Article I - Definitions
For the purposes of these conditions and unless otherwise stated in the text, the following terms are used with the meanings indicated below:
Accredited Agent: Refers to a natural or legal person approved by the Carrier to represent it in the sale of passenger air transport tickets on the Carrier’s services and, if authorized to do so, on the services of other Carriers.
Entitled Person: Refers to the passenger or any person entitled to compensation on behalf of said passenger in accordance with applicable law.
Pets: Refers to a pet (dog or cat) accompanying the passenger, either in the cabin or in the hold, who is either the owner or a person responsible for the pet on behalf of the owner during the journey.
Baggage: Refers to the articles, effects, or other personal items of a passenger intended to be worn or used by them, necessary for their comfort and well-being during the journey. Unless otherwise specified, this term includes both checked and unchecked baggage of the passenger.
Checked Baggage: Refers to baggage that the carrier has accepted custody of and for which an Identification Tag has been issued.
Unchecked Baggage: Refers to any baggage of the passenger other than checked baggage. This baggage remains under the passenger’s custody.
Ticket: Refers to a valid document establishing the right to transport, either in the form of an “individual or collective transport document” or by an equivalent means in intangible form, issued or authorized by the air carrier or its accredited agent, and possibly supplemented by an identification tag for checked baggage. It embodies the Transport Contract and, as such, includes these general conditions of carriage. It includes passenger notices as provided for in the Convention.
Supplementary Ticket: Refers to a ticket issued due to the large number of coupons in a principal ticket, constituting a single transport contract.
Electronic Ticket: Refers to the ticket stored by the carrier or at its request by a computerized reservation system, evidenced by the travel memo (also called "itinerary/receipt"), the electronic flight coupon, or any other equivalent document issued by the carrier or an accredited agent.
Carrier Designator Code: Refers to the code assigned by IATA, identifying each carrier member of this organization with two or more alphabetical, numerical, or alphanumerical characters shown on the ticket next to the flight number.
General Conditions of Carriage: Refers to these general conditions of carriage.
Charter Agreement: Refers to the operation by which the Contracting Carrier (Contractual Carrier) delegates to another Carrier (Actual Carrier) the responsibility to perform all or part of the transport. It also refers to the commercial agreement by which any other contractor of the Passenger (for example, a travel organizer) entrusts a Carrier with the responsibility of providing all or part of the transport.
Transport Contract: Refers to the declarations on the ticket identified as such and including these general conditions of carriage and passenger notices. Specific rules may apply; they are accessible from the carrier’s website in the relevant market.
Convention: Refers to each of the following official documents applicable to the transport contract :
- The Convention for the Unification of Certain Rules Relating to International Air Transport, signed in Warsaw on October 12, 1929;
- The Hague Protocol of September 28, 1955, amending the Warsaw Convention;
- The Guadalajara Supplementary Convention, of September 18, 1961;
- Montreal Protocols No. 1, 2, and 4 (1975), amending the Warsaw Convention;
- The Convention for the Unification of Certain Rules for International Air Transport, signed in Montreal on May 28, 1999.
Coupon: Refers to either a paper flight coupon or an electronic coupon, each bearing the name of the passenger scheduled to fly on the identified flight.
Flight Coupon: Refers to the part of the ticket bearing the mention “good for transport” or, in the case of an electronic ticket, the electronic coupon indicating the points between which the passenger must be transported.
Passenger Coupon or Passenger Receipt: Refers to the part of the ticket issued by the carrier or on its behalf, identified as such, and which must be retained by the passenger.
Electronic Coupon: Refers to an electronic flight coupon or any other equivalent document stored in digital form in the carrier’s reservation system.
Special Declaration of Interest: Refers to the declaration made by the passenger when handing over checked baggage, specifying a value higher than the limit of liability set by the Convention, and subject to the payment of an additional amount.
Damage: Covers harm in the event of death or bodily injury that a passenger may suffer or resulting from delay, total or partial loss, or any other harm arising from or directly related to air transport as defined herein.
Special Drawing Right (SDR): Refers to a unit of account of the International Monetary Fund (IMF), whose value is periodically determined by it based on the exchange rate of several reference currencies.
Intermediate Stops: Refers to points, except for the points of origin and destination, indicated on the ticket or mentioned in the carrier’s schedules as planned stops on the passenger’s itinerary.
Baggage Tag: Refers to the part of the identification slip attached to checked baggage.
Identification Tag: Refers to a tag issued by the carrier solely for the identification of checked baggage, comprising a part attached to the baggage (“baggage tags”) and another given to the passenger for the identification of said baggage (“baggage receipt”).
Force Majeure: Refers to extraordinary and unforeseeable circumstances beyond the control of the one invoking it, which could not have been avoided despite all due diligence.
Issuance Fees or "Ticketing Fees": Refers to fees charged, where applicable, to the passenger by the carrier or its accredited agent in return for the ticket issuance service. Their amount is set by the ticket issuer (the carrier or the accredited agent, as the case may be).
Modification Fees: (see “Service Fees”)
Refund Fees: (see “Service Fees”)
Service Fees: Refers to fees charged, where applicable, to the passenger by the carrier and/or its accredited agent, particularly in return for the modification (“Modification Fees”), reissuance (“Reissuance Fees”), or refund (“Refund Fees”) of a ticket. The passenger is informed by the carrier of the applicable Service Fees before finalizing their reservation. The amount of these fees is available from the carrier or its accredited agent.
Baggage Allowance: Refers to the maximum quantity of baggage (in number and/or weight and/or dimension) set by the carrier with which each passenger can travel.
Check-in Deadline (CID): Refers to the latest time, indicated for each flight, by which the passenger must have completed check-in formalities and received their boarding pass or boarding access.
Schedules or “Timetable Indicators”: Refers to the listing of aircraft departure and arrival times, as mentioned in the timetables published by the carrier or under its authority or made available to the public electronically.
IATA (International Air Transport Association): Refers to the International Air Transport Association, established in April 1945 in Montreal, whose mission is to promote safe, regular, and economical air transport, encourage air commerce, and study related issues.
