General conditions of carriage
You decide to take a ticket with one of our agencies, we thank you and we assure you that we do everything possible to ensure that your trip takes place in ideal conditions. Also, we have the pleasure to put at your disposal the present general conditions which govern all the transports assured by TRANS AIR CONGO.
You will find references to these general conditions on your ticket.
These general conditions are available on our website FLYTRANSAIRCONGO.COM.
The titles of the articles are used as an indication.
We thank you for your attention and wish you a pleasant flight with TRANS AIR CONGO, my friend of always.
TRANS AIR CONGO
AVENUE AMILCAR CABRAL
CITY CENTER BUILDING
BRAZZAVILLE CONGO (CG)
Article 1 : Definitions
For the purposes hereof, the particular terms used shall have the following meanings :
“CONTRACT OF CARRIAGE” means the statements contained in or provided with your Ticket or Itinerary/Receipt, clearly identified and referring to these General Conditions of Carriage, notices to passengers and circular notes.
“WE”, “OUR”, “OUR” means TRANS AIR CONGO, operating under the name TAC or Q8 and having its registered office at B.P.2422 Brazzaville, Republic of Congo,
“PASSENGER” means any person, other than a crew member, carried or to be carried by air under a Ticket,
“YOU”, “YOUR”, “YOURS” means all persons, other than members of the crew, carried or to be carried by air under a Ticket
“FARE” means the flight fare and taxes and/or charges associated with an airline’s General Conditions of Carriage,
“CARRIER” means an airline (other than us) whose Designator Code is shown on your Ticket or Supplemental Ticket.
“TICKET” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket with its Coupons, both of which are issued by or on behalf of us and contain the Contract of Carriage and the notices to Passengers.
“COMPLEMENTARY TICKET” means a Ticket issued to you in conjunction with another Ticket, the whole of which constitutes a single contract of carriage.
“ELECTRONIC TICKET” means the Itinerary/Receipt/Travel Memo issued by us or issued on our behalf, the Electronic Coupon and, if applicable, a Boarding Pass.
“COUPON” means either a paper Flight Coupon or an Electronic Coupon, both of which authorize the Passenger named therein to travel on the specified flight.
“FLIGHT COUPON” means that portion of your Ticket marked “valid for carriage” or, in the case of an Electronic Ticket, the Electronic Coupon, indicating the specific points between which you are entitled to be carried.
“ELECTRONIC COUPON” means an Electronic Flight Coupon or other document that displays a value and is contained in our database.
“ELECTRONIC COUPON” means an electronic Flight Coupon or other document that displays a value and is contained in our database.
“BAGGAGE BULLETIN” means that portion of your Ticket relating to the carriage of your Checked Baggage.
“BAGGAGE LABEL” means a document issued for the sole purpose of identifying Checked Baggage.
“FORCE MAJEURE” means extraordinary and unforeseeable circumstances, over which you have no control and the consequences of which could not be avoided even by taking all precautionary measures.
“CHECK-IN DEADLINE” means the deadline specified by the airline by which you must complete check-in and receive your boarding pass.
“RESERVATION” means that a passenger is in possession of a ticket or other transportation document, indicating that the reservation has been accepted and that a certain baggage capacity will be carried.
“CONFIRMED RESERVATION” means that a Passenger is in possession of a ticket which contains: in the case of a paper ticket, a specification of the flight number, date and time and the words ‘OK’ in the space provided, or in the case of an electronic ticket, a statement that the reservation is recorded and confirmed.
“STANDARD FARE” means the highest fare in effect for carriage in a particular class of travel, which has no restrictions and is recognized as such.
“SPECIAL FARE” means any fare that is not considered a standard fare.
“FARE CONDITIONS/NOTES” means the rules and conditions applicable to a standard or special fare as set by us or the Carrier.
“AGREEMENT” means any of the following documents governing the contract of carriage:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (hereinafter referred to as the Warsaw Convention);
- The Warsaw Convention as amended by the Montreal Protocols 1, 2 and 4 (1975),
- The Montreal Convention (1999)
Article 2 : Scope of application
These conditions of carriage apply to all passenger and baggage flights performed by us against payment. And they may, unless otherwise provided, be applicable to free transportation. These Conditions of Carriage shall prevail over the “Conditions of Contract” stated on the ticket. Flights at special fares may also be subject to special fare conditions, which shall prevail over these Conditions of Carriage in the event of any inconsistency.
In order to be applicable, the flights on which the passenger travels must be operated by our company and the mention of this flight must be legible on the ticket. 2.c In the case of charter flights, these General Conditions of Carriage apply only to the extent that they are explicitly mentioned, or otherwise specified, in the charter contract or on your Ticket.
In the case of “codeshare” flights, these conditions apply if our company is the one which has operated the flight. In the case of a codeshare flight, we will inform you of the identity of the operating Carrier.
These General Conditions of Carriage are applicable insofar as they do not conflict with applicable Tariffs or laws. If such a case arises, such Tariffs or laws shall apply. 2.f These Conditions of Carriage shall prevail if they are in conflict with any regulation.
