Article I : Definitions

Article II: Field of application

Article III: Ticket

Article IV: Fares, fees, taxes and charges

Article V: Booking

Article VI: Record / Embarkation 

Article VII: Refusal and limitation of carriage

Article VIII: Baggage

Article IX. Schedules, Delays, Cancellation of flights

Article X: Repayment

Article XI: Behavior on board

Article XII: Administrative formality

Article XIII: Liability for damages

Article XIV - Deadlines for protest and action in liability

Article XV: Amendments and deletions

Article XVI: Litigation and general duties

 

Article I : Definitions

Accredited agent      
Means a natural or legal person that the carrier has agreed to represent him in the sale of air transportation on its services.

Pets 
Pet means the pet accompanying, in the cabin or checked baggage, the passenger who is either the owner or an individual who assumes responsibility on behalf of the owner during the trip (from the record landed)

Stop over Voluntary cessation (or 'Stop-over')   
means a slumber by the passenger during his trip, a stopover between the starting point and the destination point and set out on the ticket or in the schedules.

Baggage 
Means the effects and other personal property accompanying the passenger during his trip. Except as otherwise provided, this term refers to both the baggage and the baggage Non.registred

Cabin Baggage (cf « No recorded Baggage »)

Baggage registered   
Means baggage which the carrier accepted custody and for which a form of Identification has been issued. 

Non registered or "Cabin baggage"           
Means baggage, other than the baggage. This baggage remains in the custody of the passenger.

Ticket 
Means a valid document giving entitlement to Transport, either as a 'title of individual transport or collective', either by an equivalent in paperless form form means, issued or authorised by the carrier or its authorised Agent and completed possibly a form of Identification to the baggage. It materializes the contract of carriage and, as such, includes the present General Conditions of carriage. It includes notices to passengers, as provided for in the Convention.

E-ticket 
Electronic ticket means the ticket saved by the carrier or its application by a computer reservation system and which attest the travel Memo (also called "Itinerary/receipt"), the Coupon of electronic theft or any other document of equal value, issued by the carrier or by an authorised Agent.

Contract of carriage             
Means statements and stipulations contained in the ticket, identified as such and including these Conditions of carriage and notices to passengers.

Damage 
Cover damage sustained in case of death or injury that a passenger may suffer or resulting from a delay, a total or partial loss, or any other injury arising out of because of the Air Transport, as defined below, or in direct connection with it.

Franchise – baggage allowance      
Baggage refers to the maximum quantity of baggage (number and/or weight and/or size) fixed by the carrier with which each passenger can travel.

Time limit for registration or "HLE" or "Late registration"         
Means the time limit before which the passenger should have made its formalities, including registration, including where appropriate, luggage and being in possession of his boarding or boarding card.

Passenger 
Means any person in possession of a ticket, apart from members of the crew, carried or to be carried in an aircraft.

Passenger with reduced mobility   
Means any person whose mobility is reduced when using a means of transport, because of a physical disability (sensory or locomotors, permanent or temporary), intellectual disabilities, age or any other cause of disability, and whose situation needs special attention and the adaptation to its needs of the services made available to all passengers.

Rates 
Means the rates of carriage reserved by the passenger, in a class of booking for routes, flights and, if applicable, the given dates.         

Tariff HT or "Rate excluding tax"    
Means the rate charged to the passenger, excluding Taxes and costs of issuance.

Tariff incl. VAT or "Rates all Taxes included"        
Means the tariff HT plus Taxes.

Fees 
Means fees, taxes and charges imposed by a Government, by the Manager of an airport, or by any other authority, as defined in article 4 below.

Carrier 
Means Madagasikara Airways, whose Code of Designation "MA" appears on the ticket or on a conjunction ticket

 

Article II: Field of Application

a) All regulations and conditions of flight should be mentioned in the ticket which is marked the company logo

b) These General Conditions of carriage also apply to transport for free or discounted, except contrary as contract of carriage or in any other contractual document which would bind Madagasikara Airways passenger.

 

Article III: Ticket

1. General provisions

a) Madagasikara Airways staff allows the passenger to ride on board or to registration in the presence of his ticket on the latter and other evidence proving his identity;

b) A ticket is non-transferable and remains the property of the carrier that has issued it;

c) Some tickets sold at reduced prices, are partially or completely non-refundable. It belongs to the passenger choose tariffs corresponding best to its expectations and to ensure contract appropriate insurance to cover instances where it would have to cancel his trip;

d) The passenger may be carried if it is able to present a valid ticket for this flight, except for the e-ticket where the passenger will be carried on a flight unless it produces a valid proof and acceptable to its identity and a valid electronic ticket was issued in his name.2.

2. Period of validity

a) The period of validity of a ticket is one year from the date of issue or one year from the date of the first coupon if it occurs within one year from the date of issue unless otherwise provided in the ticket, or these terms and Conditions of Transport or if rates affecting the validity of a ticket.

b) If, after having started his journey, the passenger is prevented for reasons of health, to continue during the period of validity of the ticket, the carrier may, after that the passenger has delivered an appropriate medical certificate, extend the validity of the ticket until the date when the passenger becomes fit to travel or until the date of the first available flight, after declaration of aptitude. This extension is the beginning course to the point where the journey was interrupted and applies for transportation in the class of the fare paid. Similarly, the carrier will extend the validity of tickets of other members of the immediate family accompanying the passenger.

c) In the event of death of a passenger during the journey, the tickets of persons accompanying the deceased can be changed either waiving minimum stay or extending the validity of these tickets. In the event of a death in the family near a passenger whose journey is started, the validity of the tickets of the passenger and those of members of his immediate family traveling with him can be changed in the same way.

d) Changes mentioned above will be valid upon receipt of a death certificate in due form and any extension provided for in this article shall not exceed thirty days (30) after the date of death

3. Order of use of the coupons and the ticket changes

a) The ticket purchased by the passenger is valid only for transport which is indicated, the point of departure to the destination via any intermediate stop planned during the purchase of the ticket. The tariff paid passenger matches the journey shown on the ticket and constitutes an essential element of the contract of carriage between the carrier and the passenger;

b) In case where the passenger would like to change all or part of his journey, he must make contact with the carrier in advance. The price of his ticket will be recalculated. The passenger will then have the possibility of accepting the new price or maintaining the original transport, as recorded on the ticket. If changes do not rate changes, others, such as changing the point of departure or destination of your trip, can result to modify the tariff. Many fares are valid only on the dates and for the flights shown on the ticket and cannot be changed, at least, in some cases, paying a tariff supplement;

c) In cases where there is a change, the rates will be also changed compared to the change taking into account the difference between the price of the ticket purchased and the new ticket. In any event his former Coupons will no longer have no value

4. Identification of the carrier

The company name may be abbreviated in the ticket, through its designator Code, or any other form. Its address is considered as that of the airport of departure indicated in front of its name in the "Carrier" of the ticket or, in the case of electronic ticket box.

 

Article IV: Fares, fees, taxes and charges

1. Prices

The prices apply only to the transport from the airport to the point of origin to point of destination airport. The tariff will be calculated in accordance with the rates in effect at the date of the purchase of your ticket, for a trip scheduled dates and itinerary shown on this ticket. Any change of itinerary or the dates of your trip may have an impact on the applicable fare.

Unless otherwise provided in the contract of carriage, or in any other contractual document between the carrier and the passenger, rates apply exclusively to travel under this agreement or to this document;

2. Taxes and fees

All fees, taxes or charges imposed by a Government, by any other authority or the Manager of an airport will be charged to the passenger. When buying the ticket, the passenger will be advised of these costs, taxes or fees, which are in addition to the rates and, in most cases, appear separately on the ticket. They are constantly changing and can be created (or increased) after the date of purchase of the ticket, in which case the passenger will have to pay the corresponding amount;

3. Currency of payment

The fares, taxes, fees and charges may be paid in Ariary, Euro or Dollar, unless another currency is specified by the carrier himself or his authorised Agent, the purchase of the ticket or previously (for example, due to the lack of convertibility of the local currency). In addition, the carrier may, at its discretion, accept payment in another currency.

 

Article V: Booking

1. Conditions of booking

a) Reservations are not confirmed until they are accepted and recorded by the carrier or its authorized agent in the reservation of the carrier system. On request, the carrier will provide a confirmation of the reservation.

b) Some rates may be subject to conditions which limit or exclude the possibility to change or cancel reservations.

2. Deadline for the ticket

If a passenger has not paid his ticket before the deadline for issuance of the ticket as indicated by the carrier or its authorized agent, the booking can be cancelled and the space available again for sale.

3. Personal information 

The passenger recognizes that the personal information have been disclosed, purpose of making a reservation, purchasing a ticket, obtaining ancillary services, to provide various benefits, to facilitate the accomplishment of the administrative formalities relating to immigration and entry into the territory, and that this information may be disclosed to governmental authorities, in the exclusive context of the trip , and subject to applicable law.