Itinerary/Receipt: (see "Travel Memo")
Days: Refers to calendar days, including the seven days of the week, provided that, in the case of notification, the day of sending is not counted and that, for determining the validity period of a ticket, the day of ticket issuance or flight departure is not counted.
Travel Memo or "Itinerary/Receipt": Refers to one or more documents issued by the carrier to the passenger, confirming the issuance of an electronic ticket and containing their name, flight information, and passenger notices.
Passenger Notification: Refers to the set of information provided to passengers by the carrier, particularly relating to the course of the journey, possible schedule or date changes for flights, delivered via SMS, email, phone call, publication on the website www.airmoana.pf, and any other means of communication.
Security Object: Refers to any object that, for safety or security reasons, cannot be admitted in the cabin under applicable regulations/laws.
ICAO (International Civil Aviation Organization): Refers to the International Civil Aviation Organization, a specialized and autonomous United Nations institution, responsible for establishing the global regulatory framework for international civil aviation safety.
Passenger: Refers to any person, other than crew members, transported or to be transported by aircraft, with the carrier’s consent (with a ticket).
Passenger with Reduced Mobility: Refers to any person whose mobility is reduced when using a mode of transport due to a physical disability (sensory or motor, permanent or temporary), intellectual impairment, age, or any other cause of disability and whose condition requires special attention and adaptation of the services provided to all passengers.
Person Entitled to Compensation: Refers to the passenger or any person entitled to compensation on behalf of said passenger in accordance with applicable law and these General Conditions of Carriage.
Baggage Receipt: Refers to the part of the identification slip issued to the passenger by the carrier related to the transport of checked baggage.
Passenger Receipt: (see “Passenger Coupon”)
Carrier’s Regulations: Refers to all rules other than these conditions published by the carrier and in force at the ticket issuance date, relating to the transport of passengers and/or baggage, including all applicable fares on that date.
Reservation: Refers to any transport request made by a passenger recorded by the air carrier or its accredited agent.
Website: Refers to the website www.airmoana.pf
Tag: (see “Baggage Tag”)
Fares: Refers to the fare for transport reserved by the passenger, in a booking class, for specified routes, flights, and, if applicable, dates.
Ex-Tax Fare or “HT Fare”: Refers to the fare charged to the passenger, excluding taxes and issuance fees.
All-Taxes-Inclusive Fare or “TTC Fare”: Refers to the HT fare plus taxes.
Taxes: Refers to fees, taxes, and charges imposed by a government, airport operator, or any other authority.
Air Transport: Refers to the transport by aircraft of the passenger and their baggage within the meaning of the applicable Convention.
Carrier: Refers to Natireva operating under the brand name "Air Moana" or any other carrier, whose designator code appears on the ticket or on a supplementary ticket.
Domestic Flight or Internal Flight: Refers to any flight whose origin and destination are within French Polynesia.
International Flight: Refers, within the meaning of the Convention, to any flight for which the point of departure and the point of destination, and possibly the stopover point, are located within the territory of at least two States, regardless of intermediate stops or aircraft changes, or within a single State if an intermediate stop is planned in another State.
Article II - Scope of Application
1. General Provisions:
The conditions of the transport contract are those referred to in the passenger's ticket. Subject to the provisions in section 2 below, these General Conditions of Carriage apply to any flight, or portion of a flight, for which an Air Moana flight number (designation code NM) appears on the ticket or the corresponding coupon.
These General Conditions of Carriage also apply to transportation offered free of charge or at a reduced fare, unless otherwise provided in the transport contract or in any other contractual document that links Air Moana to the passenger.
All transport is subject to the carrier's General Conditions of Carriage and fare rules in effect at the time of the passenger's booking.
These General Conditions of Carriage are established in accordance with the Montreal Convention of May 28, 1999, and the applicable European Community law relevant to Air Moana.
These General Conditions of Carriage are available for consultation with Air Moana or its accredited agents and are accessible on the Air Moana website.
2. Charter Operations:
If the transport is performed under a charter agreement, these Conditions apply only to the extent that the terms of the charter agreement and the charter ticket refer to them.
3. Precedence of Law:
Insofar as any provision contained in or referred to in these Conditions contradicts applicable laws, regulations, requirements, or government orders that cannot be waived by agreement between the parties, such provision shall not apply. The invalidity of any such provision shall not affect the validity of the other provisions.
Article III - Tickets
1. General Provisions:
a. The ticket serves as proof, unless proven otherwise, of the existence of a transport contract, both in its conclusion and its content, between the carrier and the passenger whose name appears on the ticket.
b. The transportation service is provided only to the passenger(s) named on the ticket. The carrier reserves the right to verify the identity of these passengers. The passenger must be able to justify their identity, as well as the identity of those for whom they are responsible, at any time during the journey.
c. A ticket is non-transferable, subject to applicable regulations, particularly regarding package tours. If another person presents a ticket for transportation or refund, the carrier assumes no liability if, in good faith, it transports or refunds the person presenting the ticket.
d. Certain tickets, sold at specific fares, are partially or entirely non-modifiable and/or non-refundable. It is the passenger's responsibility, at the time of booking, to be aware of the conditions applicable to the use of their ticket and, if necessary, to obtain appropriate insurance to cover situations in which they may need to cancel or change their trip.
e. The ticket is subject to mandatory formal conditions and remains the property of the issuing carrier at all times.
f. Except for an electronic ticket, the passenger can only be transported if they present a valid ticket containing the coupon for the relevant flight and the unused flight coupons, as well as the passenger coupon. Additionally, a ticket that has been damaged or altered by someone other than the carrier or its authorized agents will not be valid for travel. For an electronic ticket, the passenger must provide identification and can only be transported if a valid electronic ticket has been issued in their name.
g. In case of loss or damage to all or part of the ticket, or failure to present a ticket containing the passenger coupon and all unused flight coupons, the carrier will replace, upon request from the passenger, all or part of the ticket. This replacement will be made by issuing a new ticket, provided that the carrier has proof at the time of the request that a valid ticket was issued for the relevant flight(s). If the passenger cannot provide the above-mentioned proof, the issuing carrier may charge the passenger the total fare (including taxes) for the replacement ticket. This payment will be refunded if the carrier subsequently receives proof that the lost or damaged ticket was not used during its validity period or if the passenger returns the ticket during its validity period after having found it.
h. It is the passenger's responsibility to take all necessary measures to prevent the ticket from being lost or stolen.
i. If the passenger benefits from a discounted fare or a fare subject to specific conditions, they must be able, at any time during the journey, to provide the required documents justifying the application of this specific fare and demonstrate its validity. Failing that, a fare adjustment corresponding to the difference between the initially paid fare (including taxes) and the fare (including taxes) that should have been paid will be made, or the passenger may be denied boarding.