Article 3: Tickets
A passenger wishing to travel on our services must produce a ticket bearing his or her name; to ensure this, proof of identity may be requested, as the ticket constitutes proof of the existence of a contract between us and the person whose name appears on the ticket. This contract refers to these terms and conditions.
The ticket remains the property of the issuing carrier; it will only be issued if payment has been made or if it is established that there is a credit agreement approved by the Carrier. It is not transferable. It may be used only by the person whose name is on it. If a ticket is presented for carriage or reimbursement by a person other than the entitled party, the Carrier shall not be liable to such entitled party if in good faith the entitled party carries or reimburses the person who presented the ticket. The Carrier has the right to require the passenger to prove his identity by means of a valid identification document. The Carrier will carry only those persons whose name appears on the ticket.
3.C.1 : A Ticket is a valuable document; adequate precautions should be taken to preserve it and prevent it from being stolen or lost.
3.C.2 : Unless you have an Electronic Ticket, you will not be permitted to travel on a flight unless you are able to present a valid Ticket containing the Coupon for that flight and all other unused flight Coupons and the Passenger Coupon. You are not entitled to transportation if the Ticket presented has been damaged or altered by anyone other than us or our Authorized Agent. If you use Electronic Ticketing, you may be carried on a flight only if you produce proper identification and a valid Electronic Ticket has been issued in your name.
3.C.3 : In case of loss, theft or damage of all or part of the ticket or failure to present a ticket containing the passenger coupon and unused flight coupons, the passenger who wishes to continue the journey is required to purchase a new ticket for this purpose. The original ticket, if found, will be refunded to the passenger without penalty and even after the expiration of its validity date; to be entitled to it, the passenger must have made a prior declaration of loss to our services .
If, for any reason, you decide to cancel your trip and demand a refund of the ticket, you must send us a letter with the ticket and all unused coupons. A credit note will be issued to you for the price of the ticket or flight, less a reasonable processing fee. Some Tickets are sold at discounted fares; refunds for these Tickets may be partially or fully excluded. You should check with our agents and select the fare that best suits your needs.
A Ticket is issued at the standard fare and is valid, unless otherwise specified on the Ticket, in these Conditions or in the applicable Fares:
- one year from the date of issue; or
- one year from the date of first travel shown on the Ticket if the Ticket has not yet been used. However, the validity of the Ticket may be extended if the passenger is unable to fly on the agreed date because:
- seats are not available on the flight due to overbooking or the passenger’s withdrawal in favor of other customers at the request of the carrier;
- the carrier has cancelled the flight for which the passenger has made a reservation;
- the passenger has cancelled because of a change in schedule that may cause the passenger to miss a connection;
a Ticket is valid only for the itinerary mentioned on it and for transportation from the point of departure via any Intermediate Stops to the point of destination. The fare paid is our fare for the flight indicated on the Ticket. It is an essential element of our Contract with you. Each Flight Coupon on your Ticket is valid for carriage in the class of travel specified on the Ticket, on the date and for the flight corresponding to the reservation you have made. If a Coupon was originally issued without a reservation, the seat may be subsequently reserved in accordance with the applicable Tariff and subject to availability on the flight concerned. The Ticket will not be accepted and will become invalid if all Coupons have not been used in the order of issue indicated on the Ticket unless we expressly agree. We will accept Coupons issued and presented with the Passenger Coupon or Passenger Receipt. All unused coupons that have not been surrendered to the Carrier must be retained by the passenger during his/her journey and be available for presentation upon request by the Carrier. The coupons concerned shall be returned to the Carrier upon its request.
Some itinerary changes do not affect the fare; others may result in a higher fare. Certain fares are valid only for the dates and flights indicated on the Ticket; they may not be changed in any way or only upon payment of a supplement. For any changes to be made, the passenger must contact us in advance. The price of the new route will be calculated, and you may accept it or maintain your itinerary as specified on your Ticket.
If a passenger fails to show up for a flight on which he or she was booked without informing us in advance, we may cancel the reservation for the return or transfer flight. However, if we are informed in advance that the passenger will not be able to travel, we will not cancel the reservation but will rearrange the flight.
A passenger may only interrupt his or her journey with the consent of the carrier or if this is expressly recognized in the fare conditions of the booking class.
Our name may be shown in abbreviated form on the Ticket, in the form of our Designator Code or in any other form. Our address will be deemed to be the airport of departure next to the first abbreviation of our name in the Carrier’s box or, in the case of an Electronic Ticket, as shown for our first flight segments in the Itinerary/Receipt.
Article 4: Rates, fees and charges
Unless otherwise specified, the Fares apply only to transportation from the airport at the point of origin to the airport at the point of destination. Fares do not include surface transportation between airports and between airports and city terminals. The price of your travel is calculated on the basis of our Fares in effect on the date of payment of your Ticket for travel on the dates and itinerary specified therein. A change in your itinerary or travel dates may affect the fare you pay. The applicable fares are the fares published by us or, if not so published, calculated in accordance with our fare conditions for the flight(s) specified on the Ticket from the point of departure to the point of destination, and valid for the class of transportation concerned at the point of departure where travel actually begins, on the date the Ticket is issued. If the international flight originates in a country other than the country of Ticket issuance, the fare shall be calculated on the basis of that other country.
