Article 1: Definitions
For the purpose of the present Conditions of Carriage, the terms hereafter shall be defined as follows:
We, us, our, ours – Madagascar Airlines, its Authorised Agents
You, your, yours - any person holding a ticket who is to be carried on an aircraft, except members of the crew, or, in relation to ticket refunds, the person who paid for the ticket. (See also the definition for “Passenger”.)
Charter refers to renting one of our aircrafts according to a charter contract between the charterer and us. As such, a charter flight is a non-scheduled flight, provided as per the needs of the charterer for the carriage of passengers and/or goods.
Authorised agent is any individual or company whom we have appointed to represent us in selling air transportation on our services.
Voluntary stopover/layover refers to any stopover between your place of departure and place of destination that you requested and was granted by us beforehand.
Baggage refers to your personal property accompanying you on your flight. Unless we say otherwise, this consists of your checked and unchecked baggage.
Checked baggage is your baggage which we have taken into our custody and for which we have issued a baggage check.
Unchecked baggage is any baggage belonging to you that is not checked.
Ticket refers either to the document entitled 'Passenger ticket and baggage check' or the Electronic ticket.
Conjunction ticket is a ticket we have issued to you in conjunction with another ticket which together make up a single contract of carriage.
Electronic ticket refers to the itinerary receipt, electronic coupon and any boarding document we have issued to you or issued to you on our behalf.
Baggage check is the part of your ticket which relates to carrying your checked baggage.
Airline designator code is the two-letter and/or three-digit code that identifies us.
Conditions of carriage are the present Conditions of Carriage or those of another carrier who effectively provided carriage.
Air carriage contractor is a Carrier who enters a contract of carriage with a passenger, or if the contract involves a package, the tour operator. Any ticket vendor is also deemed an air carriage contractor.
Contract of carriage refers to the declarations included in or provided with the Ticket or Itinerary Receipt and incorporate Conditions of Carriage and Passenger Notices.
Control card is a document established by us in lieu of the ticket in case of a charter flight.
Convention refers to the Montreal Convention dated 28 May 1999 that draws on the following legal foundations:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention),
The Warsaw Convention as amended at The Hague on 28 September 1955,
The Warsaw Convention as amended by Additional Protocol No.1 of Montreal in 1975,
The Warsaw Convention as amended at The Hague in 1955 and by Additional Protocol No. 2 of Montreal in 1975,
The Warsaw Convention as amended at The Hague in 1955 and by Additional Protocol No. 3 of Montreal in 1975,
The Guadalajara Supplementary Convention of 18 September 1961.
Coupon, Flight Coupon, means that portion of the ticket that bears the notation "good for passage” and indicates the particular places between which you are entitled to be carried.
Electronic Coupon means an electronic flight coupon or other value document held in our database.
Passenger coupon or passenger receipt or itinerary/receipt is the part of your ticket delivered by us or on our behalf which is marked as such and which you should maintain.
Damage includes death of, wounding of, delay, loss or partial loss of baggage or other damage arising out of, or in connection with, either carriage on flights we operate or other services we provide in connection with such flights.
Special Drawing Rights or SDRs are an international unit of account, defined by the International Monetary Fund, whose value is periodically defined by international monetary authorities.
Agreed Stopping Places means those places, except the place of departure and the place of destination, set out in the ticket or shown in our timetables as scheduled stopping places on your route.
Baggage identification tag is the separate document we give you to identify each piece of your checked baggage.
Force Majeure means unusual, unforeseeable, and external circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
Check-in deadline means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
Days means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
Passenger is any person holding a ticket who is carried, or is to be carried, on an aircraft, except members of the operating crew. (See also the definition for you, your, yours.)
A person with reduced mobility means any person whose mobility is reduced due to a physical incapacity, an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of services made available to all passengers.
Transit passenger is a passenger arriving at an airport for onward travel to another country:
on the same flight from that airport;
on a connecting flight from that airport;
on a connecting flight from another airport.
Carrier regulations means any regulation other than the present Conditions of Carriage issued by the Carrier and in force as of the date of issuance of your ticket and/your baggage, including any rate applicable at that time.
Involuntary/voluntary fare refund means a refund, under clause 10 of the present Conditions of Carriage, of the fare for your ticket.
Tariff means the fares and taxes, fees, charges relating to our Conditions of Carriage.
Carrier means the Madagascar Airlines airline, issuer of the ticket, as well as any other airlines involved in the carriage of the passenger and/or baggage on the same ticket or undertaking to provide such carriage.
Connecting flight means a subsequent flight providing onward travel.
Domestic flight means any flight where the departure and the arrival take place in the same country or State having territorial continuity.
