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Home > Misc > General Conditions of Carriage

General Conditions of Carriage

 

Important notice: click here for important practical information that are part of our applicable General Conditions of Carriage

1. Definitions

As you read these conditions, please note that: 

"WE", "OUR" "OURSELVES" and "US means Brussels Airlines NV, having its registered office at 100-102, Avenue des Saisons, Postbox 30, 1050 Brussels, Belgium. 

"YOU", "YOUR" and "YOURSELF" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (See also definition for "Passenger"). 

"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route. 

"AIR CARRIAGE CONTRACTOR" means the carrier, which concludes a contract of carriage with a passenger or, where the contract comprises a package, the tour operator. Any ticket seller shall also be deemed air carriage contractor. 

"AIRLINE DESIGNATOR CODE" means the two-characters or three letters, which identify particular air carriers. 

"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services. 

"BAGGAGE" means your personal property accompanying you in connection with your trip.  Unless otherwise specified, it consists of both your Checked and Unchecked Baggage 

"BAGGAGE CHECK" means the portion of the Ticket, which relates to the carriage of your Checked Baggage. 

"BAGGAGE IDENTIFICATION TAG"  means a document issued solely for identification of Checked Baggage. 

"CARRIER" means an air carrier (other than us), whose airline designator code appears on your Ticket or on a Conjunction Ticket. 

"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check. 

"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass. 

"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices. 

"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket, which together constitute a single contract of carriage. 

"CONVENTION" means whichever of the following instruments are applicable: 
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention); 
The Warsaw Convention as amended at The Hague on 28 September 1955; 
The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); 
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); 
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); 
Guadalajara supplementary Convention (1961) (Guadalajara); 
The Montreal Convention (1999); 
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air liability in the event of accidents. 
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. 

"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of that entitle the named passenger to travel on the particular flight identified on it. 

"DAMAGE" includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us. 

"DAYS" mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted. 

"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database. 

"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document. 

"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried. 

"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised. 

"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the passenger name, flight information and notices. 

"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket.  (See also definition for "you", "your" and "yourself"). 

"PASSENGER COUPON"  or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you. 

"REGULATIONS" mean rules, other than these Conditions published by us and in effect on date of commencement of carriage, governing carriage of passengers and/or baggage. 

"SDR"means a special drawing right as defined by the International Monetary Fund ( http://www.imf.org/external/np/fin/rates/rms_five.cfm  ). 

"STOPOVER" means a stop on your journey of 24 hours and more, at a scheduled stopping place between the place of departure and the place of destination. 

"TARIFF" means the fares of the flight, taxes, fees and surcharges due and filed, where required, with the appropriate authorities. 

"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and which includes the Conditions of Contract, notices and Coupons. 

"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage. 

 

2. Applicability    

 

2.1. GENERAL 

Our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment. 


2.2. CHARTER OPERATIONS 

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket. £

2.3. CODE SHARES 

On some services we have arrangements with other carriers known as "Code Shares".  This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft.  If such arrangements apply we will advise you of the carrier operating the aircraft as specified in article 18. For flights to or from the U.S.A, the Tarmac Delay Contingency Plan of the carrier operating the aircraft applies.

2.4. OVERRIDING LAW 

These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail. 
If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid. 

2.5. CONDITIONS PREVAIL OVER REGULATIONS 

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other Regulations dealing with particular subjects, these Conditions of Carriage shall prevail. 

 

3. Tickets   

 

3.1. GENERAL PROVISIONS 


3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.  

3.1.2. The Ticket which provides for air travel for our services constitutes prima facie evidence of the contract of carriage between us (carrier) and you (passenger) as named in the ticket and incorporates by reference all of these Conditions as a contractual matter. 

3.1.3. A ticket is not transferable.  Only you can use it for the flight. 

3.1.4. Some Tickets are sold at discounted fares, which may be partially or completely non-refundable.  You should choose the fare best suited to your needs.  You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket. 

3.1.5. If you have a Ticket, as described in 3.1.4 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of an administration fee of € 35 (click here for more information).  

3.1.6. The Ticket is and remains at all times the property of the issuing carrier and may be subject to a seizure by the carrier (cfr. Article 10.5.3. and 13.2.). 
  
3.1.7. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon.  In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by our Authorised Agent or us.  In the case of an Electronic Ticket, you shall not be entitled to be carried on flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name. 