All fees and charges levied by any government, by any national or other authority, or by the operator of an airport, which relate to a passenger or to the use of services and facilities by a passenger shall – insofar as they are not already included in the fare – be separately charged to the passenger and shall be payable by the passenger, even if the passenger has already paid the fare for the ticket. Taxes, fees and charges applicable to air travel change regularly and sometimes may even be introduced after your Ticket has been issued. If a tax, fee or charge listed on the Ticket is increased, you must pay the difference. The same applies if a new tax, fee or charge is levied after your Ticket is issued. Similarly, if any taxes, fees or charges paid by you to us at the time of Ticket issuance are waived or reduced, you may request a refund of such taxes, fees or charges, provided that the authorities or other agencies that levied them have refunded them to us.
Fares, taxes, fees and charges are payable in the currency of the country in which your Ticket was issued, unless we or our Authorised Agents accept another currency at the time of payment for your Ticket. We are free to accept payment in any other currency to the extent permitted by applicable law. If payment is made in a currency other than that of the country where the Ticket was purchased, the rate of exchange for such payment will be the buying rate of the bank used by the Carrier for this purpose on the day the Ticket was issued.
Article 5 : Reservations
Any passenger wishing to travel must check in at our offices or with accredited agents and written confirmation may be issued upon request. Some Fares may be subject to conditions that limit or exclude the possibility of changing or cancelling reservations. If you have not made payment for your Ticket by the specified time, as directed by us or our Authorized Agents, we may cancel your reservation.
You acknowledge that personal information about you has been given to us for the purpose of making a reservation, purchasing a Ticket, obtaining ancillary services, providing other services, facilitating immigration and entry requirements, and that such information may be disclosed to government authorities, solely for the purpose of your travel, and subject to applicable law. You authorize us, for the above purposes, to hold such information and to disclose it to our own agencies, Authorized Agents, government authorities, Carriers, as defined in Article I above, and providers of the above services, regardless of the state or territory in which they are located.
We will make every effort to accommodate your requests for seat assignments, but we cannot guarantee the assignment of a particular seat, even if your reservation is confirmed for that seat. We reserve the right to change seat assignments at any time as may be necessary for operational, safety or security reasons.
Reservations for an onward or return flight may be subject to reconfirmation within certain time limits. We will advise you when reconfirmation is required and how to proceed. If you do not reconfirm when asked to do so, we may cancel your onward and/or return reservations. However, if you indicate that you still wish to travel and if there is space on the flight in question, we will reinstate your reservation and transport you. If there is no space on that flight, we will make every effort to transport you to a later airport or to your final destination. If, during your trip, you use the services of more than one Carrier, as defined in Article I above, you should check with each Carrier to see if reconfirmations are required. If you fail to check in for a flight, we may cancel your reservations for your onward or return journeys, unless you have notified us.
If a passenger does not use the seat reserved for him or her, a service charge may be made. The communication costs of the Carrier or its Authorised Agent resulting from a passenger’s request concerning his or her reservation or flight, other than the communication costs to secure the passenger’s initial flight reservation, may be charged to the passenger.
Article 6: Check-in and boarding
Check-in Deadlines vary from airport to airport. We recommend that you find out in advance and respect them, in order to facilitate your travel and otherwise your reservations will be cancelled. We or our Authorized Agents will provide you with all the necessary information on the HLE of your first flight on our routes. If your trip involves subsequent routes, you must inquire about the HLEs, which may be found in the Schedule or obtained from us or our Authorized Agents.
You must be present at the boarding gate no later than the time specified by us. We may cancel your reservation if you do not arrive at the boarding gate at the time specified.
If you do not arrive at the check-in counter or gate on time or if you do not have proper travel documents, as described in Article XIII below, and are therefore unable to travel, we may cancel your reservation and dispose of your seat, without any liability to you. If a Flight Coupon is not picked up at the check-in counter when you receive your boarding pass, the Flight Coupon will remain in your custody and you will be required to return it to us at the time of boarding.
We will not be liable for any loss, damage or expense if you fail to comply with the terms of this section.
Article 7: Refusal and limitation of transport
At our discretion, exercised in a reasonable manner, we may, at any point of embarkation and/or connection, refuse to carry you and your Baggage if any one or more of the following has or will occur:
- your carriage and/or that of your Baggage could endanger the safety, health, comfort or convenience of other Passengers or the crew;
- you have not complied with applicable law;
- your physical or mental condition, including a condition caused by the consumption of alcohol or the use of drugs or medication, presents a danger or risk to yourself, other Passengers, the crew or property;
- you have engaged in misconduct on a previous flight and we have reason to believe that such conduct may be repeated; – you have refused to submit to security checks, and you have refused to provide proof of your identity;
- you (or the person paying for the Ticket) have not paid the applicable Tariff and/or any applicable fees, taxes or charges;
- you do not appear to have valid travel documents, you have attempted to enter a territory in transit, you have destroyed your travel documents during the flight, you refuse to surrender them to the Carrier’s flight or ground personnel who requested them, or your travel documents are out of date, incomplete in accordance with applicable regulations or fraudulent (impersonation, falsification or forgery of documents);
- the Ticket you present was acquired fraudulently or purchased from an organization other than us or our Authorized Agent; has been reported lost or stolen; is forged or counterfeit; or contains a Flight Coupon that has been altered or tampered with by someone other than the Carrier or its Authorized Agent;
- you request special assistance from us at check-in or boarding that you did not request at the time of booking your travel;
- you have not complied with instructions and regulations concerning safety or security;
- you are unable to prove that you are the person named in the “Passenger Name” box on the Ticket;
- In certain circumstances described above, we reserve the right to retain your Ticket.