2. Validity Period:
a. Unless otherwise specified in the ticket, in these General Conditions of Carriage, or in the case of fares affecting the validity of a ticket as indicated to the passenger at the time of purchase or on the ticket itself, a ticket is valid for transport:
- One year from the date of issuance or;
- One year from the date of use of the first coupon, if this occurs within one year of the ticket’s issuance date.
b. When a passenger holding a valid ticket is unable to travel within the ticket’s validity period because the carrier is unable to confirm the passenger’s desired reservation:
- The ticket’s validity will be extended;
- The total fare (including taxes) of the ticket will be refunded, as provided in Article 14 below, even if the ticket is non-refundable;
- The passenger may accept a fare adjustment as applicable.
c. When, after starting their journey, a passenger is prevented, for health reasons, from continuing within the ticket’s validity period, the carrier may extend the ticket’s validity until the date when the passenger can resume travel or until the date of the first available flight, provided the passenger presents a medical certificate proving the health reasons that prevented the continuation of travel, and these health reasons were unknown at the time of booking. The extension mentioned above will only apply from the point where the journey was interrupted and will be for transportation in the class originally paid for. If the unused flight coupons include one or more voluntary stopovers, the ticket’s validity may be extended by up to three months from the date indicated on the submitted medical certificate. Similarly, Air Moana may extend, upon request, the validity of the tickets of close family members accompanying the passenger, subject to the proof conditions defined above.
d. In the event of a passenger’s death during their journey, the tickets of accompanying persons may be modified by waiving the minimum stay requirement or extending the validity of those tickets. In the event of the death of a close family member of a passenger who has already started their journey, the validity of their tickets and those of their close family members traveling with them may be similarly modified. Any of the above modifications can only be made upon receipt of a proper death certificate. The above extension will only apply from the point where the journey was interrupted and will be for transportation in the class originally paid for. Any extension shall not exceed forty-five (45) days from the date of death.
3. Force Majeure Invoked by the Passenger:
If the passenger holds a ticket as described in Article III.1(d) above, which they have not used or have partially used, and they are unable to travel due to force majeure as defined in Article 1, the carrier will issue the passenger a credit corresponding to the total fare (including taxes or excluding taxes if the taxes are refunded separately) of their non-refundable and/or non-modifiable ticket, valid for one year, for future travel on the carrier’s flights, subject to applicable service fees, provided that the passenger notifies the carrier as soon as possible and provides proof of the force majeure event.
4. Flight Coupon Sequence:
The rules defined in this section may vary depending on the place of residence, origin, and destination of the journey.
a. The total fare (including taxes) set based on the flight data, dates, and routes mentioned on the ticket corresponds to a starting point and a destination point, via any intermediate stopovers specified when purchasing the ticket, and forms an integral part of the transport contract. The fare applied at the issuance date is only valid for a ticket used entirely in the sequential order and dates of the reserved itinerary (sequential order of flight coupons).
b. Except in cases of force majeure, any non-compliant use by the passenger (e.g., if they do not use the first coupon or do not use the coupons in their issuance order) will result in a flat fare supplement to be paid at check-in for the next coupon (from 30 hours before departure) at the customer service desk, an Air Moana agency, or the airport.
5 Passenger-Requested Modifications:
Modifications are subject to the fare conditions applicable to the ticket and the payment of applicable service fees.
6 Carrier Identification:
The carrier’s identification may appear in abbreviated form on the ticket through its designator code (as defined in Article I). The carrier’s address is considered to be that of its headquarters or main place of business.
Article IV - Fares - Taxes and Charges
1. Fares:
The fares for tickets apply exclusively to the transportation from the airport at the point of origin to the airport at the point of destination, unless otherwise specified. The fare is calculated according to the fares in effect on the booking date, for travel on the dates and for the itinerary indicated on the ticket. Any change in itinerary or travel dates may affect the applicable fare. The applicable fares are those published by the carrier or calculated by the carrier according to the fare rules in effect on the purchase date of the ticket, for the indicated flight(s) from the point of departure to the point of destination, for a given class of service. At the time of booking, the passenger is informed of the total fare (including taxes) and the issuance fees, as well as the overall price of the ticket (including the total fare and issuance fees).
2. Fees, Taxes, and Charges:
All fees, taxes, or charges imposed by a government, any other authority, or an airport operator are payable by the passenger. When booking the ticket, the passenger will be informed of these fees, taxes, or charges, which are added to the net fare and displayed separately on the ticket. These fees, taxes, and charges may be created or increased by a government, another authority, or an airport operator after the ticket’s booking date. In such a case, the passenger will be required to pay the corresponding amount. Conversely, if fees, taxes, or charges are reduced or eliminated, the passenger will be refunded the reduced or eliminated amounts under the conditions defined in Article XIV. If the passenger chooses not to travel on a flight for which they hold a confirmed reservation, they will be entitled to a refund of these taxes, airport charges, and other fees linked to the passenger’s actual boarding as per applicable regulations.
3. Issuance Fees Charged by the Carrier:
Issuance fees may be charged to the passenger by the carrier in exchange for the ticket issuance service. The issuance fees vary depending on the fare and distribution channel used for the ticket. These fees are in addition to the total fare. Issuance fees charged by the carrier are non-refundable, except in cases where the ticket is canceled due to a fault of the carrier. The passenger is informed of the issuance fees before finalizing their booking. The amount of the issuance fees charged by Air Moana is available from its services and on its website.
4. Currency of Payment:
The net fare, taxes, issuance fees, and service charges are payable in the currency of the country where the ticket was purchased, unless another currency is specified by the carrier or its accredited agent at the time of ticket purchase or beforehand (for example, due to the non-convertibility of the local currency). Additionally, the carrier may, at its discretion, accept payments in another currency.
