Conditions of carriage for passengers and baggage

ARTICLE 1 : DEFINITIONS

Terms listed below in the present Conditions of Carriage have the following meanings:

Accredited agent means an individual or legal entity that we appointed to represent us in the sale of passenger transportation on our flights.

Airline designator code means two-character code and / or three digits that identify us. 

Baggage  means  your  luggage  and  other  personal  items  that  you  carry  for  your  travel  needs.  Unless otherwise specified, this term refers to both checked baggage and unchecked baggage 

Baggage check means the portion of the ticket which relates to the carriage of checked baggage

Baggage tag means the document we give you for identifying Checked Baggage.

Charter  means  a  lease  of  one  of  our  aircraft  under  a  charter  contract  between  the  applicant  and  us. Thus,  the  charter  flight  is  a  non-scheduled  flight,  made  for  the  needs  of  the  charterer  (applicant)  and ourselves for the carriage of persons and / or cargo 

Checked baggage means baggage of which we take custody and for which we have issued a baggage identification tag.

Conjunction  ticket  means  a  ticket  we  have  issued  to  you  in  conjunction  with  another  ticket  which together constitute a single contract of carriage.

Conditions of Carriage mean these Conditions of Carriage or by us that actually performs the carriage

Contracting party means the airline carrier who enters into a contract of carriage with a passenger or, if the contract includes a package, the  travel  organizer.  Any ticket seller  is  also  deemed  air  transport contractor. 

Contract  of  Carriage  means  the  declarations  contained  in  or  provided  with  the  Ticket  or  Itinerary Receipt and incorporating the Conditions of Carriage as well as Notices to passengers. 

Control card means a document that we establish in the case of a charter flight instead of the ticket.

Convention means the Montreal Convention of 28 May 1999, for which the following legal bases are:

  • The Convention for the Unification of certain rules relating to international air transport,  signed at Warsaw, 12 October 1929. (Designated below by the term Warsaw Convention)
  • The Warsaw Convention as amended at The Hague September 28, 1955
  • The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal in 1975. 
  • The Warsaw Convention as amended at The Hague in 1955 and the Additional Protocol No. 2 of Montreal in 1975.
  • The Warsaw Convention as amended at The Hague in 1955 and the Additional Protocol No. 3 of Montreal in 1975 
  • The Guadalajara Supplementary Convention of 18 September 1961. Coupon,

Flight Coupon means the portion of the Ticket identified as being “Valid for Carriage” and shows the exact points between which you must be carried.

Check-In Deadlines (CID) means the time limit, as we have specified by the carrier before which you must have achieved the check-in formalities and received the boarding card.

Carrier means Air Madagascar, which issued the ticket, and all air carriers that participate or undertake to carry the passenger and/or his/her baggage. 

Child: A person who has reached his second birthday, but not his 12th birthday (ie between the ages of 2 to 11 years) from the date of commencement of travel.

A child may be accompanied or not under certain conditions

Connecting flight means a subsequent flight providing onward travel. Damage covers death of, wounding of, or, bodily injury, delay, total or partial loss or other damages arising out of or in connection with carriage on flights we operate or other services we provide.

Days mean the calendar days that include the seven days of the week, it’s being understood that in the event of notice, the dispatch day of such notice is not included and that, besides, in order to determine the validity of a ticket, the date of ticket issuance or the flight departure date are not counted.

Domestic Flight means any flight whose point of departure and destination are located within the same country or state territorial continuity. 

Electronic ticket means the Itinerary Receipt, the electronic coupon and, where applicable, a boarding pass issued by us or on our behalf 

Electronic Coupon means an electronic flight coupon or any other document that has the same value, which is stored in our computerized reservation system. 

Force  Majeure  means  extraordinary  circumstances,  unpredictable  and  outside  our  control  and  whose consequences could not be avoided despite the precautions taken.

Fares mean the flight fares and taxes, license fee, costs linked to our Conditions of Carriage,

Infant : A person who has not reached his 2nd birthday (ie from 0 to 23 months inclusive) from the date of commencement of travel. A baby is necessarily accompanied by an able bodied person over 18 or a parent or legal guardian who may be less than 18 years

The journey of a newborn less than 7 days is allowed but not recommended

Involuntary / voluntary reimbursement price means a refund, under clause 10, of the fare for your ticket. 

International flight means, as defined in the Convention, any flight for which the departure point and destination  point  are  within  the  territory  of  two  or  more  States  acceding  to  the  Convention, notwithstanding any intermediate stops or aircrafts change in another state, whether or not a party to the Convention.

Passenger Coupon or Passenger Receipt or Itinerary Receipt means the portion of the ticket, issued by us or on our behalf, which is identified as such and that you must retain.

Passenger means any person holding a ticket, except members of the crew, who is to be carried (see also the definition of “you, yourself, your, yours)

Passenger with Reduced Mobility means any person whose mobility is reduced, when using transport, because of any physical disability or, intellectual impairment, or any other cause of disability, or age and whose situation needs special attention and adaptation to his/her particular needs of the services made available to all passengers.

Regulation  of  Carrier  means  any  rules  other  than  these  Conditions,  published  by  the  carrier  and  in force at the date of ticket issuance related to your carriage and/or your baggage, including all rates for that date. 

Special Drawing Right (SDR) means a unit of account of the International Monetary Fund (FMI), the value of which is periodically defined by the FMI. Stopovers mean the points, with the exception of the point of departure and point of destination, shown on the ticket or mentioned in the schedules as previous stopovers on your itinerary

Ticket means the document called "Passenger Ticket and Baggage Check" or the Electronic Ticket.

 Transit passenger means a passenger arriving at an airport for onward journey: 

  • on the same flight from that airport 
  • on a connecting flight on another onward flight from that airport 
  • on a connecting flight from another airport.

Unchecked Baggage means any baggage other than your checked baggage.  They remain under your sole custody. 

