advances or early payments does not constitute recognition of liability and such amounts may be deducted from amounts paid subsequently by the Community Air Carrier as compensation, depending on the liability of the Community Air Carrier.
This advance is not refundable except where proof is provided that negligence or another wrongful act or omission on the part of the person claiming compensation, or of the person whose rights they hold, caused the Damage or contributed thereto, or where the person to whom the advance was paid was not entitled to compensation.
2.1 Liability in the event of delays:
(a) Characteristics of compensable Damage:
- Only proven direct Damage resulting directly from a delay is compensable. This excludes all consequential Damage or any other form of Damage other than compensatory Damage.
- The Passenger must prove the existence of Damage resulting directly from the delay of the Carrier and in the event of successive transports as defined in Article XV, only during the part of the air transport.
(b) Extent of the Carrier’s liability:
- The Carrier shall not be liable for Damages resulting from a delay if it proves that it, its officials or agents have taken all the measures that could reasonably be required to prevent the Damage or that it was impossible for it to take such measures.
- The Carrier is not liable for Damages resulting from a delay, if the delay is attributable to the Passenger or if the Passenger contributed thereto, i.e. if the Damage results in whole or in part from negligence, or a wrongful act or omission on the part of the person who is claiming compensation or of the person whose rights they hold.
(c) Extent of Compensation:
- In the event of Damages suffered by Passengers resulting from a delay, as defined by the Montreal Convention of May 28th, 1999, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 5 346 SDR per Passenger. The amount of compensation shall be determined in light of the Damage proven by the Passenger.
- In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 1 288 SDR per Passenger. A lump-sum compensation (intended to cover the costs of immediate requirements) may be granted to Passengers.
2.2 Liability for Baggage:
(a) General provisions
The Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the incident that caused the Damage occurred on board the aircraft or during any period for which the Carrier had custody of the Checked Baggage.
(b) Exclusions of the Carrier’s liability:
- The Carrier shall not be liable for Damage suffered by a Passenger’s Baggage where said Damage results from the nature of or an inherent defect in said Baggage. If the property contained in the Passenger’s Baggage is a cause of damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.
- The Carrier shall not assume any specific liability, other than that provided for in sub-paragraph (c) below, for any Damage and/or loss caused to fragile or valuable items or items that are not adequately packed, as specified in Article X above, unless the Passenger has made a Special Declaration of Interest as provided for in Article X 5.3 above and the Passenger has paid the corresponding surcharge.
- The Carrier shall not be liable for Damage caused in whole or in part to Baggage, due to negligence, or a wrongful act or omission on the part of the person who is claiming compensation, or the person whose rights they hold.
(c) Amount of Compensable Damage:
- For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, the Carrier’s liability in the event of Damage shall be limited to 1 288 SDR per Passenger. If a higher value was declared, pursuant to Article X 5.3, the Carrier’s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger’s genuine interest at the time of delivery.
- For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of proven fault on the part of the Carrier, its officials or agents. In this case, said liability shall be limited to 1 288 SDR per Passenger.
ARTICLE XVIII – TIME LIMITS FOR LIABILITY CLAIMS AND ACTIONS
I) General principles
1. Notification of Claims for Baggage
(a) The receipt of Checked Baggage by the Passengers without any complaint from the Passenger within the scheduled timeframes shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in a good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently may not be taken into account.
In the same way, any item found to be missing from the Baggage must imperatively be reported to the Carrier within seven (7) days from the date on which the Baggage was made available and the Passenger must provide all the necessary documentation requested by the Carrier. Any late declarations may not be taken into consideration.
(b) In the event of damage, delay, loss or destruction of Baggage, the Passenger in question must file a written complaint with the Carrier as soon as possible and at the latest within a period of seven (7) days (in case of damage or destruction) and twenty-one (21) days (in the event of delay) from the date on which the Baggage was made available to the Passenger and the Passenger must provide all the necessary documentation requested by the Carrier in order to process his or her claim.
If a claim is not made within the stipulated time limits, all actions against the Carrier shall be inadmissible, except in the event of fraud on behalf of the Carrier.
2. Liability Actions for Passengers
All liability actions must be filed, under penalty of loss of rights, within two years from the arrival at the destination, or from the date on which the aircraft was scheduled to arrive or from the end of the carriage.
The method of calculating the time limit shall be determined by the law of the Court before which proceedings are brought.
1. Any claims or actions described in paragraphs 1 and 2 above must be made in writing, within the time limits indicated and to the following address:
- By Internet: on the site https://www.frenchbee.com/en/contact-us
- Customer Care FRENCH BEE - BP 29054 - 30 971 NIMES CEDEX 9, FRANCE
2. After having contacted FRENCH BEE's customer service and upon failing to receive a satisfactory answer within 60 days, the customer can contact the Ombudsman for Tourism and Travel, whose contact details and referral details are available on his website: www.mtv.travel
All information about online dispute resolution can be found on this website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
3. An action brought by one of the parties in breach of this clause shall be inadmissible
Article XIX - MODIFICATIONS AND DELETIONS
No agent, employee or representative of the Carrier is authorized to change, modify or delete any of the provisions of these Conditions of Carriage.
The Carrier reserves the right to modify or more generally, to update these terms and conditions at any time and without prior notice.
ARTICLE XX – APPLICABLE LAW
These General Conditions of Sale and Carriage are governed by French law, subject to any Convention or rules governing conflict of jurisdictions.