International flight means, for the purpose of the Convention, any flight where the departure and the arrival take place on the territory of a minimum of two different States party to the Convention, notwithstanding stopovers or change of aircrafts in another State that is party to the Convention or not.
Article 2: Applicability
1- General
Except where clauses (2), (3), and (4) of the present Article say otherwise, these Conditions of Carriage will apply to all air carriage of passengers and baggage we operate under the MD airline designator code against payment.
The present Conditions also apply to carriage free of charge or at a discount, unless otherwise provided.
The present Conditions of Carriage are established pursuant to the Convention.
2- Overriding law
A provision included or referred to in the present Conditions will not apply to the extent that it goes against the Convention - where it is applicable, any act, regulation, or public measure. The invalidity of such provision will not affect the validity of the remaining provisions.
3- Conditions prevail over Regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, these Conditions of Carriage shall prevail.
4- Charter operations
If Carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply, unless otherwise provided in the charter agreement.
5- Code shares and franchises
On some services, we have arrangements with other airlines known as code shares. This means that, even if you have a reservation with Madagascar Airlines and hold a ticket showing the Madagascar Airlines airline designator code for the flight, another airline may operate the aircraft.
If a code share applies to your flight, we will let you know if we or another airline will be operating the flight at the time you make a reservation.
6- Validity of these Conditions of Carriage
If one of these Conditions of Carriage is invalid, the other conditions will remain valid.
Article 3: Tickets
1- General
- The Ticket is prima facie evidence of the contract of carriage between the Carrier and the passenger whose name appears on the ticket. Hence, we will only carry you if you present a ticket that is valid and in your name and we reserve the right to control your identity in this regard at any time.
- Your ticket is our property at all times. The conditions included in the ticket are a summary of the present Conditions.
- You cannot assign or transfer your ticket. As such, you may not sell your ticket or give it to another person.
- You will not be entitled to be carried on a flight if the ticket you have presented is mutilated or if it has been altered unless we or our authorised agents have made the alteration.
- We sell some tickets at discounted fares which may be partly or completely non-refundable. You should choose the fare which best suits your needs and consider taking out insurance to cover instances where you might have to cancel your ticket, under exclusion of our liability.
- In case of loss or mutilation of a Ticket or part of it by you, or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, we, the issuer of the ticket, may, as per the Regulation replace such Ticket or part of it by issuing a new Ticket. For us to do so, you need to provide at the time of your request evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued. We charge a reasonable administration fee for this service, unless the loss or mutilation was due to our negligence.
2- Ticket validity period
- Unless it says differently on the ticket, in these Conditions of Carriage, or in any regulations or tariffs which apply, a ticket is valid for travel for:
- one year from the date it is issued or
- one year from the date you first travelled using the ticket, as long as your first flight took place within a year of the ticket being issued.
- If, after beginning your journey, ill health prevents you from continuing your journey within the validity period of your ticket, we will extend such period to the date you will be fit to travel again (‘the recovery date’) or to the first date after the recovery date for the relevant itinerary, as long as there is a seat available on the relevant flight in the class of service for which you have paid the fare and to the extent that such extension does not go against our Regulation on the tariff formula you chose.
- Such illness must be attested to by a medical certificate and a valid hospital bill stating the facts relating to your illness.
- Where the flight coupons remaining on the ticket include one or several voluntary stopovers, the validity of the ticket (subject to the Applicable regulation) may be extended by a period of no more than one (1) month as from the date mentioned on the said certificate.
- Under these conditions, we will also extend the validity of the tickets of other members of your immediate family (spouse, dependent[s]) accompanying you.
- In the event of death of a passenger en route, the tickets of persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger's tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified.
- Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
3- Coupon sequence and use
- Your ticket is valid only for the transportation shown on it and the itinerary specified on it. The fare you have paid is based on our tariff for the transportation shown on your ticket and forms part of your contract with us.
- Coupons should be used in the sequence provided on the ticket starting from the departure place.
- Each coupon contained will be accepted for transportation in the class of service specified on it on the date and flight for which seat has been reserved. When a coupon is originally issued without a reservation being specified, space may be later reserved subject to our tariff and the availability of seat on the flight requested.
4- Replacement tickets
Upon your request, we will replace your ticket with a new ticket if:
- you have lost your return ticket for an international flight or part of it;
- your ticket is spoiled, torn, damaged or has been altered.
We will only do this if:
- we or our authorised agents issued the original ticket;
- you sign an agreement to repay us any costs and losses, up to the value of the original ticket, which we or another airline would suffer as a result of the ticket being misused;
- the ticket is still valid.
We will not claim from you any losses which result from 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 authorised agents.