3.1.8. (a) In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, we will replace such Ticket or part of it, upon your request and upon the strict condition that the ticket was originally issued by us, by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and that you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another Carrier for misuse of the Ticket.  We will not claim reimbursement from you for any such losses, which result from our own negligence.  The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent. 
(b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full price of the new issued Ticket. The lost/stolen ticket will be subject to a refund minus the applicable administration fee-, if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity.  If upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at the time.  

3.1.9. A Ticket is valuable and you should take appropriate measures to safeguard it and insure it is not lost or stolen. 


3.2. PERIOD OF VALIDITY 

3.2.1. Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for (a) one year from the date of issue; or (b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket, whichever is longer.  

3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.  

3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid.  A medical certificate must attest to such illness.  When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate.  In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.  

3.2.4. In the event of death of a Passenger during his journey or in the event of death in the immediate family of a Passenger who has commenced his travel, we will reimburse the ticket upon receipt of a valid death certificate. In the last scenario and upon demand of the Passenger, we may accept to carry the latter on another date considering the availibilities.


3.3. COUPON SEQUENCE AND USE 

3.3.1. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any agreed stopping places to the final destination.  The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket.  It forms an essential part of our contract with you.  The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket. 

3.3.2. Should you wish to change any aspect of your transportation you must contact us in advance.  The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed.  Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare. 

3.3.3. Should you change your transportation without our agreement, we will assess the correct price for your actual travel.  You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation.  We will refund the difference if the new price is lower but otherwise, your unused Coupons have no value. 

3.3.4. Please be aware that while some types of changes will not result in a change of fare others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price.  Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee. 

3.3.5. Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested. 

3.3.6. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. If you do advise us in advance, we will not cancel your subsequent flight reservations. However, a new ticket must be issued with a recalculated price based on the new routing.  

3.4. BREAK OF JOURNEY  


You may only break your journey at a scheduled stopping place if this has been agreed with us before you begin your air journey and is thus appropriately reflected in your ticket. 
If you hold a normal-fare Ticket you may arrange to break your journey during your ticket's period of validity at any scheduled stopping place, provided this is permitted by the local regulations and our timetable. 
If you travel on special-fare tickets, restrictions may apply, which limit or preclude Stopovers. 


3.5. NAME AND ADDRESS OF CARRIER 

Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket.  Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flights segment in the Itinerary Receipt. 


4. Fares and charges
 

4.1. FARES 


Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated.  Fares do not include ground transport service between airport and between airports and town terminals.  Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it.  Should you change your itinerary or dates of travel this may impact the fare to be paid. 


4.2. TAXES, FEES AND CHARGES 


Applicable taxes, fees and surcharges imposed by government or other authority, or by the operator of an airport or by Us, shall be payable by you.  At the time you purchase your Ticket, you will be advised of taxes, fees and surcharges. The taxes, fees and surcharges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance.  If there is an increase in a tax, fee or surcharge shown on the Ticket, you will be obliged to pay it.  Likewise, if a new tax, fee or surcharge is imposed even after ticket issuance, you will be obliged to pay it.  Similarly, in the event any taxes, fees or surcharges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to obtain a refund if the authorities or entities who received the taxes, fees or surcharges make a respective refund to Us, if the same are imposed by Us, insofar as their refund is authorised under the applicable fare rules (Click here for the practical information concerning refunds).


4.3. CURRENCY 


Fares, taxes, fees and surcharges are payable in the currency of the country in which the ticket is issued, unless another currency is indicated by us or our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency).  We may at our discretion, accept payment in another currency. 

 

5. Reservations 

5.1.RESERVATION REQUIREMENTS 


5.1.1. We or our Authorised Agent will record your reservation(s).  Upon request we will provide you with written confirmation of your reservation(s). 

5.1.2. Certain fares have conditions, which limit or exclude your right to change or cancel reservations. 


5.2. TICKETING TIME LIMITS 


If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation. 


5.3. PERSONAL DATA 

You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, ensuring security, safety, health, administrative and legal purposes and making available such data to the relevant government authorities.  For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned services and you agree that we shall not be liable to you for transmitting such information to those entities for such purposes. 


5.4. SEATING 

We will endeavour to honour advance seating requests, except for European flights where no seat assignment in B Light and in Economy class on our flights to Moscow, Tel Aviv and Helsinki is possible; however, we cannot guarantee any particular seat.  We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft.  This may be necessary for operational, government regulatory, safety or security reasons. 


5.5. RECONFIRMATION OF RESERVATIONS 

5.5.1. Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits.  We will advise you when we require reconfirmation, and how and where it should be done.  If it is required and you fail to reconfirm, we may cancel your onward or return reservations.  However, if you advise us you still wish to travel, if there is space on the flight, we will reinstate your reservations and transport you.  If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination. 