Voluntary stop means a stop during the trip that you requested, to an intermediate stop between the starting point and destination point, which we previously granted

 We, ourselves, our, ours: Air Madagascar, its accredited Agents

You, yourself, your, yours:  any person holding a ticket and to who is to be carried aboard an aircraft, crew members excepted, or, as regards of refunds, the person who paid for the ticket (See also the definition of “passengers”)

Infant: A person who has not reached his 2nd birthday (ie from 0 to 23 months inclusive) from the date of commencement of travel. A baby is necessarily accompanied by an able bodied person over 18 or a parent or legal guardian who may be less than 18 years

The journey of a newborn less than 7 days is allowed but not recommended

Child: A person who has reached his second birthday, but not his 12th birthday (ie between the ages of 2 to 11 years) from the date of commencement of travel.

A child may be accompanied or not under certain conditions

ARTICLE 2 : SCOPE OF APPLICATION

1- General Provisions

a)   Except as provided in paragraphs (2), (3) and (4) of this Article, these Conditions of Carriage apply    to all flights we operate of passengers and baggage under the MD Airline Designator Code.

b)  These Conditions of Carriage also apply to free or reduced-fare carriage, unless otherwise specified.

c)   These Conditions of Carriage are established pursuant to the Convention. 

  

2- Predominance of the Law

To the extent that a provision contained or referred in this Condition is contrary to the Convention when it applies, or any law, Regulation or any measure of public policy, such provision shall not apply. The invalidity of such provision shall not affect any other rules.   

3- Predominance of these conditions on the Regulation of the carrier

Unless otherwise specified, in case of any inconsistency between these Conditions of Carriage and our Regulations, these Conditions of Carriage prevail. 

4- Charters

 If  the  Carriage  is  performed  pursuant  to  a  charter  contract,  these  Conditions  of  Carriage  shall  apply, except otherwise specified in the charter agreement. 

5- Code Shares

a)   As part of some services, we have arrangements with other airlines known as code sharing or "code-share", it means that even if you hold a reservation AIR MADAGASCAR and have a ticket in which  AIR  MADAGASCAR  is  designated  as  carrier  through  its  code  "MD",  another  carrier  may operate the flight as part of code sharing. 

b)  In the above cases, we will inform you when you make your reservation if the flight will be operated by us or by another airline 

6- Validity of these Conditions of Carriage

If any provision of these Conditions is invalid, the validity of other provisions is not affected.

ARTICLE 3 :TICKETS

1- General Provisions

a)   The Ticket constitutes a beginning of proof of the existence of the Contract of Carriage between us and the passenger whose name is shown on the Ticket. Therefore, we will not accept you to be carried unless you are able to present a valid ticket under your name, and we reserve the right to check your identity documents at anytime

b)  The ticket remains our permanent property. The Conditions attached with the ticket constitute a summary of these Conditions.

c)   A Ticket is not transferable. Consequently, you are not authorized to sell your ticket or to give it to another person. 

d)  A Ticket that is damaged or has been modified by a person other than us or one of our Accredited Agents shall not be valid for Carriage. 

e)   Certain tickets which are sold at reduced rates are partially or totally non-refundable. You choose the offer that best fits your need and, to take out appropriate insurance to cover the risks associated therewith, where you might have to cancel your journey, to the exclusion of our liability.

f)   In case of loss, or deterioration of all or a part of the ticket, or non-presentation of the ticket containing the passenger Coupon and all other unused Coupons, we, who have issued the ticket can, and in accordance with the Regulations, replace such ticket or part of it by issuing a new ticket. Therefore, you should provide evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued.  We may charge an administration fee for this service, unless the loss or deterioration was due to our negligence. 

 

2- Validity Period

a)   Except as otherwise provided for in the Ticket, in these Conditions of Carriage, in Regulations and any tariffs which apply, a Ticket is valid for Carriage for: 

− one year, as from the starting date of the journey, or, if any part of the ticket has not been used, one year as from the date of issuance

b)  If, after having started the journey, you are prevented, for health reasons, from continuing such        journey during the validity period of the ticket, we shall extend the validity of the ticket until the date on which you are once again in a position to travel, or until the first flight after the date of the concerned route, subject to the seats available in the concerned class of the fare, and unless such extension is contrary to our Regulation with regard to the fare you have chosen. Therefore, you should provide a valid medical certificate and a valid hospital ticket indicating your health problems. 

c)   If the unused Flight Coupons contain one or more stopovers, the validity of the ticket (subject to the applied Regulation) shall be extended for not more than one month from the date shown on the  medical certificate submitted. In these conditions, we shall also extend the validity of the tickets of the immediate family members (spouse, dependants) who were accompanying you.

d)  In case of the death of a passenger during a journey, the tickets of the persons who are accompanying the deceased passenger shall be changed, either by waiving any minimum stay requirements or by extending the validity of said tickets. In case of the death of an immediate family member of a passenger whose journey has started, the validity of his/her tickets and of the members of his/her immediate family (spouse, dependants) traveling with him/her shall be changed in the same way.

      Any change may only be made after receipt of a valid death certificate and any extension of validity of the tickets cannot exceed forty-five (45) days as from the date of death. 

 

3- Coupon order and use

a)   Your ticket shall be valid only for the carriage according to the itinerary shown on the ticket. The fare you have paid corresponds to the route stated on the ticket and forms an essential part of the Contract of Carriage. 

b)  Coupons shall be used in sequence from the point of departure as shown on the ticket.

c)   Each Coupon shall be valid for carriage in the class specified on it, on the date and for the flight that corresponds to the reservation made. If a coupon is originally issued without reservation, a reservation may be made subsequently in accordance with the fares conditions and within the limit of the seats available. 

4- Duplicate issuance

a)   If you ask, we will issue a duplicate in the following circumstances:

  • You have lost a part of your ticket for your return flight on the International network, 
  • Your ticket is damaged, spoiled, torn or altered

b)  We would take these steps only if :

  • The original ticket was issued by us or our authorized agents, 
  • You  sign  a  commitment  to  repay  us  any  costs  and  losses  up  to  the  value  of  the  original ticket, that we or another airline would suffer as a result of the ticket misused; are likely to suffer if it appears that the ticket has been used fraudulently,
  • You prove that you had a valid ticket

c)   We will not claim from any loss caused by our own negligence

We may charge a reasonable administration fee for issuing a new ticket, unless the loss or damage was caused by us or our authorized agents, 

d)  In case of loss of your ticket or part of your ticket not listed in Article 4a, we will ask you to pay for

a new ticket. We will refund the original ticket after 13 months from the date of submission and if it is not used. 