If you lost your ticket or part of it in circumstances than those under Article 4a, we may ask you to pay up to the full ticket price for a replacement ticket. We will give you a refund only thirteen (13) months after the application is submitted and if we are satisfied that the original ticket has not been used.
- 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, as per Article 10 of the present Conditions.
- If we or our authorised agents did not issue your ticket, you must apply for a refund from the airline which issued it.
5- Changes by the Passenger
If you want to change any aspect of your transportation, you must contact us or our Authorized Agent. A fare difference may ensue from your changed transportation which:
- You need to pay at the time of issuance of the new ticket, or
- Will be refunded to you if the new fare is lower than the one initially paid.
Numerous fares are valid only on the dates and flights shown on the ticket and cannot be changed or can be changed only against payment of a fare supplement.
If you do not show up for a flight without notifying us beforehand, your onward reservations will be cancelled.
6- Name and address of Carrier
The name of the Carrier may appear on the ticket in full or abbreviated to its Airline Designator Code.
The address of the Carrier is deemed as that of its registered office, principal place of business or establishment, by which the contract of carriage was signed.
Article 4: Fares, taxes and fees
1- Fares
Unless otherwise expressly stated, fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals.
Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates, for the class of service, and itinerary shown on it. Should you change your itinerary, dates of travel, or class of service, this may impact the fare to be paid.
2- Taxes, fees and charges
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you.
At the time you purchase your Ticket, you will be advised of fees, taxes, or charges not included in the fare; in general, they are shown separately on the Ticket.
Service charge charged by our Authorised Agent are not shown on the ticket and are cashed separately.
3- Currency
Fares, taxes, fees and charges are payable in any currency accepted by us. When the payment is effected in a currency other than the one used for the tariff, the exchange rate set in accordance with our Regulation is applied.
Article 5: Reservations
1- Reservation requirements
Reservations are confirmed only once they are accepted and registered in our system or that of our Authorised Agent.
Certain fares have conditions which limit or exclude your right to change or cancel reservations.
2- Reconfirmation of reservation
If you fail to reconfirm a reservation by purchasing a ticket within the timeframe specified by us or our Authorised Agent, we may cancel your reservation.
You should check the reconfirmation requirements of any other Carriers involved in your journey with them; and where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.
If you did not use a reservation and failed to advise us in advance, we will cancel the rest of your travel (return and/or onward flight).
3- Personal data
We may use the data provided by you and collect by us, including data relating to your history of purchases and the way you use our services and facilities (“personal data”) for the following purposes:
- making a reservation and issuing a Ticket;
- insuring your transportation and making all ancillary services and facilities available to you;
- accounting, invoicing, and auditing;
- checking and controlling credit cards or other payment cards;
- performing statistical analyses;
- performing marketing analyses;
- implementing loyalty programmes;
- testing, maintaining, and developing services;
- customer relations;
- helping us in our subsequent contacts with you; and
- performing direct marketing or market research (only at your request or with your consent or while providing you the option of unsubscribing).
For these purposes, we may transmit your personal data to:
- our subsidiaries;
- carriers and other companies and airlines involved in providing your transportation and making ancillary services and facilities available;
- the people in charge of data processing; and
- our representatives and Authorised Agents.
- These measures may include transmitting your personal data out of your country of origin.
4- Seating
We will endeavour to honour advance seating requests made at the time of the reservation. However, we cannot guarantee any particular seat.
We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft, for operational, regulatory, safety or security reasons.
Article 6: Check-in and Boarding
1- Check-in
Check-in Deadlines are different at every airport. We recommend that you inform yourself about these Check-in Deadlines and honour them for a smoother journey.
We or our Authorised Agents will advise you of the Check-in Deadline for your first flight on us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines.
Check-in formalities are deemed completed when you receive your boarding pass.
2- Boarding
You must be present at the boarding gate not later than the time specified by us when you check-in.
3- Failure to honour check-in deadlines
If you fail to arrive at the check-in counter or boarding gate in time, we may cancel your reservation, refrain from providing you with transportation, and reassign your seat. We will not delay the flight.
We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
Article 7: Denial and Limitation of Carriage
1- Right to deny carriage
Where necessary to comply with any applicable legislation, regulations, and official provisions of the countries of departure, destination, transit or overflight, we may refuse, at any connection point, to carry a passenger or any of their baggage if one or more of the following have occurred, while not exhaustive:
- The mental or physical state of the passenger presents a hazard or risk to themselves, to passengers, to crew, or to property;
- The passenger is drunk or under the influence of alcohol, substances, or drugs;
- The passenger failed to comply with Carrier instructions or behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft;
- The passenger refused to submit him/herself or their baggage to a security and/or safety check;
- The passenger did not pay the applicable fare and all payable fees, taxes, or charges;
- The passenger is unable to present valid travel documents;
- The passenger attempted or attempts to enter a country for which they have neither visa nor valid travel documents;
- The passenger is unable to present a valid ticket as well as prove he/she is the person named in the ticket;
- The passenger presents a ticket or that has been acquired unlawfully or reported as being lost or stolen, is forged or counterfeited;
- The passenger did not use the flight coupons in their sequence of issuance.
It is possible to refuse cases of persons with reduced mobility (PRM) and/or persons requiring medical assistance (MEDA) under the Company’s general conditions of transport if the following cases are proven, or that one of the following reasons applies and in accordance with Company procedures:
a) The person has a degree of physical weakness such that the trip would cause complications or death resulting in a diversion
b) The person requires individual treatment or care during the flight and does not travel with an appropriate attendant
(c) The person poses a direct threat to the health or safety of other passengers, their property, the aircraft or crew because of their physical or medical condition. And the threat cannot be eliminated by providing additional assistance or services or other means (e.g., face masks, separate seats);
d) The person fails or refuses to comply with the terms and conditions of carriage specifically required by Company regulations;
e) Information is required about the passenger’s medical condition (diagnosis) and the passenger’s physician refuses to disclose it to the authorized medical service;
f) The person has a communicable disease and is still in the contagious period (or does not present an appropriate medical clearance).
g) Stretchers may be refused depending on the type of aircraft.
2- Limitation of carriage
Acceptance for carriage of unaccompanied children, persons with reduced mobility, pregnant women, persons with illness or other people requiring special assistance or service is subject to prior arrangement with us.
Any passenger requiring special assistance must arrive at the airport sufficiently ahead of time, two (2) hours prior to take-off, to enable us to ensure transportation in the best possible conditions.
Article 8: Baggage
1- Your free baggage allowance
Your free baggage allowance will be shown on your ticket or your itinerary-receipt and will depend on our baggage regulations applying at the time of your flight.
2- Excess baggage
You will have to pay a charge for the carriage of baggage over your free baggage allowance, according to the rates and conditions set in our Regulations.
3- Items you must not carry in baggage
You must not carry the following in your baggage; the list is not exhaustive:
- Items likely to put the aircraft or people or property on board the aircraft in danger, such as those shown in the 'International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous Goods Regulations', on which the passenger may request information;
- Items you are forbidden from carrying by the legislation in force in any scheduled State of departure, destination, overflight or transit;
- Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable;
- Firearms and ammunition, other than hunting and sporting guns or ammunition, which to be accepted as Checked Baggage, need to be unloaded, suitably packed, and have the safety catch. you must get our permission before you check in. If you do not, we may decide not to carry them. Carrying ammunition is subject to the ICAO and IATA Regulations on Hazardous Substances;
- Weapons such as antique firearms, swords, knives and similar items will not be permitted in the cabin of the aircraft. However, they may be accepted as Checked Baggage, at our discretion;
- Any valuables, jewellery, money, precious metals or objects, silverware, artwork, cameras, electronic equipment or devices, musical instruments, passports or other identification papers, business documents, samples manuscripts, or shares. Likewise, you should never place fragile items or perishable items or valuable documents such as computers, share certificates, bonds, and other valuable documents, business documents, passports and other identification papers;
- Any live animal, except domestic pet animals under the terms of Article 8.10 of the present Conditions. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used.
4- Right to deny carriage
- We may refuse to carry as Baggage the items described in clause 3 of the present Article 8, or we may refuse further carriage of any such items upon discovery.
- We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.
- We may refuse to accept Baggage at Check-in if they are not properly and securely packed or placed in suitable containers allowing for handling and transportation in normal conditions.
5- Right of search
For reasons of safety and security we may request that you permit a search, and any x-ray scan of your Baggage.
If you are not available, your Baggage may be searched or checked in your absence for the purpose of determining whether your Baggage contains any items described in clause 3 of the present Article 8 or any firearms, ammunition or weapons, which have not been presented to us in accordance with Article 8.4.
If you are unwilling to comply with such request, we may refuse to carry you and your Baggage. In the event a search or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
6- Checked Baggage (checked hold baggage)
We specify maximum dimensions and weight per hold Baggage.
Checked Baggage must have your name or other personal identification affixed to it.
When you check your Baggage, we will issue a Baggage Identification Tag for, each piece of your Checked Baggage.
Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for operational, safety, or security reasons to carry it on an alternative flight.
7- Unchecked baggage (baggage carried on to the aircraft)
We specify maximum dimensions, number, and/or weight for Baggage which you carry on to the aircraft.
Unchecked Baggage must be stowed under the seat in front of you or in an enclosed storage compartment.
- If your Baggage is of excessive or size weight, or is considered unsafe, or difficult to store, it must be carried as Checked Baggage.
- If you wish to carry an object (such as a fragile musical instrument or other) whose dimensions or weight exceed the authorised limit, make sure to give us notice at reservation; we may grant you permission for carriage in cabin subject to an additional charge.
8- Collection and delivery of checked baggage
You are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover;
Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
Under the legal provisions in force in certain countries, unclaimed baggage may be handed over to the competent national authorities;
Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage;
If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage;
We additionally reserve the right to require that the said person provides us with adequate guarantee to compensate for any loss, damage, or expenditure liable to arise from such delivery.
Acceptance of the Baggage by the Baggage Check bearer without written reservation at delivery constitutes presumption that the Baggage was delivered in good condition and in compliance with the contract of carriage.
9- Carriage of animals
Only animals such as dogs, cats, household birds and other pets are accepted for carriage, subject to our prior agreement, in accordance with our Regulation.
If accepted in cabin, the animal must be properly crated and placed under your exclusive custody. The animal, together with its container, shall be included in your free Baggage allowance, as per our Regulations.
Guide dogs accompanying Passengers with disabilities, together with their crate, will be carried free of charge in addition to the normal free baggage allowance, as per our Regulations.
We are not liable for injury to or loss, delay, sickness or death of an animal which we have agreed to carry unless we have been negligent.
It fully falls to you to obtain and present to us all documents required by the authorities of destination or transit countries, such as health and vaccination certificates, entry or transit permits.
We will not carry animals that do not have the required documentation.
The liability in respect of your animal remains, at all times, yours. Any damage caused by the animal to the aircraft, any person on the aircraft, or any cost arising from a refusal of access of the animal at the place of destination or stopover in case of fraud of irregularity of the required documents shall be borne by you.
Article 9: Schedules, remedies in case of cancellation, and denied boarding compensation
1- Schedules
The flight times shown in timetables or elsewhere and/or copied on the ticket may change between the date of publication and the date you actually travel. We do not guarantee them to you. They do not form part of your contract with us and may be changed without prior notice.
Except for acts or omissions intended to cause harm or due to negligence combined with an awareness that it will probably result in damage, we will not be held liable for any error in the published timetables or any information provided by us, our staff, agents or representatives, on departure and arrival times and dates, or during a flight.
At the purchase of your ticket, we notify you of the scheduled flight time in effect as of that time, and it is shown on your Ticket. It may be that we have to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes.
If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.6.
2- Cancellation of flight
We will take all necessary reasonable measures to avoid delay in carrying you and your baggage. Such measures may, in exceptional circumstances, include arrangements for a flight to be operated:
- by an alternative aircraft;
- by an alternative airline; or
- both.
We will apply the regulations in force and pay compensation as per the conditions of the said regulations if we cancel a flight. We will not be held liable for a connecting flight unless the said flight is part of a unique Contract between you and us.
3- Denied boarding
If you are denied boarding on a regular flight for which you have both a valid ticket and a confirmed reservation, we will pay you the compensation required by the applicable regulations.
This will not apply if you fail to meet the check-in and boarding requirements in Article 6 of the present Conditions.
Article 10: Refunds
1- General
In case we are unable to ensure the transportation as per the contract of carriage, or if you request a change of itinerary for your journey, we will refund you the amount of the unused ticket as per the present Article 10.
Except where it goes against our Regulation and tariff conditions applicable to the ticket, we will refund any taxes, charges, and fees relating to the unused itinerary.
If you want a refund, you must prove to us that you are the person who paid for the ticket.
Unless we say otherwise, we will make no more than one refund for the relevant document.
No refund will be effected unless the passenger receipt and all unused flight coupons are presented to us. In case of e-ticket, you must present us an identification document and the request must be submitted before the validity period runs out.
2- Beneficiary of the refund
We may effect the refund either to the person whose name appears on the ticket, or the person who paid the ticket, or any person appointed by the passenger by a duly authenticated power attorney.
If the ticket was paid by a person other than the one whose name appears on the ticket, we shall exclusively effect the refund to the person who paid the ticket and according to their instructions.
Unless you are applying for a refund on a lost ticket, we will only make the refund if you first give us the ticket and all unused flight coupons.
Any refund effected to a person presenting the passenger receipt and all unused flight coupons and claiming to be entitled to the refund as per the above clauses will be deemed an appropriate refund and will release us from any liability or subsequent claim to a refund.
