Canadian Transportation Agency Symbol of the Government of Canada

Charter Tariff Containing Rules for Advance Booking, Inclusive Tour and Common Purpose Charters

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NOTE

The attached tariff is intended to serve as a guide.  It is not intended to cover all possible situations or to be an exhaustive treatment of the subject.

For more detailed information you should consult the Canada Transportation Act (hereinafter the CTA), and the Air Transportation Regulations (hereinafter the ATR).  These documents are available on the Agency's internet site at:  http://www.otc-cta.gc.ca.

Please remember that the tariff is the contract of carriage between the carrier and charterer/passenger and as a carrier you are obligated to respect your tariff and apply its conditions.

Should you have any questions concerning the adequacy of your company's tariff, you may wish to refer the matter to your own legal counsel or communicate with Agency's staff for technical assistance.

In order to help carriers complete their tariff document as accurately as possible, information notes have been inserted in red text in the sample tariff for the carrier's reference and direction only.  Please ensure that these notes are deleted from the document when it is finalized.


TABLE OF CONTENTS

EXPLANATION OF ABBREVIATIONS, REFERENCE MARKS AND SYMBOLS

CTA(A)
Canadian Transportation Agency
IATA
International Air Transport Association
No.
Number
$
Dollar(s)
(R)
Denotes reductions
(A)
Denotes increases
(C)
Denotes changes which result in neither increases or reductions
(X)
Denotes cancellation
(N)
Denotes addition
CAD
Canadian

RULE 1. DEFINITIONS

"ABC/ITC"
means a passenger charter flight on which both advance booking passengers and inclusive tour participants are carried.
"Accommodation"
means sleeping facilities provided on a commercial basis to the general public.
"Advance Booking Charter" or "ABC"
means a round-trip international charter originating in Canada operated by one or two licensed air carriers under a contract with a charterer or contracts with charterers, where
  1. one charterer, all the charterers or a combination of charterers and foreign origin charterers contract for the entire passenger seating capacity of the aircraft for hire to the public;
  2. if the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer and each foreign origin charter contracting for passenger seats contracts for at least 20 passenger seats for hire to the public; and
  3. if the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer charters the entire passenger seating capacity of the aircraft for hire to the public.
"Baggage"
which is equivalent to luggage means such articles, effects and other personal property of the passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the passenger trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
"Canada"
means the ten provinces of Canada, the Yukon Territory, the Districts and Islands comprising the Northwest Territories of Canada and Nunavut.
"Cargo"
means any goods except mail other than in plane load lots, and baggage that can be transported by charter transportation.
"Carriage"
which is equivalent to transportation means carriage of passengers, baggage or cargo by air, gratuitously or for hire.
"Carrier"
means (Fill in Name of your Company).
"Charter Flight"
means the movement of an aircraft transporting the charterer's passengers, baggage or goods from the point of take off to the first point of landing thereafter (intermediate technical or fuel stops excepted).
"Charter Contract"
means a contract entered into between carrier and the charterer(s) for the provision by the carrier of Charter Commercial Air Services.
"Charterer"
means a person, association, partnership, company, corporation or other legal entity which makes with the carrier a charter contract to which this tariff applies.
"Common Purpose Charter" or "CPC"
means a return passenger charter originating in Canada where one or more charterers contract for the entire passenger seating capacity of an aircraft in order to provide air transportation at a price per seat:
  1. to and from a CPC event, or
  2. in connection with a CPC educational program.
"Complete Capacity"
means the whole of the traffic payload carrying capacity of an aircraft.
"CPC Educational Program"
means a program for educational purposes organized for the exclusive benefit of full-time elementary or secondary school students, or both.
"CPC Event"
means a presentation, performance, exhibition, competition, gathering or activity that
  1. is of apparent and considerable significance unrelated to the general interest inherent in travel, and
  2. is not being created or organized for the primary purpose of generating charter air traffic.
"Destination"
means the point to which the passengers or goods to be transported on a charter flight are bound.
"Entity Charter"
means a charter in which
  1. the cost of transportation of passengers or goods is paid by one person, company or organization without any contribution, direct or indirect, from any other person, and
  2. no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the trip.
"Ferry Flight"
means the movement of an aircraft without the charterer's passengers or goods in order to position the aircraft to perform a charter flight or upon completion of a charter flight to position the aircraft to a point required by the carrier.
"Goods"
means anything that can be transported by air, including animals, but excluding mail, other than in plane load lots, and baggage.
"Inclusive Tour" or "Tour"
means a round or circle trip performed in whole or in part by air for an inclusive tour price for the period the participants are away from the starting point of the journey.
"Inclusive Tour Charter" or "ITC"
means a charter under which an air carrier contracts with one or more tour operators to charter the entire passenger seating capacity of an aircraft, for resale by the tour operator or operators at an inclusive tour price per seat.
"Inclusive Tour Price"
includes, for a participant in an inclusive tour, charges made for
  1. transportation,
  2. accommodation, and
  3. where applicable, tour features.
"Montreal Convention"
means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, May 28, 1999.
"Origin"
means the point from which a charter flight commences with the passengers or goods to be transported.
"Passenger"
means any person, except members of the crew, carried or to be carried in an aircraft with the consent of the carrier pursuant to a charter contract.
"Price per Seat"
means the amount, expressed in Canadian dollars, by the payment of which round-trip air transportation may be purchased from a charterer or his agent for a passenger on an ABC or a CPC.
"Route"
means the one-way total mileage from the point of origin to the point of outbound destination via any point of layover or stopover, or the total one-way mileage from the point of outbound destination to the point of origin via any point of layover or stopover.
"SDR"
means Special Drawing Rights issued by the International Monetary Fund.
"Tour Features"
means all goods, services, facilities and benefits, other than accommodation and transportation, that are included in an ITC program at the inclusive tour price or made available to tour participants as optional extras at an additional charge.
"Tour Operator"
means a charterer with whom an air carrier has contracted to charter an aircraft in whole or in part for the purpose of operating an inclusive tour.
"Transportation"
in respect of an inclusive tour, means the transport of the tour participants and their personal baggage by air or other modes between
  1. all points in the tour itinerary, and
  2. airports or surface terminals and the location where accommodation is provided in the tour itinerary other than the point of origin.
"Warsaw Convention"
means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as amended, but not including the Montreal Convention as defined above.
"Country"
(please insert the definition of the country where the carrier is operating).