5. Manifest Error in Pricing - Fare Error:
The carrier draws the passenger’s attention to the possibility of pricing errors affecting the fare of the booking. In accordance with applicable law, the carrier may cancel any booking in the event of a display error or technical error that renders the booking price manifestly incorrect or insignificant.
Article V - Reservations
Reservation Requirements:
Certain fares may be subject to conditions that limit or exclude the possibility of modifying or canceling reservations. If the passenger has not paid for their ticket by the ticketing deadline indicated by the carrier or its authorized agent, the reservation may be canceled, and the seat may be allocated to another passenger without the carrier assuming any liability.
The passenger must provide the carrier, at the time of booking or no later than at check-in, with a mobile phone number or email address where they can be contacted. When the reservation is made through an authorized agent, the passenger agrees that this information will be shared with the carrier by the authorized agent. The passenger is informed that if these contact details are not provided to the carrier, they will not be able to exercise their right to receive information in the event of flight disruptions.
Air Moana provides an online booking tool available on its website. However, certain special services cannot be booked online. For more information, passengers are advised to contact the Air Moana agency or the remote sales team.
Article VI - Personal Data
The data provided by the passenger is primarily used for purposes related to reservation and ticket purchase, specific services related to the transportation service, marketing, loyalty programs, promotional activities, commercial information, and statistical analysis. The collected data may be shared with authorized personnel of the carrier, its partners, or its service providers, in connection with the execution of all or part of the purposes mentioned above, regardless of the country in which they are located.
Personal data is processed in accordance with the carrier's privacy policy and, when the reservation is made via a Global Distribution System (GDS), according to its privacy policy. These policies are available directly from the carrier or the GDS. Air Moana advises passengers to review these policies, which apply to their booking and specify how their personal data is collected, stored, used, disclosed, and transferred.
In accordance with Article L.232-7 of the French Internal Security Code, the carrier may be required to transmit passenger reservation, check-in, and boarding data (API/PNR) to French authorities, according to the processing methods and purposes set out in Decree No. 2014-1095 of September 26, 2014, as amended by Decree No. 2018-714 of August 3, 2018.
Article VII - Special Assistance
The transport of unaccompanied minors, passengers with reduced mobility, sick passengers, or any other individuals requiring special assistance may be subject to specific conditions. Passengers are advised to inform the carrier of any disabilities or special assistance needs at the time of booking. If a request for special assistance is made after the reservation or, as per applicable regulations, less than 48 hours before departure, the carrier will make every effort to accommodate the request in compliance with applicable regulations, considering the time available and the specific nature of the requested assistance. If a passenger has a medical history or a particular health condition, it is their responsibility to consult a doctor before boarding a flight and to take all necessary precautions for a safe and comfortable journey.
Article VIII - Check-In / Boarding
Check-In Deadlines (CID):
Check-In Deadlines (CID) vary from one airport to another. Passengers must strictly adhere to the CID to ensure a smooth journey and avoid cancellation of their reservations. The carrier or its authorized agent will provide the passenger with the necessary information regarding the CID for the first flight on its routes.
Passengers are required to arrive at the airport sufficiently in advance of their flight departure to complete all necessary formalities and, in any case, must respect the CID. Failure to do so, or if the passenger does not present the documents required for check-in, resulting in an inability to travel, the carrier may cancel the passenger's reservation without any liability.
Passengers must be present at the boarding gate by the boarding time indicated at check-in. If a passenger does not arrive at the boarding gate within the specified time, the carrier may cancel the passenger’s reservation without any liability.
The carrier’s liability cannot be sought in any manner, particularly for any loss, damage, or expense, if the passenger has not complied with the conditions set forth in this article.
Article IX - Refusal and Limitation of Transport
The carrier may, at any point of embarkation and/or transfer, refuse to transport the passenger and their baggage if one or more of the following situations has occurred or is likely to occur:
a. The passenger has not complied with applicable regulations.
b. The transport of the passenger and/or their baggage could endanger the safety, health, cleanliness, or good order on board the aircraft, especially if the passenger engages in intimidation, exhibits abusive or insulting behavior, or uses inappropriate language toward other passengers or the crew.
c. The physical or mental state of the passenger, including a state caused by alcohol consumption, drug use, or medication, could pose a risk or danger to themselves, other passengers, the crew, or property.
d. The passenger has threatened the interests of the carrier and its staff or has compromised or attempted to compromise their safety or that of other passengers, particularly during ticket booking, check-in, or boarding, on board a flight, or during a previous flight. In such cases, the carrier is entitled to cancel any unused portion of the ticket, subject to applicable regulations, and refund the amount paid by the passenger or only the applicable taxes.
e. The carrier has notified the passenger in writing that they are on a list of individuals prohibited from boarding the carrier’s aircraft for future travel across its network. In such cases, the unused ticket will be refunded, even if the ticket is non-refundable.
f. The passenger is unable to prove that they are the person named in the "passenger name" box on the ticket.
g. The passenger (or the person who paid for the ticket) has not paid the applicable fare, issuance fees, and/or required taxes.
h. The passenger appears not to possess valid travel documents, or their travel documents are expired, incomplete under current regulations, or fraudulent (e.g., identity theft, falsification, or counterfeit documents).
i. The ticket presented by the passenger: - Was acquired fraudulently or purchased from an entity other than the carrier or its accredited agent, or - Has been reported as lost or stolen, or - Has been falsified or counterfeited, or - Contains a flight coupon that has been damaged or altered by someone other than the carrier or its accredited agent.
j. The passenger refuses to pay any additional fare and/or service fees.
k. The passenger refuses to pay a fare supplement.
l. The passenger has not complied with safety or security instructions and regulations.
m. The passenger, who benefits from a discounted fare or a fare subject to specific conditions, is unable to present the required documents justifying the application of that specific fare and refuses to pay the fare adjustment.
Article X - Baggage
1. Passenger Obligations:
a. The passenger declares that they are fully aware of the contents of each of their baggage items.
b. The passenger agrees not to leave their baggage unattended from the moment it is packed and to refrain from accepting items from another passenger or any other person.
c. The passenger agrees not to travel with baggage entrusted by a third party.
d. Passengers are advised to ensure that their baggage is properly and securely packed and protected in suitable containers to avoid damage to their own belongings, the belongings of other passengers, or the carrier's aircraft.