3- Involuntary fare refunds
If we cancel a flight, causing you to miss a connecting flight on which you held a confirmed reservation, under the terms of Article 5.2, or if we are unable to provide you with a seat that was previously confirmed, the refunded amount of the unused ticket would be equal to the amount paid minus service charge.
If part of the ticket has been used, the refund will be equal to the unused travel, calculated based on the completed travel. Apart from the service charge, taxes and charges relating to the unused travel will also be refunded to you.
4- Voluntary fare refunds
If you are entitled to a refund of the fare for your ticket for reasons other than those set out above, the amount of the refund will be calculated according to the fare rules of the ticket minus service charge.
We will grant voluntary fare refund only if the ticket was issued by us or our Authorised Agent.
5- Refund on a lost ticket
If you lose your ticket or part of it, we will give you a refund subject to the following conditions:
you give us a declaration of loss issued by the police,
you sign a declaration of loss with us (Madagascar Airlines form),
the ticket has not been used, nor subject to a stop order, or previously refunded or replaced or exchanged (unless the use, refund or replacement by or to someone else resulted from our own negligence),
your request reached us before the end of the validity period of the ticket.
The refund will be effected within 13 months from receipt of the request.
6- Right to refuse a fare refund
We will refuse to give you a refund if you apply for it after the end of the ticket validity period.
We may decide to refuse to give you a refund if your ticket constitutes evidence of your intention to leave that country, unless you can prove to us that you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport.
7- Currency
A refund will be effected in the same currency that you used to pay for the ticket, but may also be effected in another currency as per our Regulations.
Article 11: Behaviour on the aircraft
1- Unacceptable behaviour
If, while you are on board the aircraft, we reasonably believe that you:
- are putting the flight, aircraft, or any person in it, in danger
- deliberately interfered with the crew in carrying out their duties:
- failed to obey the instructions of the crew relating to safety or security, drink or drugs;
- failed to obey the seat-belt or no-smoking signs
- committed a criminal offence
- made a hoax bomb or other security threat;
- threatened, abused or insulted the crew or other passengers;
- behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers
- we may take any measures we think reasonable, including restraint, to prevent you continuing your behaviour.
- We may decide to make you leave the aircraft en route or at a stopover, as well as refuse to carry you on any of our lines in the future.
- When the aircraft lands, we may decide to report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you are liable to commit.
- Any cost caused by your unacceptable behaviour shall be borne by you.
2- Electronic devices
Unless expressly authorized by us, you must not use electronic devices when you are on board the aircraft, especially personal radios, mobile phones, electronic games, transmitting devices.
Laptop computers, digital devices, cassette recording and listening devices, video recorders, video cameras, discmen may not be used when the aircraft is at the approach gate, taking off, and landing.
Hearing aids and heart pacemakers and other medical devices implanted in the human body may be used at any time.
Article 12: Arrangements for additional services
If, as part of the contract of carriage and subject to the regulations in force, we make arrangements for you with any third party, such as a Tour Operator, a train company or a hotel, to provide additional services, in doing so we act only as your agent and cannot be held liable for any failure of these services. The Conditions of Carriage and sale of the third-party service provider will apply and we will be released from any liability unless wilful or gross misconduct on our part is proven.
Article 13: Administrative formalities, travel documents, entry requirements
1- Your responsibility
You must check the relevant entry requirements for any country you are visiting and present to us all travel documents needed for your journey, including passports, visas and any other authorisation or permit required under the applicable law of any countries you fly from, transit through, enter and comply with the immigration and border check requirements of the authorities of each country.
We will not be liable to you if :
- you do not have all the necessary travel documents, such as passports, visas, vaccination and health certificates, etc.
- you present invalid travel documents: out of date or forged,
- you have not obeyed all relevant laws,
- you were not present when the customs inspected your baggage and loss or damage occurred in the course of the inspection.
At check-in, you must present to us passports, visas, and other travel documents you need for your journey. These documents must be valid. If we ask, you must allow us to take and keep copies of them.
We reserve the right to refuse carriage if you have not complied with the applicable laws and regulations or if we have reason to believe that you travel documents are not in order.
2- Consequences when you are refused entry to a country
If you are refused entry to a country, you must pay:
- any fine, penalty or charge imposed on us by the government concerned;
- any detention costs we are charged;
- the fare for transporting you back to your place of departure; and
- any other costs we reasonably pay or agree to pay after entry is refused.
We will not refund to you the fare for carrying you to the place where you were denied entry.
If we must pay or deposit for you any fine or any other penalty, or incurred any kind of costs because you were denied entry for failing to obey any applicable laws or regulations, or present the required documents, we will invoice them to you; we may take this amount from the value of any unused part of your ticket, or any of your money we have in our possession.