RULE 2. APPLICATION OF TARIFF

  1. This tariff is applicable to the transportation of passengers and their baggage or goods in charter service on aircraft operated by the carrier.
  2. Charter service will be furnished under the terms of this tariff only after an appropriate written charter agreement, in the form prescribed by the carrier, is executed by the charterer and the carrier.
  3. Charter transportation originating in Canada shall be subject to the rules, rates and charges published or referred to in this tariff in effect, by virtue of the effective date of each page, on the date of signing of the charter agreement (except that the charter price shall be subject to fuel surcharges in effect on the date the transportation commences from the point of origin of each flight).
  4. The contents of this tariff form part of the charter contract between the carrier and the charterer and in the event of any conflict between this tariff and the charter contract this tariff shall prevail unless departure from the tariff has been authorized by the CTA(A).
  5. Notwithstanding Rule 2c., when the charterer and the carrier agree to amend a contract for a series of flights within the original period of the contract, the tariff in effect at the time of signing of the original contract shall apply.
  6. Any airport or air transportation tax imposed by any government authority is not included in the charter rates and charges published herein.

RULE 3. CURRENCY

Rates and charges are published in the lawful currency of Canada. Where payment for Canadian originating charters is made in any currency other than Canadian, the resulting charges shall be the equivalent of the Canadian dollar amounts published in this tariff on the basis of the local banker's rate of exchange as calculated on the date of signing the charter agreement.

RULE 4. CHARTER AND FERRY MILEAGE DETERMINATION

For the purpose of computing rates and charges herein, the mileage to be used, including both charter and ferry (if any) mileage, will be the shortest mileage covering the actual airport to airport great circle mileage of the agreed charter flight or flights, to be performed in accordance with the agreed flight schedule, as published in the following sources in the order listed below:

  1. Air Distance Manual, published jointly by International Air Transport Association and International Aeradio Limited;
  2. IATA Mileage Manual, published by the International Air Transport Association;
  3. And/or combination thereof.