Unaccompanied children, disabled persons, pregnant women and persons who are ill or require special assistance may be carried only if we have given our prior approval and have been informed of their special needs at the time of booking their flight. We have the right to refuse transportation to passengers who have not informed us of their needs prior to check-in. Passengers who have previously informed us of their disability or special assistance needs at the time of purchase of their Ticket, for which we have given our consent, may no longer be refused carriage by Us on the basis of their disability or special assistance needs.
If you are a passenger with a disability, we may require you to travel with an attendant if this is essential for your own safety or if you are unable to evacuate the aircraft or understand safety precautions. If you are a passenger with a disability, we will carry you if special arrangements have been made for your particular needs. If you do not inform us at the time of booking your flight of your special needs, we will nevertheless make reasonable efforts to provide you with assistance and meet your special needs. If you are a passenger requiring special assistance, we ask that you arrive in sufficient time to allow us to provide your assistance in a timely manner.
Article 8: Luggage
You may have Baggage carried free of charge in accordance with the provisions and subject to the fare conditions and limits set out in these Conditions of Carriage, which we make available to you. You will be required to pay a surcharge for the carriage of Baggage in excess of the free Baggage allowance, subject to such conditions as we may provide.
You must not include in your Baggage :
- items which may constitute a hazard to the aircraft, persons or property on board, such as those specified in the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA) Dangerous Goods Regulations and in our regulations as they apply to you (further information is available from us on request);
- items the carriage of which is prohibited by the law of any country of departure, destination, overflight or scheduled transit;
- items which, in our reasonable opinion, by reason of their weight, size, configuration or fragile or perishable nature, are unsuitable for carriage, taking into account, among other things, the type of aircraft used. Information on these items can be provided upon request;
- Firearms and ammunition other than hunting or sporting ammunition, which, to be accepted as Checked Baggage, must be unloaded, properly packed and have the safety catch engaged. The transportation of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as indicated in (a) above;
- Collector’s items, swords, knives and other such weapons, if carried in the cabin. However, they may be accepted as Checked Baggage at our discretion;
- perishable materials, money, currency, jewelry, art, precious metals, silverware, securities or other valuables, expensive clothing, optical or photographic equipment, electronic and/or telecommunication equipment or devices, musical instruments, passports and identification documents, samples, business papers, manuscripts or titles, whether individual or fungible, etc;
- live animals, except pets and provided certain conditions are met, namely
- Dogs, cats, birds and other domestic animals must be properly crated and accompanied by proper documentation, such as health certificates, vaccination certificates and entry or transit permits. Depending on the destination, the carriage of these animals may be subject to conditions, which you can obtain from us on request.
- If accepted as Baggage, the animal and its crate will not be included in your free baggage allowance, but will constitute excess baggage, for which you will be charged the applicable rate.
- Guide dogs and their crates accompanying passengers with reduced mobility will be carried free of charge in addition to the normal baggage allowance, in accordance with our regulations, which are available on request.
- If carriage is not subject to the liability regime of the Convention, we will not be liable for any injury, loss, delay, illness or death of any animal which we have agreed to carry, unless such Damage is caused by us.
- We shall not be liable for injury, loss, delay, sickness or death of any animal carried, if such animal is not provided with all documents required by the authorities of the receiving or transit country and Passengers travelling with such animals shall reimburse us for any fines, losses, repairs and all other costs incurred by us as a result of such situation.
In the event that any of the items referred to in this Article are included in your Baggage, we shall have no particular responsibility for them.
We reserve the right:
- At any point of embarkation or intermediate point, to refuse to carry as Baggage the items listed in the above paragraph, or to refuse to continue to carry them, if we discover them during the journey.
- refuse to carry as Baggage any item because of its size, shape, weight, content, configuration or nature, or for operational, safety/security reasons or to preserve the comfort and convenience of
- Passengers. Information on this type of Baggage is available upon request.
- refuse to carry Baggage which we reasonably believe to be improperly packed or placed in unsuitable containers. Information on unsuitable packaging and containers is available upon request.
For security/safety reasons, we may ask you to agree to a search or any X-ray or other screening of you and/or your Baggage. If you are not available, your Baggage may be screened or searched in your absence for prohibited items or any weapons or ammunition not presented to us.
If you refuse to comply with such requests, we may refuse to carry you and your Baggage. If such inspection causes damage to the Baggage and its contents or to you, we will not be liable unless the damage is directly caused by us.
Once you have surrendered your Baggage to us at check-in, we will take custody of it and issue you a Baggage tag for each Baggage item checked. You will be required to affix your name or other form of personal identification to the Baggage.
Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless, for operational or safety/security reasons, we decide that it should be carried on another flight. If so, we will deliver the Baggage to you, unless applicable law requires you to be present for a customs inspection.
We may impose maximum dimensions and/or limits on the number of Baggage items you carry on board. If we have not specified anything, your Cabin Baggage must fit under the seat in front of you or in an enclosed storage area. Baggage that you wish to take with you in the cabin, but which we believe to be excessive in weight or size, unsafe or difficult to store, will not be accepted in the cabin and must be checked in at any time prior to flight departure.
Baggage/objects that are not to be carried in the cargo compartment (such as fragile musical instruments or other items) and are deemed to be bulky, will not be accepted for carriage in the cabin unless we have been duly notified in advance and have granted permission. Payment may be required for such service.
Article 9: Flight schedules, delays, cancellations
- The flight times shown in our programs may change between the date of publication and the date of your trip. We cannot guarantee them and they do not form part of your Contract of Carriage with us. 1. Except in the case of wilful misconduct or negligence on the part of the Carrier, the Carrier shall not be liable for any errors or omissions in timetables or other publications, or for any incorrect advice given by the Carrier’s employees, agents or representatives as to the date, time of departure or arrival or completion of a flight.
- Before we accept your reservation, we will advise you of the flight schedule valid on that date and indicate it on your Ticket. In some cases, we may need to change the schedule after we have issued your Ticket. If you provide us with a contact address, we will make every effort to notify you of any changes. If, after you have purchased your Ticket, we substantially change the flight schedule in a manner that is unacceptable to you and we are therefore unable to transfer you to a flight acceptable to you, you are entitled to a refund. The Carrier is entitled to arrange for a flight to be operated by another Carrier and/or aircraft and/or means of transport without prior written notice to you.
We will make all necessary arrangements to transport you and your Baggage on time. In making these arrangements and to avoid having to cancel a flight, we may be required to use an alternative aircraft or to use the services of another Carrier. – In the event of a cancellation of your flight, you will be offered the choice between :
- reimbursement of the ticket, within seven days, at the price at which it was purchased, for the part(s) of the trip not taken (or for the part(s) of the trip no longer required in relation to your initial travel plan), as well as, if applicable, a return flight to the initial point of departure as soon as possible * rerouting to your final destination, under comparable conditions of transportation, as soon as possible
- re-routing to your final destination, under comparable transportation conditions, at a later date, at your convenience, subject to seat availability. If this option is chosen, you will be responsible for the cost of hotels, accommodations, meals and other transportation expenses. In addition, we will offer you 10% of the pre-tax cost of your ticket as compensation. You are not entitled to compensation if the flight has been cancelled for reasons beyond the airline’s control, such as political instability, weather conditions, security risks, unforeseen failures that may affect the safety of the flight, technical problems or hazards, strikes or control tower decisions, the provision for payment of compensation is not applicable and the obligations described above may be limited or excluded.
- In the event of damage caused by delay, our liability for each passenger is limited to the full refund of the ticket or the amount corresponding to the journey not made if the passenger decides to cancel his or her journey even if the fare conditions stipulate that this type of ticket is non-refundable. However, Carrier shall not be liable for damage caused by delay if Carrier proves that Carrier, its servants and agents took all reasonable measures to avoid the damage, or that it was impossible for them to do so.
- If, for reasons of safety or force majeure, the aircraft has to be transferred to a place as close as possible to the place mentioned on the ticket, while the continuation of the flight is not foreseen within a reasonable period of time, the flight will be considered completed and the ticket price justified.
Refunds of a Ticket, in whole or in part, will be made in accordance with the applicable fare regulations, and under the following conditions:
- Except as otherwise provided in this Article, we shall be entitled to make refunds either to the person whose name appears on the Ticket or to the person who paid for the Ticket, provided that such person furnishes sufficient evidence of such payment.
- If a Ticket has been paid for by a person other than the Passenger named on the Ticket and if the Ticket contains a limitation on refund, we will make refunds only to the person who paid for the Ticket or to such person as that person may designate.
- If no limitation has been specified by the passenger named in the Ticket, and the Ticket has been paid for by a travel agency on behalf of the passenger, we may validly refund the Ticket to the travel agency that originally made the payment.
- The refund will be made only if you surrender the Ticket and all unused Flight Coupons to us.
- A refund made to a person who surrenders the Passenger Coupon or Passenger Receipt and all unused Flight Coupons to us, and who represents himself or herself as the person entitled to the refund in accordance with the above paragraphs, will be considered valid and will release us from all liability and any subsequent claim for refund.
If we cancel a flight or operate it at excessive delay from the scheduled time or if the flight does not stop at your voluntary stopover or destination or causes you to miss a connecting flight, within the limits of a single Contract of Carriage, the amount of the refund will be :
- equal to the fare paid, if no portion of the Ticket was used.
- at least the difference between the fare paid and the fare for the missed trip, if any portion of the Ticket has been used.
If you are entitled to a refund of your Ticket for reasons other than those stated in paragraph
of this section, the amount of the refund will be equal to :
- the fare paid, less a reasonable handling or cancellation fee, if no portion of the Ticket has been used.