3- Customs inspection
You must be present when your baggage is inspected by other government officials. We will not be liable to you for any damage you suffer in the course of an inspection or because you are not present.
4- Security screening
You must allow us, government officials, airport officials, or other carriers to carry out security screening of you or your baggage.
Article 14: Liability for damage
1- General
These Conditions of Carriage govern our liability to you.
The Conditions of Carriage of other carriers govern their liability to you. Other carriers may have lower limits of liability. Transportation effected under the present conditions is subject to the rules and limits of liability enacted by the Convention.
Transportation within the Madagascar territory is governed by the Malagasy law.
2- Limits of our liability
We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment.
If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier.
Our liability will not exceed the amount of the damages and costs for which evidence is provided as per the Convention and we will additionally not be held liable for indirect damages or non-consecutive intangible damages.
We will not be liable for Damage to Unchecked Baggage unless you provide evidence that such Damage is caused by our negligence.
Any damage caused by your Unchecked Baggage to other people or property of other people will be your sole liability.
We are not liable for any damage caused to the items identified under Article 8.3 above that cannot be transported as Checked Baggage.
Subject to the provisions of Article 17 of the present Conditions, we are not responsible for any illness, injury or disability, as well as death, attributable to your physical condition or for the aggravation of such condition.
The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives.
Unless otherwise expressly stated, nothing in these Conditions of Carriage shall waive any limitation or exclusion of our liability under the Convention or applicable laws.
Any liability attributable to us for any damage shall be reduced if there has been negligence or other harmful act or omission that caused or contributed to the damage.
3- Our liability in case of bodily injury of passengers
Our liability in case of death, wounding or any other bodily injury by a passenger in the event of an accident occurring as part of any boarding and disembarkation operations is compliant with Article 17 of the Convention.
For any damages up to and including the sum of the equivalent of 113,100 SDR, we shall not exclude or limit our liability, unless we prove that:
- the damage sustained in case of death, wounding or any other bodily injury is attributable to a medical, physical, or mental condition of the injured or deceased passenger that prevailed prior to boarding operations;
- the damage was fully or partly caused by the negligence or other wrongful act or omission of the injured or deceased passenger;
we have taken all necessary measures to avoid the damage or it was impossible for us to take such measures under Article 20 of the Convention;
the damage was not due to our negligence or other wrongful act or omission of us or our agents to the extent that, according to the Convention, the amount of the damages exceeds 113,100 SDRs per passenger;
that the damage was solely due to the negligence or other wrongful act or omission of a third party to the extent that the amount of the damage exceeds 113,100 SDRs per passenger.
Not later than 15 days after the identity of the natural person entitled to compensation has been established, we shall make such advance payments as may be required to meet immediate economic needs. This advance payment shall not be less than the equivalent of 16,000 SDR per passenger in the event of death.
4- Amount of compensable damage
Compensation in case of death, wounding or any other bodily injury of a passenger as per clause 3. above will be calculated according to the damage sustained by amicable settlement, expert appraisal, or recourse to the competent courts.
Under the present provisions, our compensation is restricted to the amounts received by the passenger, as provided for by their social security scheme.
We reserve the right of recourse and subrogation against any third party.
An advance payment shall not constitute recognition of our liability and the payment may be offset against any subsequent sums paid on the basis of our liability.
The passenger will return the advance payment if it is subsequently proved that:
- negligence or another wrongful action or omission on the part of the person who is claiming compensation, or the person whose rights they hold, caused the Damage or contributed thereto;
or
- the person who received the advance payment was not the person entitled to compensation.
5- Our liability in case of delay
Characteristics of compensable Damage:
solely proven direct Damage that directly results from a delay is compensable,
the Passenger must prove the existence of Damage resulting directly from the delay.
Extent of the Carrier´s liability:
We shall not be liable for Damage resulting from a delay if we prove that we or our agents took all the measures that could reasonably be required to prevent the Damage or that it was impossible for us to take such measures.
The Carrier is not liable for the Damage resulting from a delay, if the delay is attributable to the Passenger or if the Passenger contributed to it.
Extent of Compensation:
In the event of Damage suffered by a Passenger resulting from a delay, as defined by the Convention, and with the exception of wrongful acts or omissions on the part of the Passenger, the amount of compensation shall be determined in light of the Damage proved by the Passenger. In any case, the Carrier´s liability is limited to the amount of 4,694 SDR per Passenger.
In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of wrongful acts or omissions on the part of the Passenger, our liability is limited to the amount of 1,131 SDR per Passenger. Lump-sum compensation intended to cover the costs of immediate needs while waiting the delivery of the Baggage may be granted to you.