(Note: You may also insert other mileage sources)

RULE 5. COMPUTATION OF CHARGES

The total charter price payable by the charterer shall be the sum of the following:

  1. (Applicable to Entity Charters only)
    1. An amount determined by multiplying the distance of the charter flight(s) determined in accordance with Rule 4 herein, times the applicable charter rate per mile shown in the Table of Charges, or, where distances cannot be measured, the hours or fraction thereof of the charter flight(s), times the applicable charter rate per hour shown in the Table of Charges, provided that the charge per charter flight shall not be lower than the minimum charge per charter flight shown in the Table of Charges; plus
    2. An amount obtained by multiplying the distance of the ferry flight(s), if any, determined in accordance with Rule 4 herein times the applicable ferry rate per mile shown in the Table of Charges, or where distances cannot be measured, the hours or fraction thereof of the charter flight(s), times the applicable ferry rate per hour shown in the Table of Charges, provided that the charge per ferry flight shall not be lower than the minimum charge per ferry flight shown in the Table of Charges.
  2. (Not applicable to Entity Charters)
    1. An amount obtained by multiplying the distance of the charter flight(s), determined in accordance with Rule 4 herein, times the applicable charter rate per seat mile shown in the Table of Charges, the result of which is multiplied by the total passenger seating capacity of the chartered aircraft; plus
    2. An amount obtained by multiplying the distance of the ferry flight(s), if any, determined in accordance with Rule 4 herein, times the applicable ferry rate per seat mile shown in the Table of Charges, the result of which is multiplied by the total passenger seating capacity of the chartered aircraft.
  3. (Choose one of two fuel clauses or omit entirely)
    • Fuel consumed in the performance of a charter shall be charged to the charterer in the amount by which the cost per litre to the carrier in Canadian currency exceeds (fill in zero or a specific amount).
      OR
    • Fuel surcharges as set forth in Table C calculated by the same formula as charter and ferry charges according to Rule 5a. and b. above.
  4. Layover charges, if any, as set forth in the Table of Charges will be assessed by the carrier for holding the chartered aircraft at the request of the charterer at any point on the charter route in excess of the free waiting time.
  5. (Applicable to Entity Charters only)
    Taxiing charges, if any, for the time required to transport passenger and baggage or goods of a charterer by taxiing from point to point on a supporting surface calculated by multiplying the time required by the charter rate per hour shown in the Table of Charges.
  6. Valuation charges, if any, in accordance with Rule 10.
  7. All charges or expenses incurred by the carrier to cover the cost of accommodation, meals and ground transportation for crew whenever the nature of the charter requires said crew to live away from the place at which they are normally based for a period in excess of (fill in) hours.
  8. The actual cost of all passenger and/or goods handling charges incurred by the carrier at airports other than the carrier's base.
  9. The actual cost of any special or accessorial services performed or provided at the request of the charterer.
  10. Any cost or expense for Customs and Immigration services incurred by the carrier in the performance of the charter contract.

RULE 6. CONDITIONS OF CARRIAGE

  1. Space and weight limitations

    Passengers and baggage or goods will be carried within space and weight limitations of aircraft.
  2. Medical clearance

    The carrier reserves the right to require a medical clearance from the Company Medical Authorities if travel involves any unusual risk or hazard to the passenger or to other persons (including, in cases of pregnant passengers, unborn children).
  3. Transportation of a person with a disability

    (The following note is for information purposes only, please delete.)

    Note to carrier:  To avoid undue obstacles, carriers are encouraged to dialogue with individuals with disabilities concerning their needs.  Upon receipt of a complaint, the Agency has the authority to review an individual situation to determine whether or not an undue obstacle to the mobility of persons with disabilities existed, and to order corrective action as may be required.

    (Please use only suggested provisions for appropriate size of aircraft, BUT NOT BOTH.)


    Provision for aircraft WITH LESS THAN 30 PASSENGER SEATS

    The carrier will make its best effort to accommodate passengers with disabilities including their attendants, service animals or other mobility aids on the flight; however, certain mobility aids, for example rigid frame wheelchairs or electric wheelchairs, may not be able to be accommodated due to space and/or design limitations of the aircraft.


    OR Provisions for aircraft WITH 30 OR MORE PASSENGER SEATS

    (While provisions of Part VII of the Air Transportation Regulations are not mandatory for carriers operating international services, it is recommended that carriers reflect and adhere to its requirements.)
    1. Definitions

      NOTE:  The definition of "Ambulatory" and "Non-Ambulatory" are taken from Transport Canada's Guideline, Commercial Air Services (Carriage of Non-ambulatory Passengers on Large Turbo-jet Aeroplanes).

