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Download the PDF version of the Contract of Carriage of Aerovías del Continente Americano, S.A. (AVIANCA)
Get to know the conditions for flights to and from Canada.
Transportation of Passengers and Baggage provided by Aerovías del Continente Americano, S.A. AVIANCA and Carriers doing business as AVIANCA, are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Reservations are personal and non-transferable. It is prohibited to make reservations using fictitious names.A reservation must contain at least the following information:
When, through its business rules and system configuration, THE CARRIER discovers that a person has reserved Legs that cannot be flown simultaneously, it will automatically cancel duplicate reservations.
Reservations can be processed as follows:
A reservation can be canceled for the following reasons:
A reservation may be modified for the following reasons:
The ticket can be paid for using the means that THE CARRIER provides for, either directly or through its authorized agent.
The Passenger must furnish THE CARRIER with true information regarding his/her personal data in order for THE CARRIER to book a reservation on behalf of the passenger and provide the contracted carriage service.
THE CARRIER will process the information, including gathering, storing, using, circulating,, transmitting and/or transferring the data furnished by the Passenger, for the proper performance of the activities related to the acquired carriage service, such as preparing the reservation; applying modifications, cancellations, and changes in the itinerary; processing refunds; handling queries, complaints and claims; updating accounting records, purchasing tickets or additional products, handling processes in which third-party providers, representatives or agents of THE CARRIER may be involved and which may occur in countries other than the place where the reservation is made; and for any other purpose accepted by the Passenger under the terms of THE CARRIER’s Privacy Policy.
The information that the Passenger furnishes will remain stored for a period of ten (10) years as of the date on which the data was furnished, to enable THE CARRIER to meet its legal obligations, particularly those regarding accounting, fiscal, and tax matters.
THE CARRIER ensures the security and confidentiality of the data that the Passenger furnishes, pursuant to its Privacy Policy.
THE CARRIER’s Privacy Policy is available for viewing at www.avianca.com.
If some change in operations occurs regarding the flight, departure time, a change of aircraft or in general any aspect that may affect the agreed-upon reservation, THE CARRIER will make all reasonable efforts to inform the Passenger as soon as possible, pursuant to existing rules and regulations thereon, if applicable.
THE CARRIER undertakes to provide the competent authorities with information about the passenger, based on the reservation, in order to prevent or contain acts of illegal interference, as well as to facilitate the migration, customs, health and agricultural and livestock control processes, among others, performed by the applicable authorities. All of the foregoing shall be carried out in accordance with the CARRIER Privacy Policy.
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
In the case of an extended tarmac delay occurring at a U.S airport on a flight operated by a codeshare partner of THE CARRIER, the contingency plan for lengthy tarmac delays of the operating carrier will apply.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
Download the PDF version of the Contract of Carriage of Taca International Airlines S.A.
Transportation of Passengers and Baggage provided by TACA International Airlines, S.A., are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV operated by TACA or TA appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Reservations are personal and non-transferable. It is prohibited to make reservations using fictitious names.A reservation must contain at least the following information:
When, through its business rules and system configuration, THE CARRIER discovers that a person has reserved Legs that cannot be flown simultaneously, it will automatically cancel duplicate reservations.
Reservations can be processed as follows:
A reservation can be canceled for the following reasons:
A reservation may be modified for the following reasons:
The ticket can be paid for using the means that THE CARRIER provides for, either directly or through its authorized agent.
The Passenger must furnish THE CARRIER with true information regarding his/her personal data in order for THE CARRIER to book a reservation on behalf of the passenger and provide the contracted carriage service.
THE CARRIER will process the information, including gathering, storing, using, circulating,, transmitting and/or transferring the data furnished by the Passenger, for the proper performance of the activities related to the acquired carriage service, such as preparing the reservation; applying modifications, cancellations, and changes in the itinerary; processing refunds; handling queries, complaints and claims; updating accounting records, purchasing tickets or additional products, handling processes in which third-party providers, representatives or agents of THE CARRIER may be involved and which may occur in countries other than the place where the reservation is made; and for any other purpose accepted by the Passenger under the terms of THE CARRIER’s Privacy Policy.
The information that the Passenger furnishes will remain stored for a period of ten (10) years as of the date on which the data was furnished, to enable THE CARRIER to meet its legal obligations, particularly those regarding accounting, fiscal, and tax matters.
THE CARRIER ensures the security and confidentiality of the data that the Passenger furnishes, pursuant to its Privacy Policy.
THE CARRIER’s Privacy Policy is available for viewing at www.avianca.com.