  • However, if you find the original ticket before its validity period runs out and give it to us, we will give you a refund at that time pursuant to Article 10 
  • If  the  ticket  was  not  issued  by  us  or  our  authorized  agents,  you  must  apply  for  a  refund from contact the airline which issued it. 

 

5- Changes Requested by a Passenger

a) If you have to change all or part of your itinerary, you must inform us or inform our Accredited 

Agent .This change shall imply a new fare that:

  • You must pay at the moment when a new ticket is issued, or
  • We shall refund if the new fare is less than the previous one already paid

Numerous fares are only valid on the dates and for the flights specified on the ticket, and can never  be changed or only by paying an additional fare.

b)  If you do not check in for a flight, without informing us in advance, your reservations for the onward  journey (return flights and/or transfer) shall be cancelled.

6- Identification and address of the Carrier

a)   The carrier’s identification may be shown on the ticket as its entire name or as its Airline Designator  Code. 

b)  The carrier’s address is deemed to be the head office or principal office of exploitation or establishment, by which the contract of carriage was made.

ARTICLE 4 : FARES AND SURCHARGES

1- Fares

a)   Unless otherwise stated, fares apply solely to the carriage from the airport at the places of departure to the airport at the place of destination. Fares do not include ground transport between airports or   between airports and town terminals. 

b) The fare of your flight shall be calculated in accordance with the fares applied on the date you pay for it, for a journey scheduled on the dates, within the class of fare and for the itinerary shown on the ticket. Any change in itinerary or journey date or class of fare may increase the fare.  

 

2- Taxes, charges and fees

a)   You shall pay all fees, taxes or charges imposed by governments, by any other authorities or by operators of airport

b)  When purchasing your ticket, you will be informed of said fees, taxes or charges, which are not included in the fare; in general, they will be shown separately on the ticket. 

c)   The service fees collected by our Accredited Agent are not shown on the ticket, they are taken separately. 

 

3- Payment Currency

The fares and taxes are payable in all currencies that we accept. When the payment is made with another currency different from the one where the fare is published, the fixed exchange rate in accordance with our Regulation is applied. 

ARTICLE 5 : RESERVATIONS

1- Reservation Requirements

a)   Reservations are confirmed only if they are accepted and recorded in our or our Accredited Agent’s  computerized reservation system. 

b)  Certain Fares may be subject to conditions that limit or exclude your right in changing or canceling reservations. 

 

2- Reservation confirmation

a)   If you  paid for your ticket by the deadline we or authorized agents have set, we may decide to cancel your reservation.

b)  You should check the reconfirmation requirements of any other carriers involved in your journey and if necessary, reconfirm your flight with the Carrier whose Airline Designator Code appears on the ticket 

c)   If you omit to use a reservation and do not inform us, we shall cancel your reservations for the onward journey (return flights and/or transfer). 

3- Personal Data

a)   We may use information you provide and we collect, including personal information relating to your reservation, your purchase history to, for the purposes of:

  • Reservation and ticket issuance,
  • Insurance of your transportation and  your disposal for all services and all related facilities,
  • Accounting, billing and auditing, 
  • Checking and control of credit cards or other payment cards;
  • Statistical analysis, 
  • Marketing analysis;
  • Implementation of loyalty programs,
  • Testing, maintenance and systems development, 
  • Customer relations,
  • Assistance in our  future relations with you, and
  • Direct marketing and market research (what we will do only at your request or with your consent or giving you the opportunity to unsubscribe) 

b)  For these purposes, we may disclose your personal information to: 

  • Our affiliates,
  • Carriers and other companies engaged in the implementation of your transport and making available services and facilities related thereto;
  • Those responsible for processing data, and  
  • Our representatives and our Authorized Agents.

These measures may include the disclosure of your personal information outside your country of origin.

4- Seat Allocation

a)   We shall make efforts to honor advance seating requests at the moment of reservation. However, we cannot guarantee that you will be given that seat at the check-in.

b)  We reserve the right to change the seat allocation at any time, even after boarding, for operational, security or safety reasons. 

 

ARTICLE 6 :CHECK-IN AND BOARDING

1- Check-in

a)   Check-In Deadlines (CID) are different from one airport to another. Please check and respect the said HLE in order to facilitate your journey. 

b)  We or our Authorized Agent shall tell the CID for your first flight with us. 

      For all subsequent flights in your journey, it is up to you to obtain information on the other CID.

c)   The check-in operations shall be considered completed at the moment you receive your boarding pass. 

 

2- Boarding

Passengers must arrive at the boarding gate sufficiently no later than the time specified by us at your check-in. 

3- Consequences of the non respect of the period

a)   If you fail to arrive at the check-in desk or at the boarding gate before the time specified, we will then be entitled to cancel your reservation, and not to carry you, and dispose of your seat. We shall  not delay the flight.

b)  We will not be liable to you for any loss or expenses you suffer if you fail to meet check-in deadlines, to present yourself for check-in on time, or fail to be at the boarding gate on time.

 

ARTICLE 7 : REFUSAL AND LIMITATION ON CARRIAGE

1- Right to refuse carriage

In order to comply with any applicable laws, Regulations or orders of any state or country of departure, destination, transit or over flight, we can decide, at any point of correspondence, to refuse carriage of a passenger and/or one of his baggages, if one or more of the following cases has occurred or is likely to occur, without being exhaustive:

a)   The passenger’s physical or mental state presents danger or risk to him/herself, the other passengers the crew or property;

b)  The passenger is drunk, or under the influence of alcohol, or drugs;

c)   The passenger has not complied to our  instructions or had behavior such as threatening, abusive or  insulting language towards ground staff or crew member;

d)  The passenger has refused to undergo the security and/or safety checks of his/her person or his/her Baggage; 

e)   The passenger has not paid the fare in force or all the applicable fees, taxes and charges.

f)   The passenger is not able to provide any valid travel documents;

g)  The passenger may seek or has sought to enter a country for which he has neither visa nor a valid entry document;

h)  The passenger is neither in a position to provide a valid ticket nor to prove that he/she is the person mentioned on the ticket.

i)   The passenger presents a ticket acquired illegally, or listed as stolen or lost document, or falsified or counterfeited;

j)   The passenger has not used the flight coupons in the order of issuance. 