      "Ambulatory"
      means a person who is able to move about within an aircraft unassisted.
      "Non-Ambulatory"
      means a person who is not able to move about within the aircraft unassisted.
      "Non-self-reliant"
      means a person who is not self-reliant.
      "Self-reliant"
      Except for needs and assistance related to safety, "self-reliant" means a person who is independent, self-sufficient and capable of taking care of all personal needs during flight, and does not require assistance of a personal nature, such as assistance with eating, using the washroom facilities or administering medication, or assistance from the carrier beyond the range of services that are normally offered by the carrier.
      "Service animal"
      means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained to assist a person with a disability by a professional service animal institution and which is properly harnessed in accordance with standards established by a professional service animal institution.
      1. Acceptance of declaration of self-reliance

        Except for safety-related matters governed by Transport Canada, the carrier will accept the determination made by or on behalf of a person with a disability as to self-reliance.  Once advised that he or she is self-reliant, the carrier shall not refuse such passenger transportation on the basis that there is a lack of a personal attendant or based on the assumption that the passenger may require additional attention from airline employees to assist with the passenger's needs such as assistance with eating, using the washroom facilities or administering medication which are beyond the range of services that are normally offered by the carrier.

      2. Acceptance of a person with a disability

        Persons with a disability will be accepted for transportation as outlined below:

        Disability

        Personal Attendant Required

        Blind No
        Deaf No
        Blind and Deaf/Self-reliant No
        Blind and Deaf/Non-self-reliant Yes
        Intellectual/Self-reliant No
        Intellectual/Non-self-reliant Yes
        Ambulatory/Self-reliant No
        Ambulatory/Non-self-reliant Yes
        Non-ambulatory/Self-reliant No (Note 1)
        Non-ambulatory/Non-self-reliant Yes
      3. The carrier will refuse to transport, or will remove at any point, any passenger whose actions or inactions prove to the carrier that his/her mental or physical condition is such as to render him/her incapable of caring for himself/herself without assistance, unless he/she is accompanied by an attendant who will be responsible for caring for him/her en route and, with the care of such an attendant, he/she will not require attention or assistance from employees of the carrier beyond the services normally provided by the carrier. - See  Rule 6c.(ix) Guidelines on Services to be Provided to Persons with Disabilities.
    2. Passengers with a disability will not be permitted to occupy seats in designated emergency exit rows, in over-wing emergency exit rows, where the ventral stair may have to be used as an emergency exit, or on the upper deck of the aircraft or, otherwise in accordance with Transport Canada's safety rules and regulations.
    3. Reservations should be made at least 48 hours in advance of travel, advising the carrier as to the nature of the disability and assistance required, so that arrangements can be made.  The carrier will make a reasonable effort to accommodate passengers who fail to make reservations 48 hours in advance.
    4. In addition to the regular free baggage allowance, the carrier will accept the following items as priority checked baggage without charge:
      1. an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;
      2. a manually operated folding wheelchair;
      3. a walker, a cane, crutches or braces;
      4. any device that assists the person to communicate better;
      5. and any prosthesis or medical device.
    5. The assembling and disassembling of mobility aids is provided by the carrier without charge.
    6. The carrier will accept for transportation, without charge, a service animal required to assist a person with a disability provided that the animal is properly harnessed and certified as having been trained by a professional service animal institution, to accompany the person on board the aircraft and to remain on the floor at the person's passenger seat.
    7. If a mobility aid is damaged or lost, the carrier will immediately provide a suitable temporary replacement without charge.  If a damaged aid can be repaired, the carrier will arrange, at its expense, for the prompt and adequate repair of the aid and return it to the passenger as soon as possible.  If a damaged aid cannot be repaired or is lost and cannot be located within 96 hours after the passenger's arrival, the carrier will, at its discretion, replace it with an identical aid satisfactory to the passenger, or reimburse the passenger for the replacement cost of the aid.
    8. Guidelines on Services to be Provided to Persons with Disabilities

      Recommended Practice: Air carriers are encouraged to incorporate the following material which is based on International Civil Aviation Organization (ICAO) Circular 274-AT-114 (Access to Air Transport by Persons with Disabilities):

      The carrier will ensure that services are provided to persons with disabilities when a request for such services is made at least 48 hours prior to departure, and will make reasonable efforts to accommodate requests not made within this time limit.  Services to be provided upon request will include:

      • assisting with registration at the check-in counter;
      • assisting in proceeding to the boarding area;
      • assisting in boarding and deplaning;
      • assisting in stowing and retrieving baggage;
      • assisting in moving to and from an aircraft lavatory;
      • assisting in proceeding to the general public area or, in some cases, to a representative of another carrier;
      • transferring a person between the person's own mobility aid and a mobility aid provided by the carrier;
      • transferring a person between a mobility aid and the person's passenger seat;
      • providing limited assistance with meals and inquiring periodically during a flight about a person's needs; and
      • briefing individual passengers with disabilities and their escorts on emergency procedures and the layout of the cabin.

      Acceptance of Mobility Aids

      The carrier will permit the person who uses a manually operated wheelchair to remain in the wheelchair:

      1. until the person reaches the boarding gate;
      2. where facilities permit, while the person is moving between the terminal and the door of the aircraft;
      3. where space and facilities permit, while the person is moving between the terminal and the passenger seat.

      Where space permits, the carrier will, without charge, permit the person to store a manually operated folding wheelchair and small aids in the passenger cabin during the flight.

      Mobility aids will be the last items to be stowed in the aircraft hold and the first items to be removed.

      Boarding and Deplaning

      Persons with disabilities needing assistance will be boarded separately (normally prior to all other passengers) and disembarked separately (normally after all other passengers).  If requested, the carrier and airport authorities will make arrangements for assisting persons with disabilities with outbound/inbound governmental clearance and with baggage delivery.

      Communication of Information

      The carrier will ensure that instructions relating to special handling requests from persons with disabilities are passed on to the cabin crew along with other special instructions. A list of the services that the operator had undertaken to provide at the time of reservation will also be transmitted to the personnel assisting such persons.

      Announcements to passengers concerning stops, delays, schedule changes, connections, onboard services and claiming of baggage will be made both visually and verbally to persons with disabilities who request such a service.

      Inquire Periodically

      When persons in wheelchairs who are not independently mobile are waiting to board an aircraft, the carrier and airport or ground handling staff will inquire periodically about their needs.

      Seating Assignment

      When a person identifies the nature of his or her disability, the carrier will inform the passenger of the available seats that are most accessible and then establish with that passenger an appropriate seat assignment.

      The carrier will provide appropriate seating for persons with disabilities.  However, such seating must not be in an emergency exit row, which is defined as a row that provides direct access to an exit without going into an aisle.

      Persons with disabilities and their attendants will, if they so request, be seated together or in other seating arrangements of their choice.

      Written Confirmation

      Whenever possible, the carrier will indicate in the record of a person's reservation any services that it will provide to that person, and will also supply a written confirmation of such services.

  4. Refusal to transportNote 2

    The carrier will refuse passage to any person when:

    1. Such action is necessary for reasons of safety;
    2. Such action is necessary to prevent violation of any applicable law, regulation or order of any country or possession to be flown from, to, or over.
  5. Exemption from liability

    Subject to the limits of liability contained in this tariff the carrier will be exempted from liability due to any failure to perform any of its obligations under the carrier's charter agreement arising from:

    1. Labour disputes or strikes, whether of the carrier's employees or of others upon whom the carrier relies for the fulfilment of the Charter agreement, and;
    2. "Force Majeure", or any other causes not attributable to the willful misconduct of the carrier including accidents to, or failure of aircraft or any part thereof, of any machinery or apparatus used in connection therewith.  Refusal of any Government or public body on whatsoever ground to grant the carrier any clearance, licence, right or other permission necessary to the performance of the carrier's charter agreement is deemed to be included in the term "Force Majeure".  Provided, always, that in the event of such failure, the carrier will use its best efforts to fulfil its obligations including the provision of alternate means of transport.
  6. Capacity limitations

    The charterer will be charged for the complete capacity of the aircraft, regardless of the space to be utilized.