5.5.2. You should check the reconfirmation requirements of any other Carriers involved in your journey with them.  Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket. 


5.6. CANCELLATION OF ONWARD RESERVATIONS 


Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations.  However, if you do advise us in advance, we will not cancel your subsequent flight reservations. 

6. Check-in and boarding 

6.1. Check-in deadlines are different at every airport and we require from you to inform yourself about these check-in deadlines and honour them. We may also indicate to you a time by which you must present yourself for check-in. 
Your journey will be smoother if you allow yourself ample time to comply with the check-in deadlines.  We reserve the right to cancel your reservations if you do not comply with the check-in deadlines -.  We or our Authorised Agents will advise you of the check-in Deadline for your first flight on us.  For any subsequent flights in your journey, you should inform yourself of the check-in deadlines.  Check-in deadlines for our flights can be found in our Timetable or may be obtained from us or our Authorised Agent.  

6.2. You must be present at the boarding gate not later than the time specified by us when you check-in.  

6.3. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time. 

6.4. We will not be liable to you for any loss or expense incurred due to your failure to comply with -check-in deadlines, fail to present yourself for check-in on time or fail to be at the boarding gate on time.  

7.1. RIGHT TO REFUSE CARRIAGE 

In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. We may also refuse to carry you or your baggage if one or more of the following have occurred or we reasonably believe may occur:  
7.1.1. such action is necessary in order to comply with any applicable government laws, regulations, or orders;  
7.1.2. the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;  
7.1.3. your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;  
7.1.4. you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;  
7.1.5. you have refused to submit you or your baggage to a security check; 
7.1.6. you have not paid the applicable fare, taxes, fees or charges; 
7.1.7. you have not obeyed the instructions or behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft;  
7.1.8. you have deliberately interfered with a member of our ground staff or a member of the crew of the aircraft carrying out their duties; 
7.1.9. you have committed a criminal offence during the check-in or boarding processes or on board of the aircraft; 
7.1.10. you have failed to complete the check-in process by the check-in deadline or failed to arrive at the boarding gate on time; 
7.1.11. you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency; 
 7.1.12. you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;  
7.1.13. you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;  
7.1.14. you have failed to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;  
7.1.15 you fail to observe our instructions with respect to safety or security; 


In such case, you will be liable for all the costs resulting out of your behaviour leading to the refusal of carriage and you will not be entitled to a refund of your unused ticket. 

7.2. SPECIAL ASSISTANCE 

7.2.1. Except for flights to and from the U.S., acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us and we should be informed of your special needs at the time of reservation of your flight. Passengers with disabilities, unaccompanied children, pregnant women or passengers who are ill may be refused to travel if arrangements to carry them have not been made before check-in. Passengers who have advised us of any special requirements they may have at the time of reservation, and have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.  
7.2.2. Except for flights to and from the U.S., if you are a passenger with a disability, we may require from you that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions. 
7.2.3. Except for flights to and from the U.S., if you are a passenger with a disability we will carry you when arrangements have been made to provide for your special needs and assistance. If you do not inform us at the time of reservation, we will nevertheless use reasonable efforts to accommodate your special needs and assistance. 
7.2.4. If you are a passenger requesting a special assistance, we may ask you to present yourself sufficiently in advance in order to enable us to proceed with the assistance in due time. 

 

7.3. CHILDREN 


a) Children under five years of age may only travel if accompanied by an adult, i.e. a person aged 18 or over, or aged 16 or over if they are a brother or sister of the child concerned.  Children under two years of age may only travel if they are each accompanied by at least one adult.  
b) Children aged between five and under twelve may only travel unaccompanied by an adult with our prior agreement.  
c) All children aged under twelve who are travelling unaccompanied by an adult must be registered as "unaccompanied minors".  Their carriage is subject to our relevant regulations, which are available from any of our sales offices.  The carriage of unaccompanied minors is subject to a supplementary fee. 


8. Baggage 

8.1. FREE BAGGAGE ALLOWANCE 


We will carry some of your baggage free of charge. Your free baggage allowance will be shown on your ticket, or in the case of an electronic ticket, on your itinerary and receipt and will depend on our baggage regulations applying at the time of your flight. If you are in doubt, please ask us or our Authorised Agents for details of your free baggage allowance and our baggage regulations. 

8.2. EXCESS BAGGAGE 


You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance.  These rates are available from us upon request.  Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage, which is in excess of the applicable free allowance. 
If you wish to transport over 100 kilos of excess baggage and/or bulky or unwieldy items (e.g. cycles) you must notify us of such intention in advance, at the time of reservation.. 