 

 

2- Limitation on carriage

a)   We may decide not to carry unaccompanied children, passengers with reduced mobility, pregnant women and persons with illnesses or any other persons, who require particular assistance or special service, if arrangements to carry them have not been made before check in.

b)  Passengers who require a special assistance must arrive in advance, two (2) hours before the takeoff,  at the check-in in order to allow us to ensure the carriage in best conditions.  

 

 

ARTICLE 8 : BAGGAGE

1- Free Baggage Allowance

Your free baggage allowance will be shown on the ticket or on your Itinerary Receipt, and will depend on our baggage regulations applying at the date of your flight. 

2- Excess Baggage

You will have to pay for the carriage of baggage in excess of the free baggage allowance in accordance with the fare and the conditions mentioned in our regulation. 

3-Prohibited Items

You must not carry the following items in your baggage:

a)   Items which are likely to put the aircraft, the persons or property on board in danger, such as those items specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Carriage Regulation;  those instructions are available for passengers upon request. 

b)  Items for which carriage is prohibited by applicable law in any State where flights depart, arrive, fly or make scheduled stopovers,

c)   Items that we reasonably consider to be unsuitable for carriage: dangerous, due to their weight, dimension, configuration or their nature, fragile or perishable.

d)  Firearms and ammunition other than those intended for hunting or sport which, in order to be accepted as cargo or checked baggage, must be unloaded, suitably packed and have the safety catch

on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations;

e)   Antique weapons, swords, knives and other weapons of this type, if they are transported in the cabin. They may nevertheless be accepted as cargo or checked baggage, at our discretion;

f)   All valuable objects, jewelry, currencies, precious metals or objects, art object, silverware, optical or photographic appliances, electronic equipment or appliances, musical instruments, passports and 

identity papers, samples, business documents, manuscripts or deeds. In the same way, you shall not

carry in Checked Baggage neither fragile nor perishable items, nor precious items, such as computers, share or debenture certificate and any valuable documents, business documents,  passports and other identification papers;

g)  Live animals, except pets under our consent mentioned in Article 8.10 of these Conditions. 

4-- Right to Refuse Carriage

a)   We may refuse to carry as baggage the items referred to the paragraph 3 of the present Article 8, or to refuse to continue carrying them, if they are discovered during the journey.

b)  We may refuse to carry any item as baggage due to its size, shape, weight, content, nature, or configuration, or for operational, security/safety reasons or to preserve the comfort and convenience of passengers and the flight safety. 

c)   We may refuse to carry baggage at the check-in if it is not properly packed or not placed in suitable containers that allow it to be handled and transported in normal conditions.  

5- Right of Search

a)   For security/safety reasons, we may search, screen or X-ray your baggage

b)  If you are not available, your baggage may be scanned or searched with a view to check whether it contains items referred to paragraph 3 of the present Article 8 or firearms or ammunition which were not presented according to Article 8.4

c)   If you refuse to comply with such requests, we may deny boarding you and your baggage. If said scans cause damage to the baggage and the contents, or if baggage or its contents cause damage to any one, we will not be liable, unless the damage is caused by our willful misconduct.    

 

6- Checked Baggage (checked baggage in hold)

a)   We fix the sizes and the maximum weight for each baggage sent in the hold.

b)  You must affix your name or any other form of personal identification on each item of checked baggage.

c)   As soon as you have been checked in your baggage, we shall issue a Baggage Identification Tag for each piece of checked baggage.

d)  Checked Baggage will, whenever possible, be carried in the same aircraft as you, unless we decide for operational or security/safety reasons, that it will be carried on another flight.  

 

7- Unchecked Baggage (Cabin Baggage)

a)   We set maximum dimensions, numbers and/or maximum weight for baggage taken in the cabin. 

  • only 1 single standard hand luggage (including wheels and handles).

Note: 1 garment bag is considered a standard baggage.

  • only 1 single accessory such as handbag or minicomputer or laptop or camera or suit case… ;
  • standard luggage + accessory of maximum dimensions (L + W + H) not exceeding 115cm all; and the whole for a total maximum weight class shown in the attached table.

MD will conduct bunkering any hand luggage extraordinary.

  • it is reminded that the the total of the 3 measurements of a hold luggage is 32 kilos and must not exceed 158 cm

As a result, sellers are absolutely required to mention on the ITR this information of weight, size and number related of carry-on and checked luggage.

b)  Unchecked Baggage must be placed under the seat in front of you or in a rack in a cabin of the aircraft. 

c)   If these baggage have excessive weight or dimension, dangerous for the security, or difficult to be stored, they will then further be loaded as checked baggage.

d)  If you wish to carry an item of baggage in the cabin (such as fragile musical instruments or other) which is larger or heavier than the maximum authorized in cabin, we will carry it in the aircraft cabin if:

− You told us before you checked in that you wanted to take it into the aircraft cabin,

− We agreed with you before you checked in to carry it in the aircraft cabin and 

− You have paid us any extra charge that applies for this service.  

8- Collection and delivery of checked baggage

a)   You must collect your checked baggage as soon as we have made it available at your place of destination or stopover.

b) If you do not collect your checked baggage within three (3) months from the time it is made at your disposal, we may dispose of it, without incurring liability to you.

c) Pursuant to the provisions of local law, unclaimed baggage may be handed over to the appropriate national authorities.

d)   Only the person with the Baggage Check or the Baggage Identification Tag is entitled to collect the checked baggage.

e)  If a person claiming checked baggage is unable to produce the Baggage Check or the Baggage Identification Tag, we will deliver the baggage to such person only on condition that he/she can prove to us that the baggage is theirs in a satisfactory manner.    

f)   We reserve the right to ask to such person that he/she provides us a sufficient guarantee for the compensation of the losses, damages or expenses from such delivery.

g)   Acceptance of the Baggage by the bearer of the Baggage Check or the Baggage Identification Tag without any complaint at the time of delivery is prima facie evidence that the Baggage was delivered in good condition and in accordance with the contract of carriage. 