    Any space not utilized by the charterer may, with the written concurrence of the charterer, be used by the carrier for the transportation of the carrier's own personnel or cargo or for employees of another air carrier travelling pursuant to a pass interchange agreement.

  7. Schedules/delays

    The carrier shall use its best efforts to carry the passengers and baggage with reasonable dispatch.  Times shown in charter contracts, passenger tickets or elsewhere are not guaranteed and form no part of the charter contract.  Flight times are subject to change without notice.

  8. Acceptance of children

    1. Children under 12 years of age are accepted for transportation when accompanied on the same flight and in the same compartment by a passenger at least 12 years of age.
    2. Ages 8 to 11 inclusive will be carried unaccompanied on flights providing: the child is brought to the airport by a parent or responsible adult; the child has satisfactory evidence establishing his/her age on the date of commencement of carriage; the child possesses written information showing the name and address of the responsible adult meeting the child at destination; and prior to releasing custody of an unaccompanied child, the agent will obtain positive identification of the responsible party meeting the child and the signature of the said party.
    3. The carrier will not assume any financial or guardianship responsibility for unaccompanied children beyond those applicable to an adult passenger.

RULE 7. ACCEPTANCE OF BAGGAGE OR GOODS

  1. All baggage or goods presented for transportation is/are subject to inspection by the carrier.
  2. Articles of baggage or goods will not be carried when such articles are likely to endanger the aircraft, persons or property, are likely to be damaged by air carriage, are unsuitably packed, or the carriage of which would violate the laws, regulations, or orders of countries or possessions to be flown from, into, or over.
  3. If the weight, size or character renders it unsuitable for carriage on the aircraft, the carrier, prior to departure of the flight, will refuse to carry the charterer's baggage or goods or any part thereof. The following articles will be carried only with prior consent of the carrier:
    1. Firearms of any description.
      Firearms for sport purposes will be carried as baggage provided required entry permits are in the possession of the passenger for the country of destination and provided that such firearms are disassembled or packed in a suitable case. The provisions of this Subparagraph do not apply to Officers of the Law travelling in line of duty and carrying legally prescribed sidearms or other similar weapons.
    2. Explosives, munitions, corrosives and articles which easily ignite.
    3. Pets, dogs, cats, and birds, when properly crated in leakproof containers and accompanied by valid health certificates or other documents where these are required. Such pets and animals will be carried only in the cargo compartments of the airplane.Note 3
    4. Photo-flash bulbs when appropriately marked and contained in the original package of the manufacturer.

RULE 8. REFUNDS

  1. Application for refund shall be made to the carrier or its duly authorized Agent.
  2. If a portion of the agreed transportation has been completed, refund will be the difference between the rates and charges paid and the rates and charges applicable to that portion of the agreed transportation completed, less any applicable cancellation charges, as specified in this tariff.

RULE 9. LIMITATION OF LIABILITY - PASSENGERS

For travel governed by the Montreal Convention

For the purpose of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.

For travel governed by the Warsaw Convention

Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage", as defined by the Warsaw Convention. However, the carrier with respect to all international transportation, as defined in the said Convention, performed by it, agrees that the limit of liability for each passenger for death or wounding or other personal injury shall be limited to proven damages not to exceed the sum of SDR 100,000 exclusive of legal fees and cost.

For travel governed by either the Montreal Convention or the Warsaw Convention

Nothing herein shall be deemed to affect the rights and liabilities of the carrier with regard to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger.

RULE 10. LIMITATION OF LIABILITY FOR BAGGAGE OR GOODS AND EXCESS VALUATION CHARGES

(Note: If you have a policy with regard to interim expenses, in the case of delayed baggage, details of that policy should also be included in your tariff)

For travel governed by the Montreal Convention

For the purpose of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.

NOTE:  Notwithstanding the normal carrier liability, as contained in this Rule, the limit of liability will be waived for claims involving the loss of, damage to, or delay in delivery of mobility aids, when such items have been accepted as checked baggage or otherwise.  In the event that a mobility aid is lost or damaged, compensation is to be based on the cost of the repair or replacement value of the mobility aid.
See Rule 6 (c) (viii)(This note is required only if services are applicable to aircrafts WITH 30 OR MORE PASSENGER SEATS.)