2. Prohibited Items:
The passenger must not include in their baggage any item whose transport is prohibited or restricted by applicable regulations and the law in force in any country of departure, overflight, or transit, including but not limited to:
a. Items that could pose a danger to the aircraft, persons, or property on board, such as those specified in the dangerous goods regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the carrier’s regulations, where applicable (additional information is available upon request from the carrier’s services). This includes explosives, compressed gases, oxidizing, radioactive, or magnetized substances, flammable substances, toxic or corrosive substances, and liquids of any kind (except liquids carried in hand luggage for personal use during the journey).
b. Items whose weight, dimensions, configuration, or nature make them unsuitable for transport given the type of aircraft used. Information regarding these items will be provided to the passenger upon request.
c. Firearms and ammunition, except those intended for hunting or sporting purposes, which, to be accepted as checked baggage, must be unloaded, properly packed, and have the safety lock engaged. The transport of ammunition is subject to the dangerous goods regulations of ICAO and IATA, as indicated in paragraph (a) above.
d. Sharp or stabbing weapons, aerosols that could be used as offensive or defensive weapons, collectible weapons, swords, knives, and other such items. These types of items are not allowed in the cabin under any circumstances.
e. Live animals, except pets, and subject to the conditions specified in Article IX.
3. Right of Inspection:
For security and/or safety reasons, or at the request of authorities, the passenger may be asked to undergo a search or inspection (e.g., X-ray or other) of their baggage. If the passenger is unavailable, their baggage may be inspected or searched in their absence, particularly to check for items listed in Article II above. If the passenger refuses to comply with such requests, the carrier may refuse to transport the passenger and their baggage.
4. Right to Refuse Baggage Transport:
The carrier may refuse to transport or continue to transport the passenger’s baggage for security and/or safety reasons if it contains any of the items listed in Article II above or if the passenger has not complied with the obligations defined in Article I (a), (b), and (c).
a. The carrier has no obligation to store baggage and/or items that have been refused.
b. The carrier may refuse to transport any item incompatible with air transport due to its dimensions, shape, weight, content, configuration, or nature, or refuse to continue transporting it if discovered during the journey.
c. The carrier may refuse to transport baggage for which the passenger has refused to pay the additional fare.
d. The carrier will not accept the transport of animals without the required documentation as per applicable regulations.
e. The carrier may refuse to transport baggage that has not been handed over by the passenger before the Check-In Deadline (CID).
5. Checked Baggage:
a. The passenger must hand over their baggage for check-in at the carrier’s counters before the CID.
b. Once the passenger has checked in their baggage as mentioned above, the carrier will take custody of it and issue a baggage receipt for each checked baggage item.
c. The passenger must label their checked baggage with their personal contact information.
d. Checked baggage will, whenever possible, be transported on the same aircraft as the passenger, unless for operational or security/safety reasons, the carrier decides it must be transported on another flight. In such cases, the carrier will deliver the baggage to the passenger unless applicable regulations require the passenger to be present for customs inspection.
e. Checked baggage must be properly packed to protect its contents and withstand normal handling.
f. Subject to applicable regulations, the passenger should not include in their baggage fragile or perishable items or valuable items such as currency, jewelry, artwork, precious metals, silverware, securities, or other valuable objects, optical or photographic equipment, computers, electronic and/or communication devices, musical instruments, passports and identification documents, keys, business papers, manuscripts, or titles.
g. Subject to applicable regulations, it is recommended that the passenger does not include medications in their checked baggage.
6. Baggage Allowance:
a. The baggage allowance corresponds to the transport in the hold of a limited quantity of baggage determined by the number, weight, and/or dimensions, depending on the destination and fare paid, and is indicated on the ticket.
b. Passengers may travel with checked baggage exceeding the baggage allowance, subject to payment of an additional fare and the aircraft’s capacity. Conditions related to this additional fare are available from the carrier, its accredited agents, and on the Air Moana website.
c. In any case, checked baggage cannot exceed a maximum weight per passenger. Information regarding this maximum weight is available from the carrier, its accredited agents, and on the Air Moana website.
d. Passengers can obtain all relevant information regarding baggage allowance from the carrier, its accredited agents, and on the Air Moana website.
7. Baggage Retrieval and Delivery:
a. It is the passenger’s responsibility to retrieve their checked baggage as soon as it is made available at the points of destination or voluntary stopover. If the passenger does not retrieve it within three months from when it was made available, the carrier may dispose of it without any liability to the passenger.
b. Only the holder of the baggage receipt is authorized to retrieve the checked baggage.
c. If a person claiming baggage cannot produce the baggage receipt, the carrier will only deliver the baggage if that person satisfactorily proves their right to it.
d. Acceptance of the baggage by the holder of the baggage receipt without complaint at the time of delivery constitutes a presumption, unless proven otherwise, that the baggage has been delivered in good condition in accordance with the transport contract.
8. Unchecked Baggage:
a. Every ticket allows the transport in the cabin of a small quantity of unchecked baggage limited in number, weight, and/or dimensions. If these details are not specified to the passenger, only one piece of unchecked baggage will be accepted, and the baggage must be able to fit under the seat in front of the passenger or in a closed storage compartment. If the carrier requires the baggage to be checked due to non-compliance with these conditions, an additional fee may be charged.
b. Some baggage that the passenger wishes to keep in the cabin may, for security and/or safety, operational, or aircraft configuration reasons, be refused in the cabin and must be checked as baggage.
c. The passenger is responsible for the personal effects and unchecked baggage they retain in the cabin. In case of destruction, theft, loss, or damage to personal effects and unchecked baggage, the carrier’s liability will only be engaged if proven to be at fault, limited to the amount specified in the general conditions of carriage.
