Avianca

GENERAL INFORMATION ON ACCESS CONDITIONS AND USE OF THE AVIANCA.COM WEB SITE

All information presented in this site is protected by copyright laws and belongs to Aerovías del Continente Americano, S.A. AVIANCA, Sociedad Aeronáutica de Medellín Consolidada S.A. SAM S.A., each one considered individually for the purpose hereof and hereinafter referred to as THE CARRIER.

The information in this web site has been prepared in order to inform the user about the site, about Avianca, as well as about the products and services that THE CARRIER offers by Internet. THE CARRIER reserves the right to change the terms and conditions as well as to change the products and services offered in this Web site without prior notice and without this incurring in any liability.

For purposes of the information contained herein, “User” refers to anyone who enters http://www.avianca.com in order to know and/or use the products and services offered in the Web site.

Users cannot utilize the information contained in this site for business purposes other than those established herein; thus the use and modification of Web site contents for purposes other than those specified herein are totally prohibited.

The existing information in http://www.avianca.com has been compiled from internal and external sources. In each case, efforts will be made so that contents are as updated as possible. However, it is possible that incomplete or outdated information may be found, so Users are warned of the need to validate the information before using the same. To do so, it is necessary to contact the nearest Avianca Ticket Office. Likewise, we would appreciate Users to send a message to contactenos@avianca.com in case of noticing the existence of an error regarding insufficient, unclear information or if they notice that information validity has expired.

In some cases, this Web site will give references to other Web sites or links to other companies that have advertisement agreements with this site. THE CARRIER is not responsible for the contents or for the goods and/or services and/or products offered in said sites. All links to other sites are solely aimed at offering Users further information about existing services in the market, which we believe may be helpful. However, it does not involve a commercial offer from THE CARRIER to provide those services. Users will be solely responsible for the possible contracting of said services.

The products that THE CARRIER offers in this Web site are exclusively passenger airline transportation services, except when expressly stated otherwise herein.

Some CARRIER product tariffs, as well as the conditions of the same, shown in this Web site, apply exclusively to the purchase of tickets made directly through the site and, in such case, the corresponding tariffs and conditions will so state. Such tariffs and conditions are duly authorized by Aeronáutica Civil.

With the exception of the abovementioned, in general, tariffs showed herein are the same available in the market to be obtained directly at Avianca Ticket Offices or through other selling channels like THE CARRIER general representative offices or travel agencies.

With the exception of the personal information received from Users, the conditions for the use of which and the privacy guaranty regarding which are stated below, THE CARRIER reserves the right to legally use for business purposes, any communication, idea, non-registered invention, concept, disclosed technical knowledge, etc… furnished provided by Users.

The terms and conditions presented for exclusively promoting THE CARRIER products and services in this Web page are an offer made to unknown persons; therefore, they are not mandatory. THE CARRIER reserves the right to remove these promotions from public offer at any time.

“THE CARRIER warns of and informs about the existence of regulations against sexual exploitation of children, contained in Law 679 dated August 3, 2001, issued by the Congress of the Republic of Colombia, which sets forth provisions to prevent and fight against exploitation, pornography, and sexual tourism involving children. The Law sets forth rules for the prevention of the above and penalties for breaches of same. Pursuant to this law, THE CARRIER warns the users that, upon using this site, they should: (i) refrain from expressly or surreptitiously offering sexual exploitation of children in their tourist promotion programs; (ii) adopt measures to impede their employees, representatives or intermediaries, offer tourists orientation or sexual contacts with children; (iii) prevent, block, fight against, and denounce the exploitation, lodging, use, advertising or dissemination of images, texts, documents, audiovisual files; the improper use of global information networks or the establishment of theme links of any kind related to pornographic material or material regarding sexual activities with children; (iv) report any criminal act against children of which they have knowledge to the competent authorities, including the dissemination of pornographic material related to children; (v) attack the dissemination of pornographic material associated with children using all possible technical means at hand; (vi) refrain from using global information networks to disseminate illegal material related to children. At any rate, THE CARRIER will not be responsible for the users’ acts or omissions that breach the regulations set forth herein”.

Conditions to Have Access or Use the Web Site

A. Free Access and Use of the Web Site

Access to the Web site is free for Users and does not require their prior subscription or registration. Notwithstanding, the use of certain services, such as managing the User Frequent Flyer program account statement, ticket reservation and purchase, can only be made through the Users’ subscription or registration, as indicated when Users wish to have access to these options.

B. Obligation to Properly Use the Web Site and Services

Users agree to use the Web site and services offered therein in accordance with law, with these General Conditions as well general rules of etiquette and proper behavior.

Users will be responsible for damages that may be caused to THE CARRIER or to any third party due to misuse of the Web site and the information contained therein.

Below is a list of improper uses, which is expository but not specific.

To reproduce, copy or distribute information for business purposes

To transform or modify the Web site information

To delete, avoid or manipulate copyright and all other data that identifies or individualizes avianca.com, or holders incorporated in the contents, as well as technical protection devices, fingerprints or any mechanisms to have access to information.

To use Web site contents or services offered therein to send out publicity, communications for the purpose of direct selling or for any other kind of commercial purpose

To use the information to initiate messages addressed to multiple recipients, regardless of their end, etc…

To furnish provided false or wrong data that may lead to error or damage to THE CARRIER or to a third party.

Denying Access and Removing the Privilege of Access to the Web Site and/or to Services

THE CARRIER reserves the rights to deny access or remove the privilege of access to the Web site and/or to services, at any time and without prior notice, to Users who do not comply with the applicable Particular Conditions set forth herein.

Duration and Termination

Web site service and other service provision will be indefinite, but THE CARRIER reserves the right to terminate or suspend Web site service and related services provision at any time.

Whenever it is reasonably possible, THE CARRIER will previously notify the termination or suspension of Web site service and other service provision.

Technical Suitability, Accuracy, Sufficiency, Validity and Usefulness of the Information

1. No guaranties regarding and no liability for the technical suitability of the services provided by THE CARRIER through the Web site

THE CARRIER Web site services do not guarantee the absence of viruses or other elements that may alter the Users’ IT systems (software, hardware or electronic documents and files stored in the same); therefore, THE CARRIER is not responsible for damages to Users, regardless of their nature, as a result of such events.

Users must take the precautions suggested by technicians to protect their IT systems.

THE CARRIER will use hardware, software and telecommunications technologies available in the market, which have been proven efficient, to ensure Users the integrity and availability of information furnished by such technologies and/or Users. Likewise, transference and electronic data coding protocols, acknowledged as safe on the market, will be used.

THE CARRIER does not ensure availability and continuity of uninterrupted Web site operation. When it is reasonably possible, THE CARRIER will notify the Web site operation interruptions in advance.

THE CARRIER is not responsible for damages of any kind that may arise as a result of the unavailability or interruptions in the operation of the Web site.


2. Absence of guaranties and no liability for services provided by third parties through the Web Site.

THE CARRIER does not guarantee the lawful nature, technical competence, accuracy, sufficiency, validity, and usefulness of the information furnished and the services provided by third parties through the Web site.

THE CARRIER is not responsible for damages whatsoever, which are or may be due to the services provided by third parties through the Web site, including, but mot limited to, damages that may be the result of:

• Non-compliance with law, general etiquette and good behavior or public order. 
• Breach of intellectual and industrial copyright, business private information, contractual commitments of any kind, rights to honor, to personal and family privacy, to one’s own image, and ownership rights and rights of any other nature, which belong to a third party as a consequence of the provision of services by third parties through the Web Site. 
• Performance of unfair competition acts and illegal advertisement as a result of the provision of services by third parties through the Web Site.  
• Lack of veracity, accuracy, sufficiency, suitability, and validity of the contents transmitted, disseminated, stored, received, obtained, offered or accessible through the provision of services by third parties through the Web site Lack of appropriateness for any kind of purpose and unmet expectations generated by the provision of services by third parties through the Web site.
• Non-compliance with, delay in compliance, defective compliance, or termination for any cause whatsoever of the obligations contracted by third parties and contracts entered into with third parties regarding or due to the provision of services through the Web site.
• All kinds of faults and defects of the services provided by third parties through the Web site.

 

3. Absence of guaranties and no liability for services and contents lodged outside the Web site

The Web Site offers Users technical linking devices (such as links, banners, buttons, search directories and tools) that enable having access to other Web sites that belong to, or are managed by, third parties (hereinafter referred to as Linked Sites).

The installation of Linked Sites is exclusively aimed at facilitating Users the search of and the access to the information available on the Internet.

The presence of Linked Sites does not represent an offer from THE CARRIER to provide the services offered at said sites, either directly or on behalf of third parties.

THE CARRIER does not control, approve, supervise or own the products, services, contents, information, data, files and any kind of material existing in the Linked Sites.

Therefore, Users, at their own risk, decide to use the services, information, data, files, products, and any kind of material existing in the Linked Sites.

THE CARRIER does not ensure the technical suitability, accuracy, sufficiency, validity, and usefulness of the information, or assumes any responsibility for damages of any kind that may be due to:

• Operation, availability, accessibility or continuity of the Linked Sites.
• Maintenance of services, contents, information, data, files, products, and any other kind of material existing in the Linked Sites.
• Provision or transmission of services, contents, information, data, files, products, and any other kind of material existing in the Linked Sites.
• Quality, legality, reliability, and usefulness of services, contents, information, data, files, products, and any other kind of material existing in the Linked Sites.
• Non-compliance with law, general etiquette and proper behavior or public order.
• Breach of intellectual and industrial copyright, business private information, contractual commitments of any kind, rights to honor, to personal and family privacy, to one’s own image, and ownership rights and rights of any other nature, which belong to a third party as a consequence of the provision of services by third parties through the Web Site.
• Performance of unfair competition acts and illegal advertisement as a result of the provision of services by third parties through the Web Site.
• Lack of veracity, accuracy, sufficiency, suitability, and validity of the contents transmitted, disseminated, stored, received, obtained, offered or accessible through the provision of services by third parties through the Web site.
• Lack of appropriateness for any kind of purpose and unmet expectations generated by the provision of services by third parties through the Web site.
• Non-compliance with, delay in compliance, defective compliance, or termination for any cause whatsoever of the obligations contracted by third parties and contracts entered into with third parties regarding or due to the provision of services through the Web site.
• All kinds of faults and defects of the services provided by third parties through the Web site.

