Air Transport Agreement Conditions
For the purposes of these terms and conditions, each term described below will be understood as follows:
1.1 “Ticket” or “Airline Ticket” represents the group of documents that establish the conditions of the air transportation and baggage control contract which are found in all or some of the following documents: (i) the current Air Transportation Contract Conditions; (ii) the conditions described in the “Information about your Purchase” document that is delivered by the company or details about the reservation delivered by any agent; (iii) the magnetically recorded electronic ticket; (iv) the specific conditions applicable to the fare paid by the passenger; (v) the Boarding Card or Boarding Pass; and (vi) any communications and booking fees approved by aviation authorities in countries that require it.
1.2 “Carrier” or “Air Carrier” represents the airline that transports and/or agrees to transport the passenger and/or baggage under this contract or that performs any other service related to said air transportation.
1.3 “Warsaw Convention” refers to the Convention for the Unification of certain rules relating to international carriage by air, signed in Warsaw in 1929, and changes to these rules introduced by the Hague Protocol in 1955 and the Montreal Protocols in 1975.
1.4 “Montreal Convention” refers to the Convention for the Unification of certain rules relating to international carriage by air, signed in Montreal, Canada, on May 18, 1999.
2. General air transportation regulations
2.1 The issuance of the Ticket confirms agreement and acceptance of the conditions for air transportation and of the transportation contract established between the passenger and the Carrier, whose names appear on the Ticket. The Ticket, which is issued in the passenger’s name, is personal and non-transferable. It may be issued partially or entirely in printed form or as an electronic ticket.
2.2 Any exemption or limitation of liability of the Carrier under current national or international laws will apply and be to the benefit of the agents, employees and representatives of the Carrier as well as any other person or company whose aircraft is used by the Carrier to carry out the transportation and the agents, employees or representatives of said person or company.
2.3 The Carrier reserves the right, without restriction, to deny transport on any segment of the itinerary booked by the passenger, if the associated fare has not been paid fully or partially, if the payment method used by the passenger has been declined, revoked or invalidated or if the Ticket was obtained using means that violate the law.
2.4 If necessary (including but not limited to an exceptional case or force majeure), the Carrier may cancel the flight, substitute other carriers and/or change the aircraft assigned to the flight and/or change or omit stopovers indicated on the Ticket if necessary. The Carrier assumes no responsibility in guaranteeing any connections the passenger booked with a third-party.
2.5 Any passengers who do not show up for travel or arrive late for boarding and/or check-in for the corresponding flight will lose their Ticket or may rebook it for another date if the fare conditions that appear on the Ticket allow this change. Any change in date, point of departure, destination or itinerary of the Ticket, as well as any refund of the amount paid is subject to the conditions and restrictions of the fare booked by the passenger. Nevertheless, if the passenger does not carry out the trip and even if the fare paid does not allow for a refund of the Ticket, the passenger may request a refund from the Carrier of any airport taxes that are reimbursable based on the rules and regulations of the respective country. In the event that these taxes were not included in the amount paid (i.e. if they were collected directly by the airport), the passenger must request this refund directly from the respective airport authority, subject to the limitations and rules indicated previously.
2.6 Smoking is strictly prohibited inside the cabin of the Carrier’s aircraft. The Carrier reserves the right to deny transportation to any passenger that is unwilling to accept this condition.
2.7 The Ticket is valid for one year from the date of issue or until the date specifically stated on the fare acquired by the passenger. Once this period or any other shorter period indicated in the fare conditions has passed, the Ticket may not be used.
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2.8 The Passenger has the sole responsibility to become informed about, and to obtain and fulfill all travel requirements imposed by any authority, and must present identification, exit, transit, entry, visa, and other required documents dependent upon the destination. The Carrier will not be liable whatsoever for any delays or boarding refusals the passenger may experience in association with, or arising from, his/her failure to comply with the above obligation. The Carrier will deny boarding to any passengers that do not present the necessary documentation or whose identity does not correspond to the one indicated on the Boarding Pass, without further responsibility for the Carrier. The Carrier will not be liable for any information or help given to a passenger by any agent, employee or representative of the airline or by third parties, related to obtaining these documents and/or complying with the applicable laws and regulations.