8.3. EXCESS VALUATION DECLARATION 


You may declare a value for checked baggage in excess of the applicable liability limits. The applicable charges are 2 € per slice of 100 € declared value above our maximum limitation of liability. If you make such a declaration, you shall pay the applicable charges at check-in.  Excess value charges shall be payable at the point of origin for the entire journey to the destination, except when the flight is not operated by us, then the excess value declaration must be made and paid to the operating carrier. In case of stopover, we will accept an excess value declaration only to the point of stopover. We will refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another Carrier, which does not offer the facility. 
We will accept baggage with a declared value up to 4.000 €, above our maximum limitation of liability, provided this item is properly described, properly packaged and undamaged.  
You must re-declare and pay the applicable charges each time you check-in your excess baggage. 


8.4. ITEMS UNACCEPTABLE AS BAGGAGE 


8.4.1. You must not include in your Baggage: 
  
8.4.1.1 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request); 
8.4.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to; 
8.4.1.3 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used.  Information about unacceptable items is available upon request. 

8.4.2. Firearms and ammunition are prohibited from carriage as Baggage.  Firearms and ammunition may within certain conditions be accepted as Checked Baggage.  Firearms must be unloaded with the safety catch on, and suitably packed.  Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.4.1.1. and must, amongst others, be packed separately from firearms. 

8.4.3. Weapons such as antique firearms, s' words, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft. 

8.4.4. You must not include in Checked Baggage fragile or perishable items, food, medication, statues and art items, money, keys, jewellery, precious metals, personal electronic devices (such as but not limited to portables, computers, mobile phones, camera, video camera etc...), negotiable papers, securities or other valuables, samples, business documents or other working tools which are or can be considered as valuable, passports and other identification documents or any other item that is not suitable for carriage as checked baggage. 

8.4.5. Except to the extent abovementioned provisions could be found inconsistent with the Convention, if, despite being prohibited, any items referred to in 8.4.1, 8.4.2 and 8.4.4 are included in your Baggage; we shall not be responsible for any loss or damage of or caused by such items. In any event, our possible liability with respect to such items will be limited to the amount specified in the Convention.


8.5. RIGHT TO REFUSE CARRIAGE 


8.5.1. Subject to paragraph 8.4.2 and 8.4.3, we will refuse to carry as Baggage the items described in 8.4, and we may refuse further carriage of any such items upon discovery. 

8.5.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.  Information about unacceptable items is available upon request.  

8.5.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers.  Information about packing and containers unacceptable to us is available upon request. 

8.6. RIGHT OF SEARCH 


For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage.  If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.4.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.4.2 or  

8.4.3.  If you are unwilling to comply with such request we may refuse to carry you and your Baggage.  In the event a search or scan causes damages to you or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence. £

8.7. CHECKED BAGGAGE 


8.7.1. Upon delivery to us of your Baggage, which you wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage. 

8.7.2. Checked Baggage must have your name or other personal identification affixed to it. 

8.7.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it at the airport of your destination, unless applicable law requires you to be present for customs clearance. 

8.7.4. In cases in which the weight of your checked baggage is not recorded on the ticket and no charges for overweight have been paid, it will be assumed until proven otherwise that the total weight of the checked baggage concerned does not exceed your free baggage allowance. 


8.8. UNCHECKED BAGGAGE 

8.8.1. We may specify maximum dimensions and/or weight for Baggage, which you carry on to the aircraft.  If we have not done so, Baggage, which you carry onto the aircraft, must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft.  If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. 

8.8.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.8.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us.  You may have to pay a separate charge for this service. 

8.8.3. Some objects will not be authorised anymore for carriage in unchecked baggage following the application of the Regulation (EC) n° 154/2006. Some other objects as liquids will be limited to an authorised quantity (100ml) and will be subject to separate screening procedures. For more details, please consult us or your travel agency. 

8.9. COLLECTION AND DELIVERY OF CHECKED BAGGAGE 


8.9.1. Subject to article 8.7.3 you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover.  Should you not collect it within a reasonable time, we may charge you a storage fee.  Should your Checked Baggage not be claimed within three (3) months of the time it is made available to the passenger, we may dispose of it without any liability to you.  

8.9.2. Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage.  

8.9.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage. 


8.10. ANIMALS 


Only cats and dogs are likely to be accepted for travel by us. 