6- Our liability for damage to baggage
- We will not be liable for Damage suffered by your Baggage where said Damage is caused by property contained in said Baggage.
- If the property contained in the Passenger´s Baggage is a cause of damage to another person or us, you must compensate us for all losses suffered and costs incurred as a result.
- We will not be liable for any Damage and/or loss caused to fragile, perishable, or valuable items or items that are not adequately packed, as specified in Article 8.3.
- We will not be liable for Damage caused in whole or in part to Baggage, due to negligence, or a wrongful act or omission on your part or on the part of your right holder.
Amount of Compensable Damage:
For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, our liability in the event of Damage will be limited to 1,131 SDR per Passenger on international flights and as per our Regulations on domestic flights.
For Unchecked Baggage allowed on board, we may only be held liable in the event of proven fault on our part. In this case, said liability shall be limited to 1,131 SDR per Passenger on international flights and as per our Regulations on domestic flights.
Article 15: Compensation for denied boarding
1- Denied boarding
In case of overbooking, we will call for volunteers to surrender their reservation in exchange for compensation.
If an insufficient number of volunteers come forward, we may then deny boarding to other passengers according to a priority system that is our own. People involuntarily denied boarding are also compensated, provided they meet the following conditions:
- the passenger has a properly issued ticket and a confirmed reservation for the concerned flight,
- the passenger presented at the check-in counter before the Check-in Deadline indicated by us or our Authorised Agent,
- the passenger is not using a free ticket or discounted tariff directly or indirectly accessible to the public.
2- Passenger rights in case of denied boarding
Assistance
You may choose between:
- reimbursement of the cost of the ticket within seven days according to the terms of payment of its purchasing price for the unused part(s) of the journey (or other parts of the initial journey that became useless), or
- re-routing to your final destination under similar Conditions of Carriage and as soon as possible, or
- re-routing to your final destination under similar Conditions of Carriage at a later date, at your convenience, subject to seat availability.
Care
In addition, the passenger denied boarding will be offered:
- refreshments and adequate meal opportunities in consideration of the waiting time,
- hotel accommodation where a stay of one day or more is necessary,
- two free telephone calls of 3mn, or free sending of two telex or fax messages, or e-mails.
3- Amount of compensation and mode of payment
The amount of the compensation will depend on the flight distance and/or on whether the flight is an international or domestic one, in accordance to the Convention and our Regulations.
The compensation will be paid in cash or in the form of travel vouchers and/or other services selected by the passenger denied boarding.
Article 16: Time limitation on claims and actions
1- Notification
If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition.
If your checked baggage is damaged and according to Article 26 of the Convention, no claim shall be admissible if you fail to make a complaint to us immediately after you discover the damage and at the latest, within seven days from the date you received the checked baggage.
Complaints about delay to checked baggage must be made within 21 days of the baggage being made available to you.
As soon as the claim is received, we will draw up a statement of damage or loss/PIR (Property Irregularity Report).
2- Time limitation
Actions for damages must be brought within two years from the date the damage was sustained.
Any claim and action must be brought in written within the said time limit.
Article 17: Passengers with a disability
1- General and reservations
If you are a passenger with a disability and you require any special assistance, you should inform us at the time of booking of your special needs.
We will carry you where arrangements have been made to provide for your special needs.
If you do not inform us at the time of booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.
2- Seating
All the rules of seating in Article 5 apply to seating passengers with a disability. In any case, passengers with a disability may not be assigned to exit row seats or accompanied by an assistance dog in the cabin.
3- Travel with an attendant
We may require that you travel with an attendant if it is essential for your health and safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions.
4- Baggage
There is no charge for transporting any assistive device, wheelchair, cane, assistance dog.
On flights where medical oxygen is permitted, you will be charged for the service of medical oxygen. In addition, you will be required to be accompanied by an attendant.
5- Stretchers
We reserve the right to cease accepting passengers who must travel on a stretcher on any flight.
Article 18: Our Regulations
When we carry you and your baggage you must obey our regulations. These concern, among other things:
- unaccompanied children;
- passengers with reduced mobility;
- pregnant women and sick passengers;
- carrying animals;
- restrictions on using electronic devices on board the aircraft;
- smoking and drinking alcohol on board the aircraft;
- forbidden items in baggage; and
- limits on the measurements, size and weight of baggage.
Article 19: Applicable Law
The present Conditions of Carriage are governed by Malagasy Law.
Any dispute relating to their interpretation, application or non-application shall be exclusively ruled by Madagascar courts.
Article 20: Interpretation
The present Conditions of Carriage are published and/or displayed online for information purposes only.
The present Conditions of Carriage are available in English; in case of contradiction or inconsistency between the English and French versions, the French version shall prevail.