 

9- Animals carriage

a)   Only animals such as dogs, cats, household birds and other pets are accepted to carriage, with our prior agreement according to our Regulation .

b)  If accepted in cabin, the animal must be properly crated and shall be, during the flight, under your sole responsibility. The animal and its container are included in the free baggage allowance according to our Regulation.

c)   Guide animals accompanying reduced mobility passengers will be carried free of charge, in addition to the normal free baggage allowance in accordance with our Regulation. 

d)  Unless carriage is subject to the liability rules of the Convention, we are not responsible for injury, loss, delay, illness or death of an animal we agreed to carry, expect if said damage is solely due to our gross negligence.

e)   It is your full responsibility to obtain and present all the documents required by the authorities of the destination or transit country, such as health and vaccination certificates, and entry or transit permits. 

f)   We will not agree to carry animals that do not have the requisite documents. 

g)  You are at all times responsible of your animal. You will support all damage caused by the animal to the aircraft, to a person on board, or any fees in the event that the animal is refused entry in point of destination or in stopover, in case of fraud or irregularity of required documents. 

ARTICLE 9 : SCHEDULES AND IRREGULARITIES

1- Schedules

a)   The flights schedule published in our timetables or elsewhere and /or produced on the ticket are liable to be changed between the date of publication and the date you actually travel.  We do not guarantee these schedules and they are not part of the Contract of Carriage and can be modified without advance notice. 

 

b)  Except for any act or omission with intent to cause damage or recklessly and with knowledge that damage would probably result, we will not be liable for errors or omissions in schedules or all the information delivered by us, our employees, agents or representatives concerning the times and dates of departure or arrival or during a flight. 

 

c)

  • When purchasing the ticket, we will notify you of flight Schedules and reproduced it on your ticket. We may be forced to change the schedule after ticket issuance. If you have given us your correct contact details, we strive to inform you of this change.
  • If after you buy your ticket, we make a significant change to the flight schedule and if, you find this change unacceptable, and if we are not in a position to offer you a more suitable flight, we will give you an involuntary fare refund, as stated in the Article 10.6.   

2- Remedies for delays and cancellation

a)   We will take all reasonable measures necessary to avoid delay in carrying you and your baggage. In order to prevent a flight cancellation or delay, these measures may, in particular circumstances, include arrangement for a flight to be operated:

  • by an another aircraft;
  • by an alternative carrier; or  
  • by both of them. 

b)  We will apply the Regulations and proceed to compensation under the terms of those Regulations if we cancel a flight. We assume our responsibility for a connection flight only if this flight is part of a single contract established with you. We will have no further liability to you.   

3- Denied boarding

If boarding is denied on a scheduled flight to which you hold a valid ticket and a confirmed reservation, we will pay you compensation under the applicable Regulations. This does not apply if you miss the requirements for check-in and boarding noted in Article 6 of these Conditions. 

ARTICLE 10 : REFUNDS

1- General Provisions

a)   If we are not able to provide transportation under the contract of carriage, or if you request a change in your journey, we will refund the unused ticket fares in accordance with this Article 10

b)  Except as otherwise provided in our Regulation and Conditions related to fare ticket, we will refund taxes, fees and charges for the unused route.

c)   If you ask for a refund, you must prove you are the person who paid for the ticket 

d)  Unless otherwise specified, we will only make one refund to the relevant documents.

e)   No refund will be made without the passenger coupon and all unused flight coupons. In the case of  an e-ticket, you must submit an identity document and the request must be made before the date of expiry.

 

2- Refund beneficiary

a)   We shall be authorized to refund either the person whose name is shown on the ticket, or the party that paid for the ticket, or to the person appointed by the passenger providing a power of attorney duly legalized.

b)  If a Ticket was paid by a person other than the person whose name is shown on the Ticket, we will only refund to the person who had paid the ticket.

c)   Except in the event of ticket loss, refunds will only be made upon remittance of the Passenger Coupon as well as all unused Flight Coupons.

d)  A refund made to a person who presents him/herself as being the person entitled to the refund and who remits the Passenger Coupon or the Itinerary Receipt as well as all the unused Flight Coupons, shall be deemed valid and shall release us from all liability and all subsequent claims of  this refund.

 

3- Involuntary Refunds

a)   If we cancel a flight, or if we made you miss a connecting flight on which you hold a reservation, under the terms of Article 5.2, or if we were not able to provide previously a confirmed seat, we will pay fare refunds. In that case, the refunded amount of unused ticket would be the equivalent of the fare paid, after deduction of service fees.

b)  If a portion of the ticket has been used, the refund will be equivalent to the sector that has not been used, calculated on the sector traveled. Except the service fees, all tax and charge relating to the  unused sector will be refunded. 

4- Voluntary Refund

a)   If you are entitled to obtain reimbursement for your ticket, for reasons other than those referred in  the above paragraph of this article, the refund shall depend on the fare conditions of the ticket, after  deduction of service fees.

b)  Refunds will be performed only for ticket issued by us or our Accredited Agents. 

5- Refund for lost tickets

In the event of the loss of all or part of a ticket, you shall be refunded under the following Conditions:

  • You provide us satisfactory proof of loss issued by the police,
  • You signed for us a proof of loss (AIR MADAGASCAR form), 
  • The ticket has not been used for carriage and has not been previously refunded nor replaced nor exchanged (unless the use, the refund or the replacement is attributable to us);  
  • Your request is made before the expiration of the ticket validity. 

The maximum period of refund is 13 months from the receipt of the request file. 

6- Refund Refusal Right

a)   We may decide to refuse to give you a refund if you apply for it after the expiration of the ticket validity.

b)  We may decide to refuse to give you a refund if your ticket constitutes a deposit for your leaving the country, unless you provide sufficient proof that you are authorized to reside in said country or that you will leave using another Carrier, or by any other means of carriage.  

 

7- Refund Currency

Any refund is made in the same currency as used when the ticket was purchased, but can also be made in another currency determined by our Regulation. 

ARTICLE 11 : BEHAVIOR ON BOARD

1- Inacceptable behavior

If, while you are on board the aircraft, we have good reasons to believe that you:

  • endanger the safety of flight, the aircraft or any person on board;
  • obstruct the crew from performing their duties; 
  • do not comply with the crew’s instructions relating to the security, alcoholic beverage or drugs;   
  • do not comply with the signing: -seat belt, -smoking prohibited,  
  • have committed a criminal offense
  • are guilty of a bomb threat or any security measure
  • have threatened, assaulted or insulted the crew or the other passengers;

We may take measures we consider reasonable, including restraining measures, in order to prevent the continuing of such behavior.

a)   These measures may include disembarking the passenger during the flight, or in an intermediate stopover, as well as refusing all future carriage on our flights.

b)  At the landing, we may decide to report the incident on board the aircraft to the competent authorities, so that they will sue you for any criminal offense that you're likely to commit. 

c)   You shall pay all expenses incurred by your behavior. 

 

2- Electronic equipment

a)   Unless expressly authorized by us, you do not have to use on board electronic items including portable radios, cell phone, electronic games, and transmission equipments.

b)  Computers, digital equipment, recorders and radios, video cameras, are prohibited when the aircraft is in gate, taking off and landing.

c)   However, hearing aids and pacemakers and any other medical devices implanted in the human body can be used at anytime. 

ARTICLE 12 : ANCILLARY SERVICES

If, within the scope of the Contract of Carriage and subject to the applicable law, we agree to provide you ancillary services, provided by third parties, such as a Tour Operator, a railroad company, or a hotel, we act as a simple agent and cannot be held responsible for the failure of these services. The conditions of transport and sale of such third parties will apply and we are relieved of liability except in case of proven intent or gross negligence of our part. 

ARTICLE 13 : ADMINISTRATIVE FORMALITIES, TRAVEL DOCUMENTS AND LIMITATIONS ON ENTRY

1- Your responsibility

a)   You (not us) check the relevant entry requirements for any country you are visiting and present us necessary travel documents, including passports, visas and any other authorization or particular required by the applicable law in the departure, transit or destination countries, and shall comply with each country requirements about the immigration and border control. We will not be held responsible for the consequences incurred if you: 

  • do  not  hold  the  necessary  travel  documents  such  as  passport,  visa,  vaccination  or  good health  certificate,
  • present invalid travel documents: outdated or falsified; 
  • do not comply with all applicable laws, 
  • were absent during the customs luggage inspection, and that a loss or damage was suffered from this. 

b)  At the check-in, you must present passports, visas and other travel documents you need for your trip. These documents must be valid. You are required to allow us to make copies of said documents, and to record information contained in them.

c)   We reserve the right to refuse to carry you if you do not comply with the laws and Regulations in force or if we have reason to believe that your documents are not conformed to the rule. 

2- Refusal of entry

a)   If you are denied entry into a territory, you must pay:

  • all the charges or fines assessed against us by the local authorities,   
  • all detention costs that we are charged;  
  • the expenses for the carriage relating  to your return to departure country; and  
  • all other fees  that we pay or agree to pay following the refusal of entry. 

b)  We will not refund the ticket relating to the carriage to the point of refusal or denied entry.

c)   If we have to pay or deposit a fine or penalty or incur any kind of expenses due to a refusal of entry because of your failure to comply with the applicable law in force in the concerned countries, and due to your failure to present any required document, we may apply towards such payment from the value of any unused part of your ticket or any of your funds in our possession.  

3- Customs Inspections

If required, you shall attend; you should be present at the inspection of your baggage by customs or other government authorities. We shall not be liable to you for any damage or loss you suffer in course of such inspection or through your failure to comply with this requirement. 

4- Security Inspection

You shall required to submit yourself or your baggage to any security (and safety) inspection required by the Governments or airport officials or carriers. 

ARTICLE 14 : LIABILITY FOR DAMAGE

1- General provisions

a)   These Conditions of Carriage govern our liability

b)  The other carriers’ conditions of carriage govern their liability towards you. Other carriers may have less restrictions. The carriage made under these Conditions is subject to the rules and liability limitations governed by the Convention.

c)   The carriage within the Malagasy territory is subject to the Malagasy law and Regulations. 

2- Our liability

a)   Our liability is limited to damage that occurred during the flights or segments of flight for which our Airline Designator Code appears the carrier box of the coupon that corresponds to the flight.

b)  If we issue a ticket or check baggage on behalf of another carrier, we shall only act as an agent of the latter.           

c)   Our liability cannot exceed the amount of damages and expenses which proof is brought under the Convention, and we shall not be liable for indirect damages or non consecutive immaterial damages.

d)  We shall not be liable for damages of unchecked baggage, unless you present a proof on the fact that this damage is due to our willful misconduct. 

e)   You shall be entirely responsible of the damage caused by your unchecked baggage to other persons or on the property belonging to other persons.

f)   We decline our liability on damages of objects listed in the above Article 8.3, which cannot be transported as checked baggage.

g)  Pursuant to the provisions in Article 17 of these Conditions, we shall not be liable for personal injuries such as illness, injury, disability or death, attributed to the health condition of the passenger or any aggravation of it.

h)  Our Contract of Carriage, including these Conditions of Carriage and all the liability exclusions or limitations shall apply to our Accredited Agents, our employees, and our representatives.

i)   Except as expressly otherwise provided for, none of these Conditions shall constitute a waiver of any exclusion or limitation of liability where we shall prevail in accordance with the Convention and mandatory applicable law. 

j)   We shall be partially exonerated from our liability on any damage if you have committed a  negligence or wrongful act or omission caused or contributed to the damage.  

3- Our liability in the event of bodily injuries

a)   Our liability for proved damages sustained in the event of death, wounding or any other bodily injury suffered by a passenger in the event of an   accident that occurred on board the aircraft or in the course of any embarking or disembarking operations is defined by the Article 17 of the Convention.

b)  For any damage equivalent up to and including the sum of the equivalent of 113,100 SDRs we shall not exclude or limit our liability, unless we prove that:

  • such  damage,  in  the  event  of  death,  wounding  or  other  bodily  injury,  is  a  result  of  the physical  or  mental  health  condition  of  the  passenger  prior  to  the  operation  of  his/her boarding; 
  • such  damage  was,  totally  or  partially,  caused  by  negligence  or  other  wrongful  act  or prejudicial omission of the injured passenger;  
  • that we have taken all measures in order to avoid the damage or were unable to take them according to Article 20 of the Convention;  
  • such damage was not caused by our negligence or  our other wrongful act or  prejudicial omission or by our servants or agents to the extent that, according to the Convention, the amount exceeds 113,100 SDR per passenger. 

c)   We shall, without delay and in any event not later than 15days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered. Said advance shall not be less than 16,000 SDR per passenger in the event of death.  