9. Pets:
a. The transport of pets traveling with the passenger is subject to the carrier’s prior and explicit acceptance.
b. The number of pets allowed per flight and per passenger is limited.
c. Under applicable regulations, certain categories of pets are prohibited from being transported. Information on these categories is available upon request from the carrier, its accredited agents, and on the Air Moana website.
d. The passenger must provide the required documents for their pet as demanded by the authorities at the point of departure, entry, or transit, such as passports, health certificates, vaccination records, and entry or transit permits.
e. Pets and their carriers are not included in the baggage allowance; the passenger must pay an additional fare, with the conditions available from the carrier.
f. Assistance dogs and their carriers accompanying passengers with reduced mobility will be transported free of charge, in addition to the baggage allowance, in accordance with the carrier’s rules available upon request.
g. In case of fraud, lack of required documents, or if the carrier for the pet is non-compliant, the carrier assumes no liability for injuries, losses, delays, illnesses, or deaths of pets due to such failures unless caused by the carrier’s fault or negligence. Passengers traveling with non-compliant pets will be responsible for any fines, losses, repairs, and costs incurred due to such situations.
h. Passengers can obtain all relevant information regarding pet transportation, including additional fare information, from the carrier, its accredited agents, and on the Air Moana website.
10. Pets Traveling in the Cabin:
a. Only pets and their carriers that do not exceed the weight limit set by the carrier can be accepted in the cabin. Assistance dogs will be accepted in the cabin, subject to applicable regulations.
b. The pet must be placed in a specially designed, closed carrier that completely contains the animal and allows it to stand, turn around, and breathe easily and freely.
c. The passenger agrees not to remove the pet, even partially, from its carrier during the entire flight.
11. Pets Traveling in the Hold:
The pet must be placed in a rigid plastic or fiberglass "shell" carrier approved by IATA (International Air Transport Association).
Article XI - Schedules
The flight schedules and times indicated in the timetable guides are not contractually binding and are intended solely to inform the passenger about the flights offered by the carrier. These schedules are not final and may be subject to change after their publication date.
However, the flight times shown on the ticket are considered, subject to changes due to reasons beyond the carrier’s control, to be an integral part of the transport contract.
It is the passenger's responsibility to provide the carrier with their contact information so they can be informed of any schedule changes as shown on the ticket.
Article XII - Delays and Cancellations
The carrier will make every effort to transport the passenger and their baggage without delay. In this regard, and in order to avoid canceling the trip, the carrier may offer the passenger transportation on another aircraft or arrange for the journey on the flights of another carrier and/or by any other means of transport, including to/from another airport.
In the event of flight cancellation or delay, and where the passenger holds a single transport contract (as defined by the applicable convention), the carrier will implement all relevant regulatory provisions.
Subject to applicable law, the carrier will only handle compensation claims submitted by a third party (other than the passenger’s legal representative for minors or incapacitated adults, or another passenger listed in the same booking) if the passenger has first submitted their claim through the form available on the carrier’s website and has allowed a 28-day period for a response.
This does not prevent the passenger from seeking advice from a lawyer or a third party before submitting their claim directly to the carrier.
The passenger or their legal representative agrees not to assign any rights to compensation, damages, or reimbursement they may hold against the carrier. Subject to applicable law, any assignment of such rights to a third party will be considered null and void.
In accordance with the carrier’s procedures, compensation payments will be made by bank transfer to the passenger’s or their legal representative’s bank account.
Article XIII - Overbooking
If, due to scheduled overbooking, the carrier is unable to provide a seat to the passenger, despite the passenger holding a confirmed reservation, a valid ticket, and having presented themselves for check-in and boarding within the required time and conditions, the carrier will grant the compensation provided, if applicable, under the relevant regulations.
Article XIV - Refunds
Refunds for a ticket, in whole or in part, will be made according to the terms set forth in this article, in accordance with the ticket's fare conditions and, in any case, the applicable regulations.
If the fare conditions allow for a refund, it will be based on the total price paid for the ticket, including taxes.
Requests for ticket refunds must be submitted to the original ticket issuer (the carrier or accredited agent, as applicable).
The carrier may refuse to refund any ticket if:
a. The request is made after the expiration of the ticket's validity.
b. The ticket was required by law or regulation as proof of onward travel for entering or exiting a country, unless the passenger can provide sufficient proof that they are authorized to stay in the country or will be leaving by another carrier or mode of transport.
c. The ticket holder was denied entry by the authorities at the destination or transit point and was therefore returned to the point of embarkation or another destination.
d. The ticket is stolen, forged, or counterfeit.
e. The carrier has refused to transport the ticket holder, except when the passenger is listed as prohibited from boarding the carrier’s aircraft.
Refunds are subject to the applicable regulations of the country where the ticket was originally purchased and/or the regulations of the country where the refund is to be made.
Article XV - Conduct Onboard
Onboard the aircraft, a passenger must not engage in behavior that may disturb, inconvenience, threaten, or endanger any person, property, or the aircraft itself. In this regard, the passenger must not obstruct the crew from performing their duties and must comply with the crew’s instructions, directions, and recommendations intended to ensure the safety and security of the aircraft, the smooth operation of the flight, and the comfort of passengers.
For safety reasons, the carrier may prohibit or restrict the use of electronic devices onboard, such as mobile phones, laptops, portable recorders, portable radios, electronic games, or transmitting devices, as well as any radio-controlled games and walkie-talkies, except for hearing aids and pacemakers.
Smoking is strictly prohibited onboard the aircraft.
The consumption of personal alcohol is not permitted onboard.
Taking videos and/or photographs is prohibited onboard the aircraft.
If the passenger fails to comply with the terms of this article, the carrier may, in accordance with applicable laws and regulations, take any appropriate and reasonably necessary measures. This may include disembarking the passenger and/or applying restraining measures at any point during the flight.
If the passenger fails to comply with the provisions of this article and commits a crime or wrongful act onboard the aircraft, the carrier reserves the right to take legal action against the passenger. The passenger may also be placed on a list of individuals banned from boarding the carrier’s aircraft.
Article XVI - Ground Transportation
When the carrier offers ground or maritime transport services (such as limousine, bus, boat, etc.), different liability regimes apply to these surface transports. The conditions of transport and liability regimes are available upon request from the carrier.
The air carrier is not responsible for any damage incurred by passengers and their baggage during ground or maritime transport.
Article XVII - Successive air transport
Air transportation carried out by several successive carriers, under a single ticket or multiple tickets issued together, is considered a single operation for the purposes of the convention when it has been regarded by the parties as a single operation.