 

4. Absence of guaranties and no liability for Users’ utilization of the Web site, of the services and contents of this page

THE CARRIER does not control or assumes any liability for controlling Users in the use they make of the Web site, and of the services and contents hereof.

In particular, THE CARRIER does not ensure that Users use the Web site, the services and contents in accordance with the conditions set forth herein and, in this case, in accordance with the Particular Conditions applicable, or that Users do it in a diligent, discrete manner.

THE CARRIER does not verify or assumes any responsibility for verifying Users’ identities or the veracity, validity, sufficiency, and authenticity of the data furnished by Users. Therefore, it does not assume any responsibility whatsoever for damages of any kind that may be due to the use of services and contents by Users or that may be due to the lack of veracity, validity, sufficiency or authenticity of the data Users furnish to other users about themselves, including, but not limited to, responsibility for damages of any nature that may be due to supplanting a third party’s identity by any User in any kind of communication through the Web Site.

Applicable Law and Jurisdiction

Conditions for access and use established herein and conflicts that may arise in relation to their interpretation, use, scope, and termination are ruled by Colombian law and are subject to Colombian judges pursuant to rules setting competence, especially by 1999 Law 527 regarding electronic commerce.

No Granting of License or Usage Authorization

Neither Avianca nor THE CARRIER grant a license or authorize any kind of use of their intellectual or industrial rights or of any ownership or right regarding the Web site, the services or contents due to simply having access to the Web site avianca.com or using the services offered therein.

Users’ Information Privacy Policy

THE CARRIER ensures the confidential handling of the personal information provided by Users, such as:

• Names and last names
• Identification type and number
• Birth date
• Marital status
• Mail and e-mail addresses (home and/or work)
• Contact telephone numbers (home and/or work)
• Fax number (personal and/or work)
• Mobile telephone number (home and/or work)
• Profession or occupation
• Company and position and/or University
• Frequent Flyer Card Number
• Credit card information (number, security code, entity, expiration date)

 
Notwithstanding the above, THE CARRIER may use all of the information received from Users for marketing purposes for its own products to offer services and promotions according to their profiles.

Personal information can be furnished to third parties with User’s prior approval, and at any rate it will be furnished when required by judicial or administrative competent authority.

    Information Modification / update

Personal data given by the user will form part of a digital file that contains their profile. Users can modify their profile at any time using their user/partner number and their assigned (or  personally selected) personal identification number.

Avianca advises users to update their information any time that it changes to ensure a personalized service.

If you receive the email promotion service you can cancel the service at any time.

    Protection of personal information

Information given by a user is safeguarded with a personal identification number known only to them, which can only be used by them.

We recommend that you do not reveal your password to anyone. Avianca will never request your password in unsolicited telephone calls or emails. The user is responsible at all times for keeping secret their user/partner number, personal password, access code and confidential number which they use to access the services and content of our site. To reduce risks Avianca recommends that users sign out of their accounts and close their browser window when they have finished browsing the site, especially if they share a computer with someone or use a computer in a public place like a library or Internet cafe.

Once your information is received we are committed to doing whatever it takes to safeguard the Security of your information in our systems. At Avianca we have focused our efforts on using the latest, most modern, and up to date technology to give you the best security possible.

GLOSSARY

Reissue: Ticket alteration (transportation contract) which cannot be made through a revalidation and requires the issuance of a new ticket.

Revalidation: Stamped or written authorization on the passenger’s ticket showing that the ticket has been officially altered by the carrier; the alteration cannot be a change of origin, destination, stops or tariff.

ISSUE FOR LOST TICKET:

 It is the re-issuance of the ticket due to loss or deterioration. Tickets will only be reissued with AVIANCA or SAM plates.

Procedures in Case of Copyright Breach

If Users or third parties consider that any Contents included in the Web site represent a violation of their copyright, they must send a communication to THE CARRIER including the following information:

• Personal data: name, address, telephone number, e-mail address of the claimant.
• Authentic signature, with the personal data of the holder of the allegedly breached copyright or of the person authorized to act in representation of and on the account of the holder of the allegedly breached copyright.
• Complete, precise indication of the contents protected by the allegedly breached copyright as well as their location in the Web site.
• Express, clear statement that the indicated content use has been carried out without the prior consent of the holder of the allegedly breached copyright.
• Express, clear statement for which the claimant is responsible stating that the information furnished in the notice is accurate and that the use of the contents involves a breach of the holder’s copyright.

THESE NOTICES MUST BE SENT TO:

e-Mail: contactenos@avianca.com
Mail address: Avenida Eldorado # 92 - 30

The study and solution of the claims generated by such events will be subject to applicable law, based on the nature and scope of the claim.