Transavia's Terms and Conditions Breakdown

- The document is excessively long and dense, presenting a wall of text that makes it very difficult for a consumer to easily find and understand crucial information like passenger rights, cancellation policies, and fees.
- The terms and conditions are split across two major entities, Transavia Airlines C.V. (HV) and Transavia France S.A.S. (TO), with separate, often differing, rules for each. A passenger must know which airline operates their flight to understand which rules apply, adding significant complexity.
- The “Modifica della prenotazione” and cancellation sections are particularly confusing, with a patchwork of different fees, penalties, and conditions based on fare type (Basic, Smart, Plus, Max), the specific airline (HV vs TO), and the timing of the change (more or less than 30 days before departure).
- The airline reserves the unilateral right to change the terms at any time. The text repeatedly states that “Transavia may modify these conditions” and that passengers should “check the conditions regularly,” which undermines the stability of the contract.
- Language discrepancies are resolved in favor of the airline’s language. For HV flights, the Dutch text prevails, and for TO flights, the French text prevails, which can be a significant barrier for passengers who are not fluent in these languages.
- The policy for “Modifica dell’orario nel giorno del viaggio” allows the airline to unilaterally suspend, limit, or modify the service at any time for “operational, technical, or safety reasons,” making the benefit discretionary rather than guaranteed.
- The airline imposes a 100% cancellation fee, and in many cases, the only refund available is for government taxes and airport fees, which must be actively requested by the passenger.
- The re-selling option for tickets is explicitly stated to be “not guaranteed” and without obligation on Transavia’s part, and even in case of a successful resale, the airline is fully exonerated from any further liability.
- The baggage policies are complicated and riddled with exceptions and potential extra charges at the gate. For example, specific types and sizes of bags are required, and failure to comply results in an undisclosed fee at the gate, leaving passengers vulnerable to surprise charges.
- The airline states it is not liable for “minor damage” to luggage such as “scratches, dents,” or damage to protruding parts unless caused intentionally or with “deliberate imprudence,” setting a high bar for passenger claims.
- Passengers can be banned from flying for up to five years or even for life for behavior deemed disruptive, with the airline acting as judge and jury with wide discretionary power.
- The document allows the airline to change the flight schedule and even substitute the operating airline, meaning a passenger’s contract can be fundamentally altered with notice, and possibly transferred to a different carrier with its own terms.
- The airline can make surcharges after a ticket is purchased for new taxes, fees, or costs from third parties, and the passenger is responsible for paying the difference. The only recourse is a full refund if the increase is “substantial” and the passenger cancels within seven days.
- The policy on pets includes a blanket refusal of boarding for animals without an EU pet passport or microchip, with the airline stating it is “not responsible” for any resulting losses, placing the entire burden on the passenger.
- The conditions for children (e.g., nationality-specific rules for Italian, Spanish, and foreign children in Portugal) are highly specific and could easily be missed by a parent, leading to denied boarding.
- The “Dichiarazione speciale di interesse” for high-value baggage allows the airline to set a maximum limit on the declared value, potentially preventing a passenger from fully insuring expensive items regardless of their willingness to pay.