To this end, the passenger may authorize the carrier to retain such information and to transmit them to its own offices, its Authorized Agents, government authorities, carriers, within the meaning of section I above, and the above mentioned service providers, regardless of the State.         
The passenger may obtain information about it. He has a right of access and rectification.

4. Allocation of seats

Passengers can choose their seat if this is available but the carrier cannot guarantee the allocation of a given seat, even if the reservation is confirmed for the headquarters. The carrier reserves the right to change the allocation of seats at any time, this is sometimes necessary for reasons related to the operation, safety or security.

5. Cancellation of reservations on a continuation flight or back 

If the passenger fails to record a flight, the carrier may cancel their reservations for onward or return journey, unless the passenger has informed in advance the carrier

 

Article VI: Record / Embarkation   

a) Hours recording limits (HLE) are set to 45 minutes prior to departure. It is recommended that the passenger to inquire in advance and to respect, in order to facilitate the travel and avoid its reservations is canceled. The carrier or its Authorized Agents will provide all necessary information on the strength of its first flight on its lines;

b) It is the responsibility of the passenger to arrive at the registration desk Madagasikara Airways 2 h before the departure of the flight, in order to accomplish all the formalities and, in any event before the check-in deadlines indicated by the carrier. If the passenger fails before the check-in deadlines at the registration desk of the carrier or fails with a document corresponding to the voyage concerned and that the passenger is thus unable to travel, the carrier may cancel the square which was reserved and dispose of it, without any liability to the passenger;

c) When a Flight Coupon is not removed at the check-in counter, at the time where the passenger receives his boarding card, the Coupon in question remains in its custody and it will remit to the carrier at the time of boarding;

d) The passenger must be present at the boarding gate no later than at the time specified by the carrier during the recording;

e) The carrier may cancel the reservation of the passenger if it does not arrive at the boarding gate at the time that it has been indicated, without any liability of the carrier to the passenger;

f) Liability to the passenger for any loss, damage or expense may be sought if the passenger has not complied with the conditions of this article 

 

Article VII: Refusal and limitation of carriage

1. Right to refuse the carriage

The carrier may refuse to any point boarding and/or correspondence to carry a passenger or baggage if one or more of the following cases occurs:

a) The passenger is not complied with the laws, regulations or orders in force in any State or country of departure, destination, stopover or overview;

b) The transport of the passenger and/or baggage could endanger the safety, health, comfort or convenience of other passengers or crew;

c) Physical or mental condition of passenger, including a State caused by consumption of alcohol or taking drugs or drugs, presents a hazard or risk to himself or other passengers, the crew or property;

d) The passenger has behaved badly on a previous flight and the carrier has reasonable grounds to believe that such conduct may be repeated;

e) The passenger has refused to submit to security checks or refused to provide evidence of his identity;

f) The passenger (or the person who pays the ticket) has not paid the applicable fare or any costs, taxes or fees payable;

g) The passenger does not appear to have valid travel documents, he sought to enter a territory during a transit, he destroyed his travel documents during the flight, he refused to surrender to the aircrew or ground, the carrier's copies of these documents, or travel documents are obsolete, incomplete with regard to the regulations in force or fraud (identity theft falsification or counterfeit documents);

h) The ticket presented by the passenger

  • has been fraudulently acquired or purchased from one entity other than the carrier himself or his accredited agent;
  • has been tampered with or counterfeit.
  • has been listed as lost or stolen document
  • has a Coupon of flight that has been damaged or modified by someone other than the carrier or its authorised Agent;

i) The passenger has not used the flight Coupons in order of issuance,

j) The passenger claims to the carrier, when the registration or boarding, special assistance that was not requested at the time of the booking of his journey;

k) The passenger did not observe the instructions and regulations concerning the safety or security;

l) In the case a person who presents a ticket cannot prove that he is the person named in the "Name of the passenger" box, the carrier reserves the right to retain this ticket and inform the local authorities of the presence of the passenger;

m) In these cases provided above, the carrier reserves the right to retain the passenger ticket.