- the difference between the fare paid and the fare applicable to the scheduled trip for which the Ticket was used, less a reasonable filing or cancellation fee, if any portion of the Ticket was used.
- Refunds under this paragraph
shall not be made where governmental requirements or any other contractual document between you and us exclude them. This is particularly true for Tickets marked “non-refundable”.
- Si vous perdez tout ou partie de votre Billet et que vous nous en fournissez une preuve suffisante, nous procédons à la mise en opposition de ce billet qui pourra être validé dès que vous le retrouvez et ce, dans un délai n’excédant pas 06 mois à 02 ans selon que celui-ci a été émis au tarif spécial ou au tarif normal.
- Nous pouvons refuser le remboursement :
- de tout Billet, après l’expiration de sa validité ;
- d’un Billet qui aura été présenté, à nous-mêmes ou aux autorités d’un pays, comme preuve d’intention de départ de ce pays, à moins que vous nous fournissiez une preuve, satisfaisante à nos yeux, que vous avez la permission de séjourner dans ledit pays ou que vous en repartirez par l’intermédiaire d’un Transporteur, selon l’article I ci-dessus, ou par un autre moyen de transport.
- de votre Billet, si vous n’avez pas été admis(e) par les autorités de destination ou de transit de votre voyage et si vous avez été de ce fait renvoyé(e) à votre point d’embarquement.
- d’un Billet dérobé, falsifié ou contrefait.
- de votre Billet, dans une monnaie différente de celle dans laquelle a été effectué le paiement.
- d’un Billet portant la mention “non remboursable”. – Sous réserve du droit en vigueur, nous nous réservons le droit d’effectuer le remboursement sous la même forme et dans la même monnaie que celles utilisées lors de l’achat du Billet.
- Si nous acceptons un remboursement dans une monnaie de remboursement différente de la monnaie de paiement, ce remboursement sera effectué à un taux de change et dans des conditions que nous déterminerons.
- Les remboursements sont effectués seulement par le Transporteur qui a initialement émis le Billet ou par un Agent Accrédité, s’il y est autorisé par ce Transporteur
- If you lose your Ticket or any part of it and provide us with sufficient proof, we will place a stop on the Ticket, which may be validated as soon as it is found, within a period of not more than 6 months to 2 years, depending on whether it was issued at a special fare or a normal fare.
- We may refuse to refund :
- any Ticket after the expiration of its validity ;
- a Ticket which has been presented to us or to the authorities of a country as evidence of your intention to depart from that country, unless you furnish us with evidence satisfactory to us that you have permission to remain in that country or that you will depart from that country by a Carrier, as provided in Article I above, or by other means of transportation.
your Ticket, if you have not been admitted by the destination or transit authorities of your journey and have been returned to your point of embarkation as a result.
- a stolen, forged or counterfeit Ticket.
- your Ticket in a currency other than the currency in which payment was made.
- a Ticket marked “non-refundable”. – Subject to applicable law, we reserve the right to issue refunds in the same form and currency in which the Ticket was purchased.
- If we accept a refund in a currency other than the currency of payment, such refund will be made at an exchange rate and under conditions to be determined by us.
- Refunds will be made only by the Carrier that originally issued the Ticket or by an Authorized Agent, if authorized by that Carrier
Article 11: Behavior on board
- If we reasonably believe that your conduct on board the aircraft endangers the aircraft, any person or property, or that you interfere with the crew’s ability to perform their duties, or that you fail to comply with the recommendations and instructions of the crew, particularly if these concern the use of tobacco, alcohol or drugs or you conduct yourself in a manner which causes or may cause discomfort or inconvenience to other Passengers, the crew, or Damage or injury to them, we may take such action against you, including coercion, as we deem necessary to prevent the continuation of
such conduct. You may be disembarked, denied carriage on subsequent journeys to any point in the network, and prosecuted for offences or any wrongdoing committed by you on board the aircraft.
- If, as a result of your conduct, we are forced to divert the aircraft to a destination not intended for your disembarkation, you will bear all costs associated with such diversion.
For safety reasons, we may prohibit or restrict the use on board the aircraft of electronic equipment such as, but not limited to, cellular telephones, laptop computers, radios, electronic games, radio-controlled games and transmitters, and any other electronic or recording equipment. However, hearing aids and pacemakers are not included in these categories.
Article 12: Provisions for additional services
- If, as part of a Contract of Carriage and subject to applicable law, we agree to make arrangements through third parties to provide you with additional services other than air travel or if we issue a Ticket or voucher for transportation or services (other than air travel), such as, for example, hotel reservations or car rentals, we shall be your agent only. The terms and conditions of carriage or sale of such third parties shall apply and we shall have no liability to you.
- If we provide land transportation, other terms and conditions of carriage and, in particular, other liability regimes, may apply to such surface transportation. Such conditions and regimes are available, upon request, from us or the Carrier providing the surface transportation, depending on the case.
Article 13: Administrative formalities
- You are responsible for obtaining all necessary documents for your trip, including visas, and for complying with all laws, regulations, orders, requests and other obligations in force in the countries of departure, destination or transit.