When the carrier is the ticket issuer or the first carrier designated on a jointly issued ticket, in the case of successive transport, the carrier is only liable for the portion of the transport performed by its own means.
In the event of destruction, loss, damage, or delay of baggage, the passenger or their entitled beneficiaries may file a claim against the carrier that performed the transport during which the incident or delay occurred. The passenger may also file a claim against the first and the last carrier.
Article XVIII - Administrative Formalities
General Provisions:
a. The passenger is responsible for obtaining all necessary documents, visas, and special permits required for their journey, including those for their minor children and/or passengers for whom they are responsible, and/or any pets traveling with them. The passenger must comply with the applicable regulations of the countries (departure, destination, and transit) and follow the carrier’s instructions.
b. The carrier cannot be held liable for any consequences the passenger may face as a result of failing to comply with these obligations.
1. Travel Documents:
a. The passenger is required to present all entry, exit, and transit documents, as well as health and other documents required by the regulations in the departure, destination, and transit countries. The passenger must also provide these documents to the carrier and/or allow the carrier to make copies or record the information contained in them, if necessary.
b. The carrier reserves the right to refuse transportation if the passenger does not comply with the regulations or if the carrier doubts the validity of the documents presented.
c. The carrier cannot be held liable for any consequences (including losses or expenses) that the passenger may incur due to failure to comply with applicable regulations.
2. Refusal of Entry:
If a passenger is denied entry into a territory, they will be responsible for all costs and fines imposed on the carrier by local authorities as a result, as well as the total fare for transportation if the carrier is required to return the passenger to their point of origin or elsewhere due to a government order. The ticket purchased for transportation to the destination where entry was denied will not be refunded by the carrier.
3. Passenger Responsibility for Fines, Detention Costs, etc.:
If the carrier is required to pay or deposit the amount of a fine or penalty or incur any expense due to the passenger’s failure to comply, whether intentionally or not, with the laws of the relevant countries, or due to the passenger’s failure to present the required documents, or for presenting non-compliant documents, the passenger must reimburse the amounts paid or deposited and the expenses incurred at the carrier’s request. The carrier may use any amount paid by the passenger for unused transportation or any funds belonging to the passenger that the carrier holds to cover these costs.
4. Customs Inspections:
a. The passenger may be required to be present during the inspection of their baggage (delayed, checked, or unchecked) at the request of customs or any other government authority. The carrier cannot be held liable for any damage or loss suffered by the passenger if they refuse to be present during the inspection of their baggage.
b. The passenger must indemnify the carrier if any act, omission, or negligence on their part causes damage to the carrier, particularly due to the passenger’s failure to comply with this article or the permission granted to the carrier to inspect their baggage.
5. Security Checks:
a. The passenger is required to undergo the security checks required by government or airport authorities as well as at the carrier’s request.
b. The carrier cannot be held liable for refusing to transport a passenger if the refusal is based on the carrier’s belief that the law, regulations, and/or applicable requirements necessitated such refusal.
Article XIX - Liability for Damages
General Considerations:
The carrier's liability will be determined by the conditions of the contractual transport, unless otherwise specified and communicated to the passenger. If the carrier's liability is engaged, it will be under the following conditions:
a. Transportation conducted under these general conditions is subject to the liability rules set forth by the Montreal Convention of May 28, 1999, and Regulation (EC) No 889/2002 of May 13, 2002, which amends Regulation (EC) No 2027/1997 concerning air carrier liability in the event of accidents involving passengers and their baggage.
b. The carrier is liable for damage in the event of death or bodily injury, provided that the accident causing the death or injury occurred onboard the aircraft or during embarkation or disembarkation operations, as defined in Article 17 of the convention.
To the extent that the following does not contradict other provisions of these conditions, and whether the convention applies or not:
a. The carrier's liability is limited to damages incurred during air transport where its designator code appears on the flight coupon or ticket. When the carrier issues a ticket for transportation provided by another carrier or checks baggage for another carrier, it acts only as an agent for that carrier. However, for checked baggage, the passenger has recourse against either the first or last carrier involved in their journey.
b. The carrier's liability shall not exceed the amount of proven direct damages. The carrier is not liable for indirect damages or any non-compensatory damages.
c. The carrier cannot be held responsible for damages resulting from compliance with legal or regulatory provisions (laws, regulations, decisions, requirements, and directives) or the passenger's failure to comply with these same provisions.
d. The carrier's liability for damage to unchecked baggage is limited unless such damage directly results from the carrier’s proven fault, or that of its employees or agents, as established by the passenger.
e. The carrier is not liable for any illness, injury, or disability, including death, caused by the passenger’s physical condition or for any aggravation of such conditions.
f. The contract of carriage, including these general conditions and all liability exclusions or limitations, applies to and benefits the carrier’s authorized agents, employees, representatives, the owner of the aircraft used by the carrier, and the owner’s agents and employees. The total recoverable amount from these parties shall not exceed the carrier’s liability limits.
g. If negligence or another wrongful act or omission by the person claiming compensation, or the person from whom they derive their rights, caused or contributed to the damage, the carrier is wholly or partially exonerated from liability for such damage, including in cases of death or bodily injury, in accordance with applicable law.
h. Unless explicitly stated, nothing in these provisions constitutes a waiver of the carrier’s right to invoke liability exclusions or limitations, in accordance with the convention and applicable law.
Provisions for International and Domestic Flights
1. Bodily Injury:
a. In accordance with Article 17 § 1 of the Montreal Convention of May 28, 1999, the carrier is liable for damage caused by death or bodily injury to a passenger if the accident causing the damage occurred onboard the aircraft or during embarkation or disembarkation, as defined by the convention, subject to exemptions from liability.
b. The carrier is not liable for the damage if it proves that:
- The death or bodily injury resulted from the passenger’s pre-existing physical or mental health condition before boarding the flight.
- The damage was caused, in whole or in part, by the negligence or wrongful act or omission of the person seeking compensation or the person from whom they derive their rights, as per Article 20 of the Montreal Convention of May 28, 1999.