If we agree to carry your animals they will be carried subject to the following conditions: 

8.10.1. You must ensure that your animals, cats and dogs , are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will not be accepted for carriage.  Such carriage may be subject to additional conditions specified by us, which are available on request.  

8.10.2. If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate. 

8.10.3. Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us, which are available on request. 

8.10.4. Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal, which we have agreed to carry unless we have been negligent.  

8.10.5. We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result. 

8.10.6. You shall at all times remain responsible for the animal, which shall remain under your sole custody. You will accordingly bear all costs related to the carriage of such animal, including but not limited to, damage caused by such animal to the aircraft, to other persons on board of the aircraft or costs incurred by reason of refusal of access of the animal to the place of destination or the stopover or in case of absence of the required travel documents. 

9. Schedules, delays, cancellations of flights 


9.1. SCHEDULES 


9.1.1. The flight times shown in timetables may change between the date of publication and the date you actually travel.  We do not guarantee them to you and they do not form part of your contract with us.  

9.1.2. Before we accept your booking, we will notify you of the schedule flight time in effect as of that time, and it will be shown on your Ticket.  It is possible we may need to change the schedule flight time subsequent to issuance of your Ticket.  If you provide us with contact information, we will endeavour to notify you of any such changes.  If, after you purchase your Ticket, we make a significant change to the schedule flight time, which is not acceptable to you, and we are unable to book you on an alternate flight, which is acceptable to you, you will be entitled to a refund in accordance with  
Article 10.2. 

9.2. CANCELLATION, REROUTING, DELAYS, ETC. 


9.2.1. We will take all necessary measures to avoid delay in carrying you and your baggage.  In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.  

9.2.2. In case of a cancellation of your flight: 
9.2.2.1. you will be offered the choice between: 
(i) reimbursement within seven days of your non-used ticket at the price at which it was bought (or if the flight no longer serves any purpose in relation to the passenger's original travel plan, when relevant, a return flight at the earliest opportunity to your first point of departure). 
(ii) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity. 
(iii) re-routing, under comparable transport conditions, at a later date at your personal convenience, subject to availability of seats. If you choose this option you will be exclusively liable for any hotel, accommodation, meal and all other transport costs. 
9.2.2.2. In addition we will provide you with the following assistance: 
(i) meals and refreshments in a reasonable relation to the waiting time. 
(ii) two telephone calls, telex or fax messages, or emails free of charge. 
(iii) hotel accommodation and transport between the airport and the hotel in the event of re-routing when the reasonably expected time of departure of the new flight is at least day after the departure as it was planned for the cancelled flight. 
9.2.2.3. If you are entitled to receive compensation, the compensation will depend on the length of the flight as shown below: 

a) All flights up to 1500 kilometres  
   - Arrival > 2 hours late: EUR 250,00 
   - Arrival < 2 hours late: EUR 125,00 
b) All intra-Community flights from 1500 kilometres or above 
   - Arrival > 3 hours late: EUR 400,00 
   - Arrival < 3 hours late: EUR 200,00 
c) All non intra-Community flights between 1500 and 3500 kilometres  
   - Arrival > 3 hours late: EUR 400,00 
   - Arrival < 3 hours late: EUR 200,00 
d) All non intra-Community flights above 3500 kilometres  
   - Arrival > 4 hours late: EUR 600,00 
   - Arrival < 4 hours late: EUR 300,00 
The due amount of compensation will be paid to you in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. 
You will not be entitled to any compensation, if : 
(i) you are informed of the cancellation at least two weeks before the scheduled time of departure 
(ii) you are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; 
(iii) you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival. 
If the cause of the cancellation is beyond the control of the airline, such as political instability, meteorological conditions, security risks, unexpected flight safety shortcomings, strikes or air traffic management decisions, then the above provision on the payment of compensation does not apply and above obligations imposed on us may be limited or excluded. 

9.2.3. In case of delay, when we reasonably expect a flight to be delayed beyond its scheduled time of departure 
(a) for two hours or more in the case of flights of 1500 kilometres or less; or 
(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all non intra-Community flights between 1500 and 3500 kilometres; or 
(c) for four hours or more in the case of all non intra-Community flights over 3500 kilometres 
9.2.3.1. you will be offered by us: 
(i) meals and refreshments in a reasonable relation to the waiting time and two telephone calls, telex or fax messages, or emails free of charge 
(ii) hotel accommodation and transport between the airport and hotel if the reasonably expected time of departure is at least the day after the time of departure previously announced, 
(iii) when the delay is at least five hours, you will be offered a reimbursement within seven days of your non-used ticket at the price at which it was bought or if the flight no longer serves any purpose in relation to the passenger's original travel plan, when relevant, a return flight at the earliest opportunity to your first point of departure. 
9.2.3.2 In case of Damage caused by delay, our liability for each Passenger is limited, according to the Montreal Convention, to 4,694 SDR and for delay of the passenger’s Baggage to 1,131 SDR, except in case of act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result. Nevertheless, the carrier will not be liable for Damage occasioned by delay if it proves that it and its servants and agents took all necessary measures that could reasonably be required to avoid the Damage or that it was impossible for it or them to take such measures. 

10. Refunds 

10.1. GENERAL 


We will refund a Ticket or any unused portion, in accordance with the applicable fare rules (Click here for the practical information concerning refunds), as follows :  

10.1.1. Except as otherwise provided in this Article, we shall be entitled to make refund either to the person named in the Ticket or, to the person, legal or natural, who has paid for the Ticket, upon presentation of satisfactory proof of such payment. 

10.1.2. If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order. 

10.1.3. If such restriction has not been specified by the passenger and if the ticket has been paid by a travel agency in name and for the account of the passenger, we shall be entitled to make a refund in full discharge to the travel agency that made the payment initially.  

10.1.4. Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons. 

10.2. INVOLUNTARY REFUNDS 


10.2.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:  

10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid; 
10.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used. 


10.3. VOLUNTARY REFUNDS 

10.3.1. If you are entitled to a refund of your Ticket for reasons other than those set out in 10.2, the amount of the refund shall be:  
10.3.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees; 
10.3.1.2 if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees. 


10.4. REFUND ON LOST TICKET 

10.4.1. If you loose your ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made, as soon as practicable after the expiry of the validity period of the Ticket, on condition:  
10.4.1.1 that the lost or stolen ticket to be replaced or refunded was originally issued by us. 
10.4.1.2. that the person requesting such refund has filled in and signed a "Declaration of Indemnity form" indemnifying us from any losses which might occur due to fraudulent use of lost/stolen document(s). 
10.4.1.3. that the lost Ticket, or portion of it, has not been used, previously refunded or replaced (except where the use, refund or replacement by or to a third party resulted from our own negligence); 
10.4.1.4. that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use, by a third party resulted from our own negligence). 


10.5. RIGHT TO REFUSE REFUND 


10.5.1. We may refuse a refund where application is made after the expiry of the validity of the Ticket.  

10.5.2. We may refuse a refund on a Ticket which has been presented to us, or to Government officials as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport. 

10.5.3. We may refuse a refund on a Ticket, if the Ticket has been seized due to non valid travel documents, passport or ID, evidencing fraud in the chief of the passenger (see Article 3.1.6). 


10.6. CURRENCY 


We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket. 


10.7. BY WHOM TICKET REFUNDABLE 


Voluntary refunds will be made only by the carrier, which originally issued the Ticket, or by its agent if so authorised. 


11. Conduct aboard aircraft 


11.1. GENERAL 


If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint.  You may be disembarked, refused onward carriage at any point, be refused to any further carriage you wish to contract with our airline and may be prosecuted for offences committed on board of the aircraft by application of the Belgian Law of 15 May 2006. 
If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you will have to bear all the costs proper to this diversion. 


11.2. ELECTRONIC DEVICES 


For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies.  Operation of hearing aids and heart pacemakers is permitted. 


12. Arrangements for additional services 


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

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

12.3 In case of  international carriage by train in cooperation with Thalys International, the legal regime of liability and assistance is governed by the Regulation (EC) n° 1371/2007 of 23rd October 2007 on rail passengers' rights and obligations and the uniform rules concerning the contract for international carriage of passengers and luggage by rail to the Convention concerning international carriage by rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the COTIF signed at Vilnius on 3 June 1999 ( see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:315:0014:0041:EN:PDF), and supplemented by the general conditions of the railway company. 


13. Administrative formalities 

13.1. GENERAL 


13.1.1.You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. 

13.1.2. We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.  We shall not be liable for any assistance or information given by any of our agents or employees to you or any other passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, directives, demands and requirements whether given in writing or otherwise. 


13.2. TRAVEL DOCUMENTS 


Prior to travel, you must present all entry, exit, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof.  We may verify these documents and refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order. A refund on the Ticket may be refused in case of fraud in the chief of the passenger. 


13.3. REFUSAL OF ENTRY 

If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country.  The fare collected for carriage to the point of refusal or denied entry will not be refunded by us. 


13.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC. 

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred.  We may apply towards such payment or expenditure the value of any unused carriage on your ticket or any of your funds in our possession. 