2. Special assistance

a) Acceptance for carriage of unaccompanied children, passengers with reduced mobility, pregnant women and sick people or anyone else needing special assistance is subject to the prior consent of the carrier. Passengers with reduced mobility who have notified the carrier of their disability or any particular need for assistance at the time of the purchase of their ticket and that the carrier accepted, in full knowledge of the cause, may be denied boarding by virtue of their disability or their particular need. The number of passengers with reduced mobility is limited to 01 place per flight.

b) If the passenger wishes a special meal, it must, at the time of booking (or change of reservation) or within the time that the carrier will be communicated to it, inquire with the carrier of its availability; Alternatively, the carrier may ensure the presence on board the flight in question, of this special meal. Due to operational constraints, certain applications can be met. In such cases, the carrier is not liable to the passenger;

c) If the passenger has a medical history, it is recommended to consult a doctor before boarding on a flight, and to take all necessary precautions;

d) In addition, if a request corresponding to the cases referred to the a) and b) above is made at the time of registration, the carrier shall not be liable if it was unable to satisfy it and it may even deny boarding to the passenger, as appropriate, in accordance with the terms of paragraph 1 of this article.

 

Article VIII: Baggage             

1. Free baggage allowance 

Any ticket entitles you to a free baggage allowance of a piece of 18 Kg in cargo compartment dimension maximum L + l + h = 158cm and 05kg in the cabin maximum size L + l + h = 115cm.

2. Excess baggage

If exceeded the baggage allowance granted, the passenger must pay a tariff surcharge of MGA10.000 per kg, to conditions available on request to Madagasikara Airways sales and/or the station.

3. Objects not allowed

The passenger shall not include in his luggage: 
a) Objects likely to endanger the aircraft, persons or property on board, such as those which are specified in the regulations on dangerous goods of the Organization, of the International Civil Aviation (ICAO) and the International Association of air carriers (IATA) and in the carrier's regulations;

b) As it is applicable (additional information are available from on-demand carrier services);

c) Objects whose carriage is prohibited by the law in force in any State of departure, destination, and overview or programmed stop;

d) Objects which the carrier considers reasonably than their weight, their size, their configuration, or their nature, fragile or perishable, make them unsuited transport, taking into account, inter alia, the type of aircraft being used. Information on these objects can be provided to the passenger upon request;

e) Firearms and ammunition other than for hunting or sport, which, to be accepted as checked baggage must be unloaded, suitably packed and have the safety catch engaged. The carriage of ammunition is subject to ICAO and IATA dangerous goods regulations, as indicated in paragraph a) above;

fCollection weapons, swords, knives, and other weapons of this type, if they are transported in the cabin. They may nevertheless be accepted as checked baggage, at the discretion of the carrier;

g) Of perishable materials, the funds, currency, jewelry, works of art, precious metals, silverware, values or other valuable items, price clothing, equipment for optical or picture, hardware or electronics or telecommunications, musical instruments, passports and parts of identity, samples, business, manuscripts or securities, individualized or fungible, etc.;

h) Sharp weapons, thrusting weapons, aerosols that can be used as weapons of attack or defense;

i) Live animals, except pets and provided that the conditions of paragraph 10 of this article are complied with

4. Right to refuse carriage

a) At any point of embarkation or intermediary, the carrier may refuse to carry as baggage the items listed in paragraph 3 above, or refuse to continue to carry them, if he discovers them during the trip;

b) The carrier may refuse to carry as baggage any item because of its size, its shape, its weight, its content, its configuration or its nature, or for operational reasons, security/safety or to preserve the comfort and convenience of passengers. Information about this type of baggage is available on request;

c) The carrier may refuse to carry baggage if, in the reasonable exercise of its discretion, considers the poorly packed or placed in unsuitable containers.

5. Right of inspection

For security/safety reasons, the carrier may require the passenger to accept for him and/or his luggage, a search or any control type x-rays or other. If the passenger is not available, its luggage can be checked or searched in his absence or any weapons or ammunition which have not been presented to the carrier. If the passenger refuses to comply with such requests, the carrier may refuse to carry, and his luggage. If these controls damaged baggage and their contents, the carrier is liable, unless the damage comes directly from its done.

6. Checked baggage

a) As soon as the passenger will be handed his luggage registration, the carrier will be responsible for the custody and will issue it a baggage tag for each baggage; A bag of 18 KG of dimension maximum length + width + height corresponding to 158 cm;

b) The passenger shall affix its name or any other form of personal identification on the baggage;

c) Checked baggage will be, as far as possible, carried in the same aircraft as the passenger, unless, for operational or security/safety reasons, the carrier decides that they will be transported on another flight. If this is the case, the carrier him will deliver the baggage to the destination of the flight, unless the law provides that the passenger must be present for customs control.

7. Non Registered baggage - baggage cabin

a) The carrier may impose maximum dimensions for baggage which the passenger carries in the cabin. A bag of 5 KG of dimension maximum length + width + height corresponding to 115 cm including accessories such as: laptop, handbag;

b) Luggage/objects that the passenger does not want to be transported in baggage (such as fragile or other musical instruments) and which do not conform to the provisions of subsection) above, may be accepted for carriage in the cabin if the carrier was duly warned in advance and leave was granted. An additional payment may be requested for this service.

8. Value Declaration

a) If the value of the baggage exceeds the limit of liability shown in the Convention in the event of loss, damage or delay, the passenger can ensure itself its baggage either in writing declare a higher value. In this case, an additional amount shall be paid by the passenger: this amount will be communicated on request.

b) The carrier reserves the right to verify the adequacy of the value declared with the value of the baggage and its contents.

9. Withdrawal and delivery of baggage

a) The passenger must remove their baggage as soon as it is made available, at places of destination or stopover. If it does not withdraw them within a reasonable time, the carrier may charge child-care costs, a reasonable amount. If it does not withdraw them within a period of three months from making them available, the carrier may dispose of, without incurring any liability to the passenger;

b) Only the bearer of the baggage and the baggage tag is empowered to remove the baggage;

c) If a person claiming baggage is not able to produce the baggage and identify the baggage by means of the luggage tag, the carrier will be issued baggage only on condition that he or she establishes her rights to it in a satisfactory manner; at the request of the carrier, that person must provide a sufficient guarantee to compensate losses, damages or expenses that could result from such delivery;

d) At the time of delivery of the baggage, if the holder of the luggage or plug identification accepts luggage without any protest from its share, it will be presumed, unless proved otherwise, that the baggage has been delivered in good condition and in accordance with the contract of carriage.

10. Live animals /Pets

The carrier may agree to transport animals of passengers, after study case-by-case basis. of animals but only in the hold under the following conditions:

a) Animals must be properly placed in a crate crates / cage and accompanied by valid documents, such as health, vaccination and license certificates of entry or transit. According to destination, the transport of these animals may be subject to conditions, the passenger can acquaint with the carrier on request;

b) If it is accepted, the animal and its cage are included in the baggage allowance of the passenger;

c) Dogs guides as well as their cage accompanying passengers with reduced mobility will be transported free of charge, in addition to the free baggage allowance, in accordance with carrier's regulations, available on request;

d) When the carriage is not subject to the regime of liability of the Convention, the carrier is not responsible for any injury, loss, delay, sickness or death of an animal which he has agreed to carry, unless this damage is due to the carrier.

 

Article IX. Schedules, Delays, cancellation of flights

1. Schedule of flights

a) Flights and schedules shown in carrier's timetables Guides may change between the date of their publication and the journey of the passenger. These schedules have no contractual value;

b) Prior to acceptance of the reservation, the carrier will indicate to the passenger applicable schedules, which will be played on his ticket. It is possible that the carrier has to modify the programmed flight schedules, subsequent to the purchase of the ticket. In one such case, the carrier will notify the passenger to change if it provided coordinates for contact. However, the passenger is asked to check with the carrier, before the scheduled date of departure, that the flight schedules shown on his title of transport or its travel Memo have not been modified;

c) If after the purchase of the ticket, the carrier proceeded to a major schedule change, which is not suitable for the passenger and the carrier may propose alte;rnative reservation that satisfied him, the passenger will be entitled to reimbursement of his ticket.

2. Cancellation, rerouting, delays of flights

a) The airline is committed to do his best to carry the passenger and his baggage. In this context, and in order to avoid cancellation of the carriage, the carrier may be driven to make the trip on the services of another carrier, or by any other means of transport.

b) Unless otherwise provided in the Convention, if the carrier cancels a flight, or if it runs in excessive delays to the schedule if the flight does not stop at the point of stopover or destination, or if he missed a connecting flight, within a single Transport contract for which the passenger had a reservation the carrier shall, in agreement with the passenger:

  • transport on another of these scheduled flights where space is available, without additional charge and, where appropriate, extend as much the validity of the ticket;
  • or the re - routing to the destination shown on the ticket, in whole or in part, on its scheduled flights or on scheduled flights of a carrier, or by any other means of transport agreed parties. If the rate and the costs associated with the new routing are more low than the value of the ticket refund, in whole or part, the carrier will refund the difference to the passenger;
  • or the carrier will refund to the passenger ticket.

 

Article X: Repayment

1. Generalities

a) In accordance with the tariff regulation, the carrier will refund all or part of a ticket under the following conditions;

b) If a ticket has been paid by one person other than the one whose name appears on the ticket and if a restriction on the reimbursement is mentioned on the ticket, the carrier will refund to the person who has paid for the ticket, or to any person named by it;

c) Except in the case of loss of the ticket, the refund will be made once the carrier has received evidence and all unused flight Coupons;

d) A refund to the person presenting himself as the person entitled to the refund, in accordance with the paragraphs (a) and (b) above, having submitted the supporting documents as all Flight Coupons unused will be considered valid and will unload the carrier from liability and any subsequent claim for reimbursement;

e) During his trip, already started, an event of force majeure prevents the passenger to continue his journey; the ticket of the latter will not be refunded.

2. Involuntary refunds

If the carrier cancels a flight, or if it runs within a time that is excessive in relation to the schedule or if the flight does not stop at the point of destination provided it made miss a connecting passenger flight or if it denied boarding to the passenger overbooking programmed for any passenger holding a single contract of carriage, the amount of the refund will be:

a) Equivalent to the fare paid, if no portion of the ticket has been used;

b) At least equivalent to the difference between the fare paid and the fare for the carriage not performed to the route specified on the ticket, if a portion of the ticket has been used.

3. Voluntary refunds

a) If the passenger is entitled to be reimbursed for his ticket, for reasons other that those mentioned in paragraph (2) of this article, the amount of the refund will be an amount equivalent:

  • To the fare paid, less reasonable charges or cancellation, if no portion of the ticket has been used;
  • To the difference between the fare paid and the applicable fare to the planned route for which the ticket has been used, less a reasonable record or cancellation charge, if a portion of the ticket has been used.

b) The refunds referred to in this paragraph 3 may be carried out when the governmental requirements or any other contractual document between the passenger and the carrier exclude. These rules apply to tickets marked "non refundable".

4. Refunds for tickets reported lost or stolen

If the passenger loses or if it steal any portion of a ticket, he can, after having provided proof of the loss or theft to the carrier and have paid the reasonable fee, be refunded as soon as possible after the expiry of the validity of the ticket, on condition that:

a) The part of the lost or stolen ticket or the ticket has not been used, previously refunded or replaced (except if one of these situations occurs our fact); 

b) The person to whom refund is made undertakes, in forms that will be shown to be repaid the amount reimbursed to the carrier in the case of fraud and insofar as the lost or stolen ticket would be used, in whole or part, by a third party (unless one of these situations occurs our fact);

c) If the carrier or its accredited agent loses all or part of the ticket, this loss will be their sole responsibility.

5. Right to refuse refund

The carrier may refuse reimbursement:

  1. Of any ticket, if the request is made after the expiry of its validity
  2. Ticket submitted to the carrier or to the authorities of a country, satisfactory to the legislative or regulatory requirement for a transport document for the passenger to leave the country, unless the passenger provides sufficient evidence, to prove that it has permission to stay in the country or that he will walk away through a carrier, under article I above , or by another means of transport;
  3. A ticket holder, if it has not been admitted by the authorities of destination or transit of his journey and it was thus returned to his boarding point;
  4. A stolen ticket, falsified or forged;
  5. A ticket in a currency different from that in which made the payment;
  6. A ticket marked as "non-refundable"

6. Currency of refund

a) Subject to applicable law, the carrier reserves the right to make the refund in the same form and in the same currency that those used during the purchase of the ticket, except for payments in currency, repayment will always be in Ariary rate.

b) If the carrier accepts a refund in a different refund currency from the currency of payment, refund will be made to an exchange rate and under conditions determined by the carrier (under derogation of Responsible)

7. Persons entitled to reimbursement

Refunds are made only by the carrier which originally issued the ticket or by an authorised Agent, if he is authorized by this carrier.

 

Article XI: Behavior on board

a) For security reasons, the carrier may decide not to allow passengers to Board if an incident occurs: the passenger likely to hinder, threaten, upgrade or not endanger one or more persons, including the crew, goods. It may need to restrict or prohibit the consumption of alcohol on board. It is therefore strictly forbidden to: use anything electronic (including portable radios, mobile telephones, electronic games, transmission equipment);

b) Transporting all electronic objects that emit no radio signal when the camera is in door, during taxiing, takeoff, ascent, descent, approach and landing, including laptops, computers, digital devices, apparatus for recording and listening to cassettes, video recorders, cameras video, CD players;

c) Climb on board with hearing aid devices as pacemakers and other medical devices implanted in the human body may be used at any time;

d) The carrier may take all necessary safety measures. Thus, the carrier may use coercive measures or the landing of the passenger at any time of the flight;

e) The passenger may be prosecuted for breaches of the provisions of this section committed on board the aircraft.

 

Article XII: Administrative formality

1. Generalities

a) The passenger is responsible for obtaining all necessary documents on his trip, including visas and any special permit which would be payable by the legal and regulatory provisions in force in the States of departure, destination or transit, and it must comply with the requirements of the authorities of these countries on immigration and border control.

b) The carrier is not liable for the consequences that would suffer the passenger for not observing the obligations referred to in paragraph above.

2. Travel documents

a) The passenger must present all documents of entry, exit and transit, health and other documents required by the laws or regulations in force in the States concerned and allowing the carrier to take copies, if necessary, in its sole discretion;

b) The carrier reserves the right to refuse passenger transport if it complies with the laws and regulations in force or if travel documents appear to not be in good standing;

3. Refusal of entry

If a territory is refused to the passenger, it shall pay all fees or fines that would be imposed by local authorities to the carrier, as well as the cost of transport from that territory. The carrier will not reimburse him the price it will be paid for reaching the territory where he has not been admitted.

4. Liability of passenger for fines, detention costs, etc...

If the carrier must pay or record the amount of a fine or penalty or incur expenses of all kinds as a result of non-compliance, voluntary or not, legal and regulatory provisions of the States concerned, or failure to submit the required documents, or the presentation of documents non-compliant, the passenger shall, on request of the carrier, reimburse all sums paid or recorded and all the expenses thus incurred. For such repayments, the carrier may use amounts that have been paid for the non-performed carriage or all amounts that the passenger would be paid to him.

5. Customs control

If the passenger requested, he shall attend inspection of his luggage, registered or not, by the customs or any other government authority. The carrier assumes no liability for any damage or loss suffered by the passenger if it has failed to comply with this provision.

6. Control of security

The passenger must comply with all the security controls required by governmental or airport authorities or by the carrier itself.

 

Article XIII: Liability for damages

1. General considerations

The liability of the carrier shall be determined by the General Conditions of carriage of the transmitter carrier of the ticket, unless otherwise brought to the attention of the passenger. When it is engaged, the liability of the carrier will be under the following conditions:

a) The carrier is liable for damage sustained in case of death or bodily injury upon condition only that the accident which caused the death or bodily injury occurred on board the aircraft or during operations of embarkation or landing within the meaning of the Convention;

b)As the following does not obstruct the other provisions of these terms and Conditions, and whether the Convention or not applicable:

  • The liability of the carrier is limited to the damage that occurred during flights for which its designator code is mentioned in the Coupon or the ticket for the flight.
  • The carrier's liability exceed the amount of proven damages and it will not, in any way, responsible for indirect damage or any form of non-compensatory damages;
  • The carrier assumes no liability for damages resulting from the observation by the carrier of all legal or regulatory provisions, for breach of those same provisions by the passenger.
  • The carrier assumes no liability in case of damage to unchecked baggage unless such damage is caused directly by his act and that the passenger reported the evidence
  • The carrier is not responsible for any illness, injury or disability, including death, due to the physical condition of the passenger any more than any worsening of the condition;
  • The contract of carriage, including these conditions General of transport and any exclusions or limitations of liability contained therein apply and benefit to the authorized Agents, employees and representatives of the carrier and the owner of the aircraft used by the carrier, as well as agents, employees and representatives of the owner. The overall amount recoverable from the aforementioned persons may not exceed the amount of the liability of the carrier;
  • If negligence or other act or omission of the person requesting repair or the person from whom it takes its rights has caused the damage or contributed, the carrier shall be wholly or partly exempt from its responsibility for this person even in case of death or bodily injury under the law in force.

c) Except as expressly provided, none of these provisions does not imply waiver of the exclusion or the limitation of the liability of the carrier, the owner whose camera is used by, their officers, servants, agents or representatives, in accordance with the Convention and the applicable law.