4- Amount of the Compensable Damage

a)   The compensation of the passenger, in case of death, injury or other bodily injury, according to the above paragraph 3.a shall be evaluated in proportion to the damage suffered, mutual agreement, by expertise or by competent court.

b)  According to these conditions, we shall compensate the passenger only beyond his/her received payment, under the social system to which he/she is affiliated.

c)   We reserve all rights to remedies and subrogation against any third party. 

d)  The payment of such advance shall not constitute any recognition of liability of our part and said amount may be deducted from any further amounts for compensation.

e)   Passenger shall reimburse the advance if it is  subsequently proved that:

  • The  negligence  or  other  wrongful  act  or  prejudicial  omission  of  the  claimant  or  of  the person whose rights they hold caused or contributed to the damage.  
  • The person to whom the advance was paid was not entitled to compensation. 

5- Our liability as a result of delays

a)   about the compensable damage:

  • only direct damage, proved and directly caused by delay is compensable,  
  • passenger shall establish that damages are directly caused by the delay.  

b)  Our liability

  • We  are  not  liable  for  damage  to  passenger  caused  by  delay  if  we  prove  that  we  and  our servants  and  agents  took  all  reasonable  measures  to  avoid  the  damage,  or  that  it  was impossible for us to take such measures.  
  • In the same way, we are not liable for damage caused by delay if this delay is caused by the passenger or he/she contributed to it.  

c)   Compensation

  • In  case  of  damage  to  the  passenger  by  a  delay,  as  defined  in  the  Convention,  excluding prejudicial act or omission of the passenger, the amount of compensation depends on the damage  proved  by  the  passenger.  In  all  cases,  our  liability  is  limited  to  4,694  SDRs  per passenger. 
  • In  case  of  damage  caused  by  a  delay  in  delivering  checked  baggage,  and  excluding wrongful act or prejudicial omission of the passenger, our liability shall be limited to 1,131 SDR  for  each  passenger.  We  could  compensate  with  essential  needs  while  waiting  for delivery of baggage.    

6- Our liability in case of damage to baggage

a)   We are not liable for damage to your baggage if it is caused by objects contained in the said baggage.

  • If the objects in your baggage are the cause of the damage to another person or to us, you shall indemnify us for all losses and expenses. We  are  not  liable  for  any  damage  and/or  loss  caused  by  fragile,  perishable  or  valuable items, or improperly packaged items, in conformity with Article 8.3. 
  • We are not liable for damage caused entirely or partly by your negligence, wrongful act or prejudicial omission or by your claimant.   

b)  Amount of compensation

  • In  case  of  checked  baggage  and  except  for  wrongful  act  or  omission  done  with  intent to cause damage or recklessly and with knowledge that damage could result, our liability shall be limited to 1,131 SDR per passenger on the International Network and in conformity with our Regulation on the Domestic Network.  
  • For unchecked baggage allowed on board, our responsibility can not be invoked unless you can prove that the damage is due to our fault. Our liability shall be limited to 1,131 SDR per passenger on the International Network and in conformity with our Regulation on the Domestic Network.  
ARTICLE 15 : DENIED BOARDING COMPENSATION

1- Denied boarding

a)   In case of overbooking, we call upon passengers who are willing to give up their seat for compensation.

b)  If there are not enough volunteers, we deny boarding other passengers using our own priority system. The passengers, who reluctantly give up their seats, are entitled to compensation, with the following conditions:

  • the passenger has been issued an appropriate ticket and a booking has been confirmed for the flight.
  • the passenger has been at the check-in desk before the check-in deadline as indicated by  us  or our accredited agent.
  • the passenger did not benefit from a free ticket or a discount rate directly or indirectly accessible to the public.

2- Passenger’s rights in case of denied boarding

a)   Assistance:

   The passenger will choose between:

  • Refund within seven days according to the terms of payment at the price of purchase, for the parts of travel not completed ( or for the parts of the travel that  are useless compared to the initial travel plan), or  
  • Rerouting  towards  a  final  destination  in  the  similar  conditions  of  carriage  and  in  the shortest time possible or
  • Rerouting towards a final destination in similar conditions of carriage on another date, at his/her convenience, if a seat is available.

b)  Support:

      In addition, we will offer to the passenger denied boarding: 

  • Sufficient refreshments and meals during the waiting time,
  • A hotel accommodation in cases where a stay of one day or more is required,
  • Two 3 minutes phone calls, or fax/email message.

3- Amount and terms of payment of compensation

a)   The amount to be paid will depend on the distance and/or the flight network, in conformity with the Convention and with our Regulations.

b)  The compensation will be paid in cash or in the form of travel vouchers and/or other services  depending on the choice of the denied boarding passenger. 

 

ARTICLE 16 : TIME LIMIT FOR CLAIMS AND ACTIONS

1- Notification

a)   If you receive checked baggage without making a complaint as they are delivered to you, we assume   that they are delivered in good condition.

b)  If your checked baggage is damaged and in conformity with the Article 26 of the Convention, no  will be accepted if you have not filed a complaint as soon as you discovered the damage,  at the latest within seven days after receiving the baggage at the airport.

  • If your checked baggage is delayed, the deadline is twenty one days from the date when the baggage were at your disposal.
  • As soon as we receive your claim, we will establish Property Irregularity Report 

2- Limitations period

a)   You will have no right to damages if an action is not brought within two years calculated from the date where the damage occurs.       

b)  Any claim and action must be made in writing within the mentioned deadlines 

 

ARTICLE 17 : PASSENGERS WITH A HANDICAP OR PHYSICAL DISABILITY

1- General points and bookings

  • If you are a passenger with a handicap or any physical disability and if you need a special assistance, please let us know of your special needs when you book your trip.

  • We will put you on a flight with adequate facilities to meet your special needs.

  • If you do not inform us about your needs at the time of your booking, we will nevertheless use reasonable efforts to accommodate your special needs.