- The damage was not due to the negligence or wrongful act of the carrier, its employees, or agents, to the extent that the damage amount exceeds 128,821 Special Drawing Rights (SDRs) per passenger under Article 21 § 2(a) of the Montreal Convention.
- The damage resulted solely from the negligence or wrongful act of a third party, to the extent that the damage amount exceeds 128,821 SDRs per passenger under Article 21 § 2(b).
c. Compensation Amount:
- The carrier’s liability for death or bodily injury of a passenger is not subject to any financial limits. Compensation for damage will be determined by agreement, expert assessment, or competent courts.
- Under these provisions, the carrier will compensate the passenger only beyond amounts received under the social security system to which the passenger is affiliated and only for compensatory damages.
d. The carrier reserves the right to seek recourse and subrogation against any third party.
e. In the event of death or bodily injury resulting from an air accident as defined by Article 17 of the Montreal Convention and in accordance with Article 5 of Regulation (EC) No 889/2002, the identified entitled person may receive an advance to meet their immediate needs, proportionate to the material damage suffered. This advance shall not be less than the equivalent of 16,000 SDRs per passenger in the event of death. Subject to applicable law, this advance will be paid within 15 days of identifying the entitled person and will be deductible from the final compensation owed to the deceased passenger. According to Article 5 of Regulation (EC) No 889/2002 and Article 28 of the Montreal Convention, the payment of such advances or early payments does not constitute an admission of liability, and these amounts may be deducted from the sums later paid by the air carrier as compensation, depending on its liability. This advance is not refundable unless it is proven that the negligence or wrongful act or omission of the person seeking compensation, or the person from whom they derive their rights, caused or contributed to the damage, or if the person receiving the advance was not entitled to compensation.
2. Delay:
a. Compensable Damage Characteristics:
- Only direct, proven damage resulting directly from a delay is compensable, excluding any indirect or non-compensatory damages.
- The passenger must establish the existence of damage directly resulting from the delay.
b. Carrier Liability:
- The carrier is not liable for damage resulting from the delay if it proves that it, its employees, or agents took all reasonably necessary measures to avoid the damage or that it was impossible to take such measures.
- The carrier is not liable for delay-related damage if the delay is attributable to the passenger or if the passenger contributed to it, meaning the damage results, in whole or in part, from the negligence or wrongful act or omission of the person seeking compensation or the person from whom they derive their rights.
c. Extent of Compensation:
- In the event of damage suffered by passengers resulting from a delay, as defined by the Montreal Convention, and except for acts or omissions by the carrier or its employees committed with the intent to cause damage or recklessly and with knowledge that damage would likely result, the carrier’s liability is limited to 5,346 SDRs per passenger. The compensation amount will be determined based on the damage proven by the passenger.
- In the event of damage resulting from a delay in the delivery of checked baggage, and except for acts or omissions committed with the intent to cause damage or recklessly and with knowledge that damage would likely result, the carrier’s liability is limited to 1,288 SDRs per passenger. A fixed compensation (to cover essential expenses) may be granted to the passenger.
3. Baggage:
In accordance with Article 17 of the Montreal Convention of May 28, 1999, the carrier is liable for damage resulting from the destruction, loss, or damage of checked baggage when the event causing the damage occurred onboard the aircraft or during the period when the carrier had custody of the checked baggage.
a. Exemption from Carrier Liability:
- The carrier is not liable for damage to the passenger’s baggage if the damage results from the inherent defect, quality, or vice of the baggage. If the contents of the passenger’s baggage cause damage to another person or the carrier, the passenger must indemnify the carrier for all losses and expenses incurred.
- The carrier assumes no special liability, other than that provided in subparagraph (c) below, for damage and/or loss caused to fragile or valuable items or inadequately packed items unless the passenger made a special declaration of interest and paid the corresponding additional fee.
* The carrier is not liable for damage caused, in whole or in part, to baggage resulting from the negligence or wrongful act or omission of the person seeking compensation or the person from whom they derive their rights.
b. Compensation Amount:
- For checked baggage, except for acts or omissions committed with the intent to cause damage or recklessly and with knowledge that damage would likely result, the carrier’s liability is limited to 1,288 SDRs per passenger. If a higher value was declared, the carrier’s liability is limited to the declared value unless it can prove that the value is greater than the passenger’s actual interest in delivery.
* For unchecked baggage admitted onboard, the carrier’s liability is engaged only if proven at fault by the carrier, its employees, or agents. This liability is then limited to 1,288 SDRs per passenger.
Article XX - Time Limits for Complaints and Liability Claims
1. Notification of Complaints for Baggage:
a. The acceptance of checked baggage by the passenger without complaint within the specified time frame will constitute a presumption, unless proven otherwise by the passenger, that the baggage was delivered in good condition and in accordance with the transport contract. Any missing baggage must be reported to the carrier immediately upon arrival of the flight. Any declaration made later may not be taken into account. Similarly, any missing item in the baggage must be reported to the carrier as soon as possible. Late declarations may not be considered.
b. In the event of delay, damage, loss, or destruction of baggage, the affected passenger must file a written complaint with the carrier as soon as possible and no later than within seven (7) days (in the case of damage or destruction) and twenty-one (21) days (in the case of delay) from the date the baggage was made available to them. If no complaint is made within the specified time frame, all claims against the carrier are inadmissible, except in cases of fraud by the carrier. If the complaint is made within the specified time frame (seven (7) or twenty-one (21) days) and no settlement is reached between the carrier and the passenger, the passenger may bring a claim for damages within two years from the date of the aircraft's arrival or the date the aircraft was supposed to arrive.
2. Liability Claims for Passengers:
Any liability claim must be brought, under penalty of forfeiture, within two years from the date of arrival at the destination, the date when the aircraft was supposed to arrive, or the date when the transport stopped. The method for calculating this time limit will be determined by the law of the court seized.
3. All claims or actions mentioned in paragraphs 1 and 2 above must be made in writing within the specified time frames.
Article XX - Time Limits for Complaints and Liability Actions
These general conditions of carriage are governed by the applicable law in French Polynesia.
In the event of a dispute arising from the execution or interpretation of these general conditions of carriage, the dispute shall be brought before the courts under the jurisdiction of the Court of Appeal of Papeete.