2. Responsibilities in the event of injury

a) The carrier is liable for damage sustained in case of death or bodily injury suffered by a passenger, if the accident which caused the damage took place on board the aircraft or during all operations boarding and disembarkation, and subject to the exemptions from liability cases;

b) The carrier shall not be liable for the damage if he reported evidence that:

  • The death or personal injury occurring result of the health, physical or mental of the passenger prior to boarding the flight;
  • Damage has been caused, in whole or part, by the negligence, an act or an omission of the person claiming compensation or the person from whom it takes its rights.

 c) Amount of repairable damage

  • The carrier reserves the right of recourse and subrogation against any third party
  • The carrier will thus compensate the passenger that beyond the amounts received by it, in respect of the social regime with which it is affiliated and only compensatory damages.
  • The amount of the liability of the carrier in case of death or bodily injury of a passenger is not subject to any limitation. The amount of repairable damage will cover the repair of the damage, as it will have been fixed by amicable agreement, by way of expertise or by the competent courts.

3. Liability for delay

a) Characteristics of the repairable damage: alone, direct, proven and directly resulting from a delay damage is repairable, excluding any consequential damages and any form of damages other than compensatory. The passenger must establish the existence of the damage resulting directly from the delay.

b) Extent of the liability of the carrier:

  • The carrier shall not be liable for the damage resulting from the delay if he proves that he, his servants or agents took all measures that could reasonably be required to avoid the damage or that it was impossible to take such measures.
  • The carrier is not responsible for the damage resulting from the delay, if this delay is attributable to the passenger or if it contributed, that is to say if the damage resulted in whole or in part, negligence, an act or an omission of the person claiming compensation or the person from whom it takes its rights.

c) Extent of the reparation.

  • If a delay is the cause of the damage suffered by the passengers with the exception of acts or omissions done with intent to cause damage or recklessly and with the knowledge that damage could result. The amount of the compensation will be determined on the basis of the damage proven by the passenger.
  • If a delay is the cause of the damage resulting from a delay in delivery of checked baggage, and with the exception of acts or omissions done with intent to cause damage or recklessly and with the knowledge that damage could result. A (intended to cover the costs of basic necessities) lump-sum indemnification may be allocated to the passenger.

4. Liability for baggage

a) The carrier is liable for damage sustained in case of destruction, loss or damage to baggage when the accident that caused the injury occurred on board the aircraft or during any period during which the carrier had custody of checked baggage;

b) Exclusion of liability of the carrier:

  • The carrier shall not be liable for damage to passenger baggage when such damage will result of nature or defects own such baggage. If the goods contained in the luggage of passenger are the cause of injury to another person or the carrier, the passenger shall indemnify the carrier for all losses and expenses incurred thereby.
  • The carrier assumes no liability, other than that provided for in paragraph (c) below, for any damage or loss caused to objects fragile, perishable or value, or packed improperly, unless the passenger has made the Special Declaration of interest and if it has paid the corresponding additional costs.
  • The carrier is not liable for the damage caused in whole or part, luggage, because of negligence, an act or an omission of the person claiming compensation or the person from whom it takes its rights.

c) Amount of repairable damage

For checked baggage and with the exception of acts or omissions done with intent to cause damage or recklessly and with the knowledge that damage could result. For unchecked baggage allowed on board, the liability of the carrier will not be liable in the event of proven fault of its servants or agents.

 

Article XIV - Deadlines for protest and action in liability

a) If the passenger does not claim at the time where he retrieves his baggage, this will constitute a presumption in favour of the carrier according to which they have returned in good condition, in accordance with the contract of carriage. In the case of missing baggage, the passenger must report it to the carrier as soon as the arrival of the flight. Any statement made later may not be taken into account;

b) In the event of damage, delay, loss or destruction of baggage, the passenger must notify in writing a claim with the carrier as soon as possible and at the latest within a period of seven (7) days (in case of deterioration or destruction) and twenty-one (21) days (in case of delay) from the date on which the baggage has been placed at his disposal. The absence of protest in a timely manner, all actions against the carrier are inadmissible;

c) Any claim must be made immediately and in writing to our agency Madagasikara Airways;

d) The right to obtain compensation is required if no action is brought within two years from the day of arrival at destination, or where the aircraft was due to arrive from the transport stop;

d) All claims or actions mentioned must be made in writing, within the time specified.

 

Article XV: Amendments and deletions

No agent, employee or representative of the carrier is authorized to change, modify, or de;lete one any of the provisions of these Conditions of carriage.  

 

Article XVI: Litigation and general duties

Litigation and general duties are subject to the Malagasy law