For travel governed by the Warsaw Convention

Carrier liability for the loss of, damage to or delay in the delivery of any personal property, including baggage which are carried as checked baggage and goods, is limited to the sum of 250 francs per kilogram, unless the passenger or charterer, at the time of presenting such baggage or goods for transportation, has declared a higher value and paid an additional charge in accordance with the provisions of this Rule.

Regarding objects of which the passenger takes charge himself/herself the liability of the carrier is limited to 5,000 francs per passenger.

NOTE: Notwithstanding the normal carrier liability, as contained in this Rule, the limit of liability will be waived for claims involving the loss of, damage to, or delay in delivery of mobility aids, when such items have been accepted as checked baggage or otherwise.  In the event that a mobility aid is lost or damaged, compensation is to be based on the cost of the repair or replacement value of the mobility aid.
*See Rule 6 (c) (viii).  (This note is required only if services are applicable to aircrafts WITH 30 OR MORE PASSENGER SEATS.)

In the case of loss, damage or delay of part of property carried as checked baggage, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the property lost, damaged or delayed. Nevertheless, when the loss, damage or delay of a part of the property affects the value of other property covered by the same baggage check, the total weight of the property covered by the baggage check shall also be taken into consideration in determining the limit of liability.

The monetary unit referred to in this Rule shall be deemed to refer to the gold franc referred to in the Carriage by Air Act, R.S., c. C-26. For the purpose of settlement of claims and in the event of an action against the carrier, any sum in francs shall be converted into Canadian dollars by:

  1. converting francs into Special Drawing Rights at the rate of one Special Drawing Right for 15.075 francs; and
  2. converting Special Drawing Rights into Canadian dollars at the rate established by the International Monetary Fund.

The rate of exchange for converting Special Drawing Rights into Canadian dollars shall be the rate prevailing on the date on which the amount of any damage to be paid by the carrier is ascertained by a court or, in the event a settlement is agreed between carrier and claimant, on the date settlement is agreed.

NOTE: At the time of filing of this tariff provision, 250 francs convert to approximately CAD $33.00 and 5,000 francs convert to approximately CAD $660.00. These converted values are provided for general reference only. Carrier's liability will be calculated for each claim individually, based on the formula set out in this Rule.

For travel governed by either the Montreal Convention or the Warsaw Convention

If the passenger or charterer does elect to declare a higher value an additional charge shall be payable and the carrier's liability will not exceed the higher value declared. The additional charge shall be calculated as follows:

  1. The amount of the carrier's liability calculated in accordance with the parts of this Rule set out above shall be referred to as "basic carrier liability";
  2. No charge shall be payable on that part of the declared value which does not exceed basic carrier liability;
  3. For that part of the declared value which does exceed basic carrier liability, a charge shall be payable at the rate of CAD [fill in] cents for each CAD $100.00 or fraction thereof.

Whether the passenger or charterer declares value or not, in no case shall the carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.

In the case of damage or partial loss, the person entitled to delivery must complain to the carrier forthwith after discovery of the damage or partial loss, and, at the latest, within seven days from the date of receipt of the baggage. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage has been placed at his disposal. In the case of loss, the complaint must be made at the latest within twenty-one days from the date the baggage should have been delivered. Every complaint, whether for loss, partial loss, damage or delay, must be made in writing and must be dispatched within the times aforesaid. Failing complaint within the times aforesaid, no action shall lie against the carrier.

RULE 11.  LIMITATION OF LIABILITY - SERVICE ANIMALS

Should injury to or death of a service animal result from the fault or negligence of the carrier, the carrier will undertake to provide expeditiously, and at its own expense, for medical care, or, replacement of the animal.

RULE 12. SUBSTITUTION OF AIRCRAFT

  1. When, due to causes beyond the control of the carrier, the aircraft chartered is unavailable at the time the charter commences or becomes unavailable while carrying out the charter, the carrier may furnish another aircraft of the same type or, with the consent of the charterer, substitute any other type at the rates and charges applicable to the aircraft originally chartered except as provided in paragraphs b. and c.
  2. When the substituted aircraft is capable of larger payload than the original aircraft chartered, the payload carried in the substituted aircraft will not be greater than the payload which would have been available in the aircraft originally chartered, unless the charterer agrees to pay the rates and charges applicable to the substituted aircraft.
  3. When the maximum payload of the substituted aircraft is smaller than the maximum payload of the original aircraft chartered, charges will be based on the rates and charges applicable to the type of substituted aircraft.