2.9 The passenger must show up at the gate or check-in counter at the time indicated by the Carrier, and if it has not indicated any specific time, the passenger should allow enough time to complete all necessary departure procedures. This must be no less than 2 hours before the scheduled departure of the flight.
2.10 In the event that there are more passengers with confirmed reservations for a flight than seats available, and provided they have completed the check-in procedures within the required time periods, the Carrier will ask for volunteers to give up their seats in exchange for some form of compensation. If the Carrier does not have enough volunteers and must deny boarding to passengers against their will, these passengers will have the right to compensation as established by applicable laws.
2.11 The Carrier agrees to do everything possible to transport passengers and their baggage within a reasonable amount of time. The Carrier cannot guarantee compliance with times indicated on the Ticket or any other publication as they could change suddenly as a consequence of force majeure, safety reasons or other extraordinary circumstances. The Carrier will adopt all reasonable measures that are possible to avoid delays in transporting its passengers and their baggage. The Carrier assumes no responsibility for guaranteeing connections for events not attributable to it.
2.12 In some cases, the Carrier may require prior notification for trips made by certain passengers with a disability or illness , or if they must travel with service animals and/or emotional support animals. Passengers must inform themselves with enough time before the trip, about any special transportation requirements or conditions they must fulfill and coordinate prior to the acceptance of said passengers for boarding (i.e. transport of an unaccompanied minor, an infant, etc.), releasing the Carrier from any responsibility in the event that the passenger is denied boarding for failing to comply with applicable rules and/or policies of the company that are currently in effect.
3. Regulations for baggage transportation
3.1 In compliance with local and international regulations, the Carrier will deny the transportation as baggage (whether carry-on or checked), of any dangerous articles or substances that could pose a serious risk to health, the safety of the flight or any property, such as:
3.2 With the aim in mind to ensure the safety of the flight and comply with current regulations, the Carrier and the airport security personnel may confiscate dangerous articles and substances carried on the Passenger’s person or inside his/her carry-on baggage, in order to deliver them to the respective authorities in accordance with applicable local regulations.
3.3 A limited number of medicinal items and beauty products are permitted to be transported by passengers. Before placing them inside their baggage, the passenger must report these items to Carrier personnel.
3.4 Some of the articles mentioned above may be transported by air under certain special conditions, under an airway bill and subject to an air cargo fee. The passenger must consult the Carrier in advance about this.
3.5 Baggage is understood as only the personal items that are necessary to make the trip.
3.6 The passenger may not check the baggage he/she is transporting on any other flight except the one which he/she is going to board.
3.7 The baggage allowance for domestics flight its 20 Kilos per passenger and one piece of 5 Kilos maximum as a hand baggage.
3.8 Checked baggage will be delivered to the person carrying the baggage tag. In case baggage is damaged during transport, a claim must be filed in writing immediately after discovering the damage and no later than within 7 days after the date when the baggage was claimed, or in the case of domestic flights, within the shortest period specified by applicable laws. In case of a delay, the claim must be filed within 21 days following the date when the baggage was claimed or, in the case of domestic flights, within the shortest period specified by applicable laws. For the purposes of the previous paragraph, “delay” will be understood to mean any late arrival of the baggage for which the Carrier is directly liable..
4. Limits of liability
4.1 If a passenger’s trip begins and ends in the same country, the transportation service and the limits of liability will be governed by the applicable legislation of the country in question. If the trip made by the passenger is international, the Warsaw Convention, the Montreal Convention or any other applicable international regulation shall apply, as appropriate. These conventions and regulations will control, as appropriate, the limits of liability for the Carrier in case of death or personal injury to the passenger as well as baggage loss, delay or damage.
4.2 Regarding those items with high commercial value and electronic devices, the passenger must transport these items as carry-on luggage in order to always keep control of them, since the Carrier will only be liable up to the limits established by the law or applicable international conventions if they are transported as checked baggage.