13.5. CUSTOMS INSPECTION 


If required, you shall attend inspection of your Baggage, by customs or other Government officials.  We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement. 


13.6. SECURITY INSPECTION 


You shall submit to any security checks by Governments, airport officials, Carriers or by us. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement 


14. Successive carriers 

Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention.  However, your attention is drawn to Article 15.1.2 (b). 

 

15. Liability for damage 

15.1. The liability of us and of each Carrier involved in your journey will be determined by our Conditions of Carriage or by the Conditions of Carriage of such Carrier.  Our liability provisions are as follows: 

15.1.1. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention. 
15.1.2. Where your carriage is not subject to the liability rules of the Convention, Belgian law shall apply.  In addition, the following rules shall also be applicable. 
15.1.2.1 (a) Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law. 
15.1.2.2 (b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment.  If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier.  Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier. 
15.1.2.3 (c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence and this liability is limited to 1,131 SDR per Passenger. 
15.1.2.4. (d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same. 
15.1.2.5 (e) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to 1,131 SDR per Passenger.  We will be liable for Damage to Checked Baggage only upon the condition that the Damage occurred on board of the aircraft or during any period in which the Checked Baggage is in charge of the carrier, and for Damage, which is not inherent to the Baggage itself. If the weight of the Baggage is not recorded on the Baggage check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.  In the case of Checked Baggage a higher value is declared in writing and applicable charges paid pursuant to an excess valuation facility, our liability shall be limited to such higher declared value. 
15.1.2.6 (f) Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs, in accordance with the Convention.  Carrier shall furthermore not be liable for indirect or consequential damages. 
15.1.2.7 (g) We are not liable for any Damage caused by your Baggage.  You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property. 
15.1.2.8 (h) Except to the extent such provisions could be found inconsistent with the Convention, we shall have no liability whatsoever for Damage to articles or caused by articles not permitted to be contained in Checked Baggage under 8.4, including fragile or perishable items, food, medication, statues and art items, money, keys, jewellery, precious metals, personal electronic devices (such as but not limited to portables, computers, mobile phones, camera, video camera etc...), negotiable papers, securities or other valuables, samples, business documents or other working tools which are or can be considered as valuable, passports and other identification documents or any other item that is not suitable for carriage as checked baggage.  In any event, our possible liability with respect to such items will be limited to the amount specified in the Convention.
15.1.2.9 (i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition, except if caused by an unexpected and unusual event in connection with the operation of the aircraft. 
15.1.2.10 (j) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us.  The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any. 
15.1.2.11 (k) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated. 


15.2. PERSONAL DAMAGE 

In case in which we are liable for your death or bodily injury, the following provisions shall apply:  

a) For damages arising under paragraph 1 of Article 17 not exceeding 113,100 SDR for each passenger, we shall not exclude or limit our liability.  
For damages exceeding 113,100 SDR for each passenger, we shall not be liable for damages arising under paragraph 1 of Article 17 of the Montreal Convention if such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents.  

b) We reserve all defences to such claims available under the Montreal Convention and the applicable national law.  With respect to third parties, we also reserve all rights of recourse against any other person, including without limitation, rights of contribution and indemnity. 

c) Should you be killed or suffer bodily injury in the event of an accident, we will, within fifteen days of establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs, in proportion to the hardship suffered. 
d) In the event of death, this advance payment shall amount to 16,000 SDR per Passenger according to the applicable legislation. 

e) An advance payment shall not constitute any recognition of liability, and may be offset against any subsequent sums paid on the basis of the air carrier liability.  The advance payment must be returned should it be subsequently proved you caused or contributed by negligence to your own death or injury, that the person receiving the advance payment caused or contributed by negligence to such death or injury, or that the person receiving the advance payment was not the person entitled to such compensation. 


15.3. LIABILITY IN THE CASE OF CODESHARE FLIGHTS 


In the case of flights operated as codeshare services in association with another carrier, we shall be liable to those passengers who have concluded a contract of carriage with us and for whom we are stated as the carrier in their ticket. 


16. Compensation for denied boarding due to overbooking 


16.1. DENIED BOARDING DUE TO OVERBOOKING 

Should more passengers hold confirmed reservations for a particular flight than the capacity available, and should we have to refuse carriage to you as a result of such overbooking, you shall receive compensation in accordance with the provisions below, provided that: 
(i) you hold a properly-issued ticket with a confirmed reservation and we or our agents made the reservation with due regard to all applicable procedures, and 
(ii) you have reported to check-in within the specified time or if no time is indicated, not later than 45 minutes before the published departure time. 
(iii) you are not a passenger travelling free of charge or at a reduced fare not available directly or indirectly to the public. 