 

2- Seat allocation

All provisions stated under in Article 5 apply to seat allocation to passengers with a physical disability. Seats near emergency exits will never be allocated to handicapped passengers, or those with guide dogs on board. 

3- Traveling with a personal attendant

We may require that you travel with an attendant if it is necessary for your health and your safety, or if you seem not to be able to assure your self evacuation of the aircraft or if you are unable to understand the safety instructions. 

4- Baggage

a)   Devices or assistance equipments, wheelchair, white cane, guide dogs are carried at no extra charge.

b)  The  use  of  medical  oxygen  service  on  board  could  be  allowed  on  some  flights  and  will  be  an additional  charge  for  the  passenger.  In  addition;  in  this  case,  you  should  travel  with  an  attendant.

 

5- Stretchers:

Passengers on a stretcher may not be accepted on all flights

ARTICLE 18 : OUR REGULATION

1- Infants

When  we  carry  you  and  your  baggage,  you  are  required  to  comply  with  our  regulation,  especially, pertaining to: 

  • Accompanying compulsory over 18 years (valid person). If parent or legal guardian, the guide can be less than 18 years
  • A baby is not entitled to a seat.
  • An adult traveling with two babies: 2nd baby must be in possession of a ticket price "CHILD" which gives right to occupy a seat.
  • The approved car seat travel is possible (certificate support). The width of the seat base must not exceed 41cm.
  • The length of the bassinet/cradle board: 70cm with maximum authorized weight of 12kg.
  • If insufficient cradle, the location of the baby should be far from an exit
  • The journey of a newborn less than 7 days is allowed but not recommended

Travel in incubator

Transport baby in incubator exclusively on stretcher.

There are no baby carriages in incubator on domestic flights.

2- Accompanied children

1-    Les bébés :

  • Children over 2 years and under 12 years traveling with their parents or guide
  • Accompanying means a passenger valid at least 15 years for one child, a passenger valid at least 18 years for two or more children.
  • No restriction on number of children supported in an airplane.
  • Features accompanied children under 8 years: If the guide for a child over 2 years and under 8 years is not his father, mother or legal guardian, the companion must sign a waiver.
  • Features accompanied children aged 8 to 12 years old
  • Record book to consult to J -1
  • If they are in the same booking as their guide, they may be accepted without restriction even if their names are different from that of their companion
  • Otherwise, the companion must sign a waiver.

3- Group of children

  • 1 valid companion of 18 years and older, with 10 children aged 4 to 12 years on the home network and 5 to 12 years on the international network.
  • 1 valid companion of 18 years and over , for 2 children aged over 2 years and less than 4 years on the home network and 2 years to less than 5 years on the international network.
  • In the cabin, a maximum of 2 children per block triple seats is allowed.

Children cannot be placed on seats in emergency exits.

 

4- UM or unaccompanied minors

a) Conditions of Acceptance and sales

  • A child is allowed to travel alone on MD from 4 years on the home network and from 5 years in the international network.
  • unaccompanied children from 4/5 to 11 years are required to travel as UM (Unaccompanied Minor - unaccompanied minors ) and are supported by Air Madagascar
  • Unaccompanied children are allowed to travel on the basis of " child fare " and will be supported by the company PROVIDED THEY DO NOT SUFFER ANY NATURAL OR MENTAL DISABILITY .

Children from 2 years to less than 4 years on the home network and 2 years to less than 5 years on the international network cannot travel alone. Unless, at the request of parents, the company can provide an additional hostess for their assistance during the trip. In this case, the UM is taxed costs " ADULT " and has a normal free baggage allowance " ADULT ".

b) When irregularities

  • maximum assistance during irregularities and special handling in transit

c) The organization UM

  • Filling a mandatory disclaimer by parents.
  • The person in charge of the UM, to arrive at the departure station , can not leave the airport until the aircraft has not taken off .
  • The person in charge of the UM, to welcome the arrival stop, cannot leave the airport until the UM he has not been given.

d) Limited number in cabin for UM

AIRCRAFT

QUOTA UM

From 4 ans to 8 years old

From 8 years to 12

TOTAL
A 340 04 20 24
B.737-300 04 19 23
ATR-72 04 10 14
ATR-42 04 08 12
DHC-6 02 02 04

 

5) Passengers with reduced mobility;

6) pregnant women and sick passengers;

7) Carrying animals; 

a) PETC :

  • carriage in the cabin pet's
  • carried in an ONLY wicker (basket) or metal container but in no case in a box. More than one animal may be in this container,
  • animal and its containing are included in the baggage allowance. The maximum weight of PETC and the container is equal to 05 kg,
  • acceptance in cabin is subject to quota, the request must be introduced in the reservation file by: SRPETC,
  • animal is under the responsibility and sole custody of the passenger during transport
  • accepted in addition to the authorized baggage cabin. Weight exceeding the baggage allowance will be charged at the normal rate.
  • the accompanying dog (guide) is carried free of charge regardless of the weight, it must be properly harnessed and muzzled.

b) AVIH :

  • transport in hold exclusively
  • AVIH is carried in a container made out of metal or rigid plastic approved IATA which must withstand claws and teeth of the animal and should be well ventilated,
  • maximum permissible weight of an AVIH as checked baggage is 32 kg and the sum of the three dimensions must not exceed 158 cm.
  • when the total weight of the cage and AVIH exceeds 32 Kg, transport of the AVI must be carried out under the Freight
  • on long-haul or regional flights, comply with the regulations of the countries of transit and / or destination,
  • included in the baggage allowance, the excess weight of AVIH will be charged at the normal excess baggage rate.

8) Applicable restrictions on the use of electronic devices on board;

9) Smoking and drinking alcohol on board;

10) Prohibited items in the baggage and

11) Baggage size and weight restrictions 

 

ARTICLE 19 : APPLICABLE LAW

These Conditions of Carriage shall be governed by the Malagasy law.

In case of dispute, arising out of or in connection with these Conditions of Carriage, Malagasy courts shall have exclusive jurisdiction. 

ARTICLE 20 : INTERPRETATION

The publication and/or online display of these Conditions of Carriage is only for your information.

These  Conditions  of  Carriage  are  available  in  French  version;  in  case  of  conflict  or  inconsistency between the two versions, the French version will prevail.