- We are not responsible for your failure to obtain visas and other entry documents or for your failure to comply with any applicable laws, regulations, orders, requests, requirements, rules or instructions. We are not responsible for any assistance or information provided by any of our Agents or employees to you or any other Passenger in connection with obtaining the necessary documents or visas or complying with such laws, regulations, directives, requirements or obligations, in writing or otherwise.
- Before departure, you must present all entry and exit documents, health and other documents required by the laws, regulations, orders, requests or other requirements of the countries concerned. We are entitled to make copies and keep them. We reserve the right to check these documents and to refuse carriage if you have not complied with these requirements or if your documents do not appear to be in order. A refund of the Ticket may be refused in the event of passenger fraud.
- If you are refused entry to a country, you must reimburse us for any fees or fines imposed on us by the authorities of that country, as well as the cost of your transportation from that country. The fare you paid for transportation to the country to which you were not admitted is not refunded.
- If we are required to pay any fine or penalty or incur any expenses whatsoever as a result of your failure to comply with the laws, regulations, by-laws, requests and other requirements of the countries concerned, or your failure to present the required documents, you shall reimburse us for any sums paid and any expenses so incurred. We may use the unused value of your Coupons or any other assets in our possession to cover such payments or expenses.
- You will be required to attend inspection of your Baggage by customs or other governmental authorities upon request. We assume no responsibility for any loss or damage resulting from such inspection or resulting from your failure to comply with this provision.
- You are required to submit to any security screening required by government or airport authorities, by another Carrier or by us. We assume no liability for any loss or Damage resulting from such inspection or resulting from failure to comply with this provision.
Article 14: Successive carriers
Carriage performed by us with other Carriers on the basis of a single Ticket or on the basis of additional Tickets shall be considered under the Convention as a single operation.
Article 15: Liability for damage
- Our liability and that of each Carrier involved in your journey is determined either by our General Conditions of Carriage or by those of the Carrier in question. Our own liability is described in the following provisions:
- Unless otherwise stated in these Conditions, international carriage, as defined in the Convention, is subject to the liability rules of the Convention.
- Any liability on our part for any Damage will be reduced if you have been negligent in causing or contributing to the Damage.
- We are liable only for Damage occurring on flights or flight segments for which our Designator Code is shown in the Carrier box of the Ticket for the flight or flight segment in question. If we issue a Ticket for carriage by, or accept Baggage on behalf of, another Carrier, we act only as the agent of that other Carrier. However, with respect to Checked Baggage, you have a right of recourse against the first or last Carrier. * We are not responsible for Damage to unchecked Baggage.
- We are not liable for Damage arising out of our compliance with, or your failure to comply with, any legal provisions or government regulations.
- Unless it results from acts or omissions committed with intent to cause damage or recklessly with knowledge that damage would probably result, our liability for damage to Checked Baggage is limited to a specified amount per kilogram per Passenger, We are liable for damage arising from the destruction, loss or damage of Checked Baggage, solely because the act which caused the destruction, loss or damage occurred on board the aircraft or during any period when the Checked Baggage was in the custody of the carrier. However, we shall not be liable if and to the extent that the damage results from the nature or inherent vice of the Baggage. If the weight of the Baggage is not shown on the Baggage Check, the total weight of the Checked Baggage is deemed not to exceed the free Baggage allowance for the class of carriage concerned.
- If a higher value for Checked Baggage is declared in writing and you have paid the applicable excess baggage charge, our liability is limited to such declared higher value.
- Except as otherwise provided in these Conditions, we are only liable to you for compensation for losses under the Agreement. Carrier shall not be liable for any indirect or consequential damages.
- We are not responsible for any Damage caused by your Baggage. You are responsible for Damage caused by your Baggage to other persons or property, including our own property.
- We are not responsible for Damage to or from items which under paragraph 8. b above does not qualify as Checked Baggage, including fragile or perishable items, foodstuffs, statues and works of art, medicines, banknotes or coins, keys, jewelry, precious metals, personal electronic devices (including laptops, computers, mobile phones, cameras, etc.), negotiable instruments, securities or other valuable documents, samples, business documents or other instruments of work, etc.), negotiable instruments, securities or other valuable documents, samples, documents of a professional nature or any other work instrument that is or can be considered as valuable, passports or other identity documents or any other object that is not suitable to be carried as Checked Baggage.
- In the case of damage to Baggage, the passenger must immediately after arrival complete the “Missing or Damaged Baggage on Arrival” form or other comparable form used by us in order to file a claim. All passengers claiming damage must be listed on the form. In case the said form is not filled in on time, the damage will be considered as not having occurred during the transport or not concerning the passenger, unless proof to the contrary is provided.
- We are not liable for illness, injury or disability, or death, resulting from your health or the deterioration of your health.
- The Contract of Carriage, including these Terms and Conditions of Carriage and limitations of liability, also applies to our Authorized Agents, employees and representatives to the same extent as it applies to us. The aggregate amount recoverable from us and such Authorized Agents, employees and representatives shall not exceed the amount for which we are, if any, liable.
Nothing in these Conditions of Carriage shall be construed as a waiver of any limitation or exclusion of liability under the Convention or applicable law, except as expressly provided in these Conditions of Carriage.