RULE 13. PAYMENT REQUIREMENTS

  1. Payments for a charter flight made to any person to whom the carrier, directly or indirectly, has paid a commission or has agreed to pay a commission with respect to such flight, shall be considered payment to the carrier.
  2. Full payment for each flight shall be made 7 days prior to departure.

RULE 14. CANCELLATION CHARGES

(Not applicable to transportation between Canada and the United States)

(Fill in provisions for cancellation.)

RULE 15. TICKETS

Please state your policy with respect to ticket reservation, cancellation, confirmation, validity and loss.

If, due to the nature of your operations, you do not issue tickets, and as a consequence you do not have such a policy, please state this here.  For example:  The carrier does not issue tickets.  Subject to the contract between the carrier and the charterer, prior to the flight, the charterer will provide a list of all the passengers' names to the carrier.

RULE 16. PASSENGER RE-ROUTING

Please state your policy with respect to passenger re-routing rules, voluntary and involuntary changes.

If, due to the nature of your operations, you do not offer passengers the option of re-routing, and as a consequence you do not have such a policy, please state this here.  For example:  The carrier is not liable to any passenger when he/she misses his/her flight.  In these instances, no other flight alternative is offered by the carrier to the passenger.

RULE 17. DENIED BOARDING COMPENSATION

Please state your policy with respect to boarding priorities, request for volunteers, alternative transportation and compensation.

If, due to the nature of your operations, you do not denied boarding passengers due to overbooking, and as a consequence you do not have such a policy, please state this here.  For example:  The carrier does not overbook flights, therefore, no denied boarding compensation is offered to the passenger.

RULE 18. GROUND TRANSPORTATION

The tolls published in this tariff do not include ground transportation. The carrier does not maintain, operate or provide ground transportation between airports or between airports and city centres. Any such services are performed by independent contractors who are not and shall not be deemed to be the agents or employees of the carrier. The carrier shall not be liable for the acts or omissions of such independent contractors or anything done by an employee, agent or a representative of the carrier in making arrangements for such ground transportation. The costs of ground transportation shall be payable by the charterer.

(Please note that as per the most recent Canada/United States Bilateral Agreement, carriers who operate in this market are no longer required to file fares, rates and charges with the Canadian Transportation Agency. However, a copy of these fares, rates and charges must be kept available for public inspection at the business office location.)

TABLE A
RATES AND CHARGES FOR ENTITY CHARTERS (in Canadian Currency)
Aircraft TypeRate per Statute MileRate per Hour
CharterFerryCharterFerry
         
         
         

Area of Applicability: (Specify area of the world for which tolls apply.)

Period of Applicability: (Specify a period of not less than 6 months but not more than 12 months for which tolls apply.)

(Specify Type(s) of Charter - Other Than Entity)

TABLE B
RATES AND CHARGES FOR OTHER THAN ENTITY (in Canadian Currency)
Aircraft Type  Seating ConfigurationRate per Seat Mile (cents to the third decimal)
CharterFerry
       
       
TABLE C
FUEL SURCHARGES (in Canadian Currency)
 Aircraft TypeRate per Mile
(Entity Only)
Rate per Seat Mile
(Except Entity)
     
     
     

(Note: This table is only required if fuel surcharge option is selected in Rule 5c. Periods of applicability and area differentiation may also be used.)

TABLE D
LAYOVER CHARGES (in Canadian Currency)
Aircraft TypeFree Waiting
Time
Rate per
Hour
Maximum Charge per
Day or Fraction
Thereof
       
       
       

(Note: Layover Charges may be differentiated by charter type.)

Notes

Note 1

Except in cases where the number of such passengers travelling on a given flight exceeds the Civil Aeronautics Directorate Transport Canada's Guideline, Commercial Air Services (Carriage of Non-ambulatory Passengers on Large Turbo-jet Aeroplanes). Carriers are advised to refer to the current guideline for further information.

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Note 2

If it concerns the transportation of a person with a disability, see  Rule 6c.(ii) Acceptance of declaration of self-reliance. (This paragraph is required only if services are applicable to aircrafts WITH 30 OR MORE PASSENGER SEATS.)

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Note 3

Not applicable to service animals.

Return to reference 3