16.2. PRIORITIES IN THE EVENT OF DENIED BOARDING 


We will seek passengers willing to voluntarily forgo carriage on a flight for which they hold a confirmed reservation in return for appropriate compensation. When assigning the seats available on an overbooked flight, we will give priority to unaccompanied minors and to sick or disabled passengers.  We shall assign seats to the remaining passengers in the order in which they checked in for the flight.  We may also establish other non-discriminatory criteria when assigning such seats. 

 

16.3. RIGHTS OF THE PASSENGER IN THE EVENT OF DENIED BOARDING 


16.3.1. In case you are denied boarding due to overbooking and are not a volunteer, you will be offered the choice between: 
(i) reimbursement within seven days of your non-used ticket at the price at which it was bought (or if the flight no longer serves any purpose in relation to the passenger's original travel plan, when relevant, a return flight at the earliest opportunity to your first point of departure). 
(ii) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity. 
(iii) re-routing, under comparable transport conditions, at a later date at your personal convenience, subject to availability of seats. If you choose this option you will be exclusively liable for any hotel, accommodation, meal and all other transport costs. 

16.3.2. In addition we will provide you with the following assistance: 
(i) meals and refreshments in a reasonable relation to the waiting time. 
(ii) two telephone calls, telex or fax messages, or emails free of charge. 
(iii) hotel accommodation and transport between the airport and the hotel in the event of re-routing when the reasonably expected time of departure of the new flight is at least a day after the departure as it was planned for the cancelled flight. 

16.3.3. If you are entitled to receive compensation, the compensation will depend on the length of the flight as shown below: a) All flights up to 1500 kilometres  
   - Arrival > 2 hours late: EUR 250,00 
   - Arrival < 2 hours late: EUR 125,00 
b) All intra-Community flights from 1500 kilometres or above 
   - Arrival > 3 hours late: EUR 400,00 
   - Arrival < 3 hours late: EUR 200,00 
c) All non intra-Community flights between 1500 and 3500 kilometres  
   - Arrival > 3 hours late: EUR 400,00 
   - Arrival < 3 hours late: EUR 200,00 
d) All non intra-Community flights above 3500 kilometres  
   - Arrival > 4 hours late: EUR 600,00 
   - Arrival < 4 hours late: EUR 300,00 
The due amount of compensation will be paid to you in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. The abovementioned assistance relative to the payment of compensation and the provided assistance will not apply if you fail to meet the check-in and boarding requirements in clause 6 or if we exercise our right to refuse to carry you under clause 7.1 and clause 7.2. 
Where the denied boarding is not due to overbooking but to other reasons such as health, safety, security or inadequate travel documentation reason then we will be under no obligation to provide you, welfare, compensation, re-imbursement or alternative travel arrangements.  

16.3.4. In case you are denied boarding due to overbooking and are not a volunteer on a flight that departs from the United States, you may be eligible to receive compensation under U.S. law.  Please contact one of our representatives for additional information on our denied boarding compensation policy.

 

17. Time limitation on claims and actions 

17.1. NOTICE OF CLAIMS 


Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. 
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage.  If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal.  Every such notification must be made in writing. 

17.2. LIMITATION OF ACTIONS 

Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.  The method of calculating the period of limitation shall be determined by the law of the court where the case is heard. 


18. Information regarding the identity of the operating air carrier 

Upon reservation, the air carriage contractor will inform you of the identity of the operating air carrier or carriers. When the identity of the operating air carrier is not yet known at the time of reservation, the air carriage contractor will provide you as soon as possible with this information and at the latest at the check-in. In case the air carriage contractor is changed after the reservation, the passenger will be informed of this change at the latest at the check-in. 


19. Applicable law 

The contract of carriage and the legal provisions connected therewith are subject to Belgian law, unless the application of other national law is mandatory. 


20. Other conditions 

Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us.  These regulations and conditions as varied from time to time are important.  They concern among other things: 
· the carriage of unaccompanied minors, pregnant women, incapacitated persons and other passengers requiring special assistance; 
· restrictions on use of electronic devices and items; and 
· the carriage of cats and dogs; and 

- check-in and boarding deadlines;and 

-Baggage requirements and limitations. 

Regulations and conditions concerning these matters are available from us upon request. 

 

21. Interpretation 

 

In case of conflict between the different versions of our general conditions of carriage, the English, Dutch and French version of the general conditions of carriage will prevail on the other versions. 

 

Last update: November 2011