- If we are liable to you for death, injury or other bodily harm, the following provisions apply:
- For damage referred to in paragraph 1 of Article 17 of the Montreal Convention and not exceeding 100,000 SDRs per passenger, we cannot exclude or limit our liability.
- For damages exceeding 100,000 SDRs per passenger, we shall not be liable for damages referred to in said paragraph 1 of Article 17, if the damage is not due to the negligence or other wrongful act or omission of the Carrier, its servants or agents.
- We reserve the benefit of all exemptions provided for by the Montreal Convention and the national legislation in force. With respect to third parties, we reserve all rights of recourse against any person, and in particular, without limitation, rights of contribution and indemnity.
- For flights that we operate in code-share with another Carrier, we are liable to Passengers who have entered into a Contract of Carriage with us and on whose Ticket we appear as Carrier.
Article 16: Refus d’embarquement
In certain circumstances and under certain conditions, we may have to deny you boarding on one of our flights. When this denial of boarding is due to the fact that there are more passengers than expected on a given flight, we undertake to :
- check them in priority on the next available flight;
- refund the ticket, within seven days, at the price at which it was purchased, for the part(s) of the trip not taken (or for the part(s) of the trip no longer required in relation to your original travel plan), as well as, if applicable, offer a return flight to the original point of departure as soon as possible;
To be eligible, passengers must meet the following conditions:
- have a correctly issued Ticket and a confirmed reservation for the flight concerned according to the procedures applicable by our Authorized Agents or us;
- be present at check-in at the time specified by the air carrier, tour operator or travel agent or no later than forty-five minutes prior to the published departure time
- not be a Passenger travelling free of charge or at a discounted fare not directly or indirectly available to the public. If the next flight is not available until the following day, we will offer you compensation equal to 10% of the amount of your ticket, excluding taxes. However, some passengers, due to their age, health or other characteristics, will be given priority at check-in. These are unaccompanied minors and sick or disabled passengers.
- When the denial of boarding is not due to overbooking but for other reasons of health, safety, security or inadequate travel documents, we will not be obliged to offer assistance, compensation, refund or alternative transportation.
Article 17 – Time limits for claims and liability
- Acceptance of the Baggage by the holder of the Baggage Check without protest at the time of delivery means that the Baggage has been delivered in good condition, in accordance with the terms of the Contract of Carriage, unless the Passenger can prove otherwise. If you make a claim or bring an action for 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 your Baggage. If you file a claim or action for delay in delivery of your Checked Baggage, this period is extended to twenty-one (21) days from the day the Baggage was made available to you. All claims must be made in writing.
- Any liability action must be brought, under penalty of forfeiture, within two years from the date of arrival at destination, or from the day on which the aircraft was scheduled to arrive, or from the date on which transportation was stopped. The method of calculating the time limit shall be determined by the law of the court seized.
Article 18: Information on the identity of the operating carrier
Subject to the reservation, the air carriage contractor shall inform the passenger of the identity of the operating air carrier or carriers. Where the identity of the operating air carrier(s) is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier(s) as soon as possible and at the latest at check-in. If the operating air carrier(s) changes after the reservation has been made, the passenger will be informed of this change at the latest at the time of check-in.
Article 19: Applicable law
The Contract of Carriage and the related legal provisions shall be governed by Congolese law, unless the application of another national law is mandatory.
Article 20 : Modification and Omission
No agent, employee or representative of the Carrier shall have the authority to modify, adapt or omit any provision of these Conditions of Carriage.
Article 21 : Transport en charter
- Charter carriage is performed under a charter contract between the actual Carrier and the contracting Carrier (charter company, tour operator and/or tour operator) and is subject to the provisions of the charter contract.
- Charter tickets are not valid as long as the charter fare, including any taxes, charges, surcharges, increases and the like, is not paid by the contracting Carrier or does not comply with the payment rules laid down by the Carrier. Charter tickets are not refundable and cannot be endorsed. In the event of a refund, the refund will only be granted to the contracting Carrier, in accordance with the terms of the charter contract.
- Charter tickets are only valid for the dates indicated on the coupons. Depending on the availability of seats, departure and arrival dates may be changed, provided that the current fare is applied. As indicated on the ticket, other conditions may apply. * Charter tickets are subject to conditions that exclude and/or limit the passenger’s right to make reservations, changes and cancellations. IT (inclusive tours) tickets can only be used for packages that are subject to “all-inclusive flights” regulations.
Article 22: Other conditions
Your carriage and that of your Baggage is also subject to other regulations and conditions applicable to or adopted by us. These regulations and conditions are important and are subject to periodic changes. They include, but are not limited to: carriage of unaccompanied minors, pregnant women, passengers with disabilities and all other passengers requiring special assistance; restrictions on the use of electronic devices and articles; carriage of dogs and cats; check-in and boarding deadlines; baggage requirements and limitations. We can provide you with the regulations and conditions relating to these matters upon request.
Article 23: Interpretation
The headings of the various Articles of these General Conditions of Carriage are for information purposes only, and shall not be construed as meaning the text.
TRANS AIR CONGO