If some change in operations occurs regarding the flight, departure time, a change of aircraft or in general any aspect that may affect the agreed-upon reservation, THE CARRIER will make all reasonable efforts to inform the Passenger as soon as possible, pursuant to existing rules and regulations thereon, if applicable.
THE CARRIER undertakes to provide the competent authorities with information about the passenger, based on the reservation, in order to prevent or contain acts of illegal interference, as well as to facilitate the migration, customs, health and agricultural and livestock control processes, among others, performed by the applicable authorities. All of the foregoing shall be carried out in accordance with the CARRIER Privacy Policy.
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
In the case of an extended tarmac delay occurring at a U.S airport on a flight operated by a codeshare partner of THE CARRIER, the contingency plan for lengthy tarmac delays of the operating carrier will apply.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
Download the PDF version of the Contract of Carriage of Líneas Aéreas Costarricenses, S.A.
Transportation of Passengers and Baggage provided by Líneas Aéreas Costarricenses, S.A., are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV operated by TACA or TA appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Reservations are personal and non-transferable. It is prohibited to make reservations using fictitious names.A reservation must contain at least the following information:
When, through its business rules and system configuration, THE CARRIER discovers that a person has reserved Legs that cannot be flown simultaneously, it will automatically cancel duplicate reservations.
Reservations can be processed as follows:
A reservation can be canceled for the following reasons:
A reservation may be modified for the following reasons:
The ticket can be paid for using the means that THE CARRIER provides for, either directly or through its authorized agent.
The Passenger must furnish THE CARRIER with true information regarding his/her personal data in order for THE CARRIER to book a reservation on behalf of the passenger and provide the contracted carriage service.
THE CARRIER will process the information, including gathering, storing, using, circulating,, transmitting and/or transferring the data furnished by the Passenger, for the proper performance of the activities related to the acquired carriage service, such as preparing the reservation; applying modifications, cancellations, and changes in the itinerary; processing refunds; handling queries, complaints and claims; updating accounting records, purchasing tickets or additional products, handling processes in which third-party providers, representatives or agents of THE CARRIER may be involved and which may occur in countries other than the place where the reservation is made; and for any other purpose accepted by the Passenger under the terms of THE CARRIER’s Privacy Policy.
The information that the Passenger furnishes will remain stored for a period of ten (10) years as of the date on which the data was furnished, to enable THE CARRIER to meet its legal obligations, particularly those regarding accounting, fiscal, and tax matters.
THE CARRIER ensures the security and confidentiality of the data that the Passenger furnishes, pursuant to its Privacy Policy.
THE CARRIER’s Privacy Policy is available for viewing at www.avianca.com.
If some change in operations occurs regarding the flight, departure time, a change of aircraft or in general any aspect that may affect the agreed-upon reservation, THE CARRIER will make all reasonable efforts to inform the Passenger as soon as possible, pursuant to existing rules and regulations thereon, if applicable.
THE CARRIER undertakes to provide the competent authorities with information about the passenger, based on the reservation, in order to prevent or contain acts of illegal interference, as well as to facilitate the migration, customs, health and agricultural and livestock control processes, among others, performed by the applicable authorities. All of the foregoing shall be carried out in accordance with the CARRIER Privacy Policy.
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
In the case of an extended tarmac delay occurring at a U.S airport on a flight operated by a codeshare partner of THE CARRIER, the contingency plan for lengthy tarmac delays of the operating carrier will apply.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
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Transportation of Passengers and Baggage provided by Trans American Airlines, S.A. and Carriers doing business as AVIANCA, are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation , the Passenger agrees to be bound thereby.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV operated by TRANS AMERICAN or TA appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Reservations are personal and non-transferable. It is prohibited to make reservations using fictitious names.A reservation must contain at least the following information:
When, through its business rules and system configuration, THE CARRIER discovers that a person has reserved Legs that cannot be flown simultaneously, it will automatically cancel duplicate reservations.
Reservations can be processed as follows:
A reservation can be canceled for the following reasons:
A reservation may be modified for the following reasons:
The ticket can be paid for using the means that THE CARRIER provides for, either directly or through its authorized agent.
The Passenger must furnish THE CARRIER with true information regarding his/her personal data in order for THE CARRIER to book a reservation on behalf of the passenger and provide the contracted carriage service.
THE CARRIER will process the information, including gathering, storing, using, circulating,, transmitting and/or transferring the data furnished by the Passenger, for the proper performance of the activities related to the acquired carriage service, such as preparing the reservation; applying modifications, cancellations, and changes in the itinerary; processing refunds; handling queries, complaints and claims; updating accounting records, purchasing tickets or additional products, handling processes in which third-party providers, representatives or agents of THE CARRIER may be involved and which may occur in countries other than the place where the reservation is made; and for any other purpose accepted by the Passenger under the terms of THE CARRIER’s Privacy Policy.
The information that the Passenger furnishes will remain stored for a period of ten (10) years as of the date on which the data was furnished, to enable THE CARRIER to meet its legal obligations, particularly those regarding accounting, fiscal, and tax matters.
THE CARRIER ensures the security and confidentiality of the data that the Passenger furnishes, pursuant to its Privacy Policy.
THE CARRIER’s Privacy Policy is available for viewing at www.avianca.com.
If some change in operations occurs regarding the flight, departure time, a change of aircraft or in general any aspect that may affect the agreed-upon reservation, THE CARRIER will make all reasonable efforts to inform the Passenger as soon as possible, pursuant to existing rules and regulations thereon, if applicable.
THE CARRIER undertakes to provide the competent authorities with information about the passenger, based on the reservation, in order to prevent or contain acts of illegal interference, as well as to facilitate the migration, customs, health and agricultural and livestock control processes, among others, performed by the applicable authorities. All of the foregoing shall be carried out in accordance with the CARRIER Privacy Policy.
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Twelfth Chapter - Canceled flights, delayed flights and operational changes.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
Download the PDF version of the Contract of Carriage of Aviateca, S.A.
Transportation of Passengers and Baggage provided by Aviateca, S.A. are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV operated by AVIATECA or GU appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
In the case of an extended tarmac delay occurring at a U.S airport on a flight operated by a codeshare partner of THE CARRIER, the contingency plan for lengthy tarmac delays of the operating carrier will apply.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
Download the PDF version of the Contract of Carriage of Isleña de Inversiones S.A. de C.V.
Transportation of Passengers and Baggage provided by Isleña de Inversiones S.A. de C.V. are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
First Chapter - Definitions.
Any other international instrument or treaty applicable to THE CARRIER’s services.
The Conditions included herein shall apply to any flights or flight segments in which the name: “AVIANCA” or the designator code AV operated by ISLEÑA or WC appear on the airline information box in the respective Boarding Pass.
These Carriage Conditions are applicable unless they go against the National Constitution, the Conventions, and the laws or regulations of the countries where they apply. If a provision herein loses its validity, the remaining provisions will continue to be valid.
For any or all of the services, the CARRIER has entered into Single Code, Codeshare, Freight or Chartering Agreements with other airlines, carriers or individual entities, meaning that even when a Passenger has been issued a ticket with the AIR CARRIER’s designator code, or under its name, the CARRIER operating the flight may be different. In this case, in keeping with the foregoing section, the present General Conditions of Transportation shall apply without prejudice of any provisions laid down in the Agreements or applicable laws relating to this particular case.
When THE CARRIER undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), THE CARRIER will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.
Carriers devoted to national and international civil aviation may develop and implement actions and procedures aimed at preventing acts that breach national and international laws and regulations and at preventing acts of illegal interference. This Contract of Carriage is subject to the laws, regulations, norms and security directives imposed by government agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil disturbances or terrorist activities. In the event of a conflict between the provisions contained herein and government laws, regulations, rules, and applicable security directives, the latter will prevail.
These procedures govern Inspection, the security of the aircraft and of the facilities, knowledge of and reporting of acts of illegal interference, planning and training for contingencies and emergencies at all of the points served by THE CARRIER.
3.2.1.1. All Checked Baggage may be inspected using any type of device or medium, in the presence or in the absence of the Passenger, and with or without his/her knowledge or consent, in order to prevent acts of illegal interference or some damage to the aircraft, to the Passengers, and to third parties. This control can be made by the Authorities of the corresponding country. Each Passenger is responsible to THE CARRIER and to the competent authorities for the contents of his/her Baggage.
3.2.1.2. Neither THE CARRIER nor any of its employees or agents will be held liable for any damage, destruction, loss, delay, refusal to transport, or confiscation of property, resulting from security inspections or from the Passenger’s refusal or failure to comply with security requirements.
3.2.1.3. The Passenger must abstain from placing in his/her Checked Baggage elements that can be affected by x-ray or inspection machines.
3.2.2.1. All Carry-on Baggage is subject to a security check, under the same conditions set forth for Checked Baggage in the above articles herein.
3.2.2.2. In addition, all Baggage must meet the standards and follow the procedures set forth in CHAPTER 8 - Baggage herein.
THE CARRIER may inspect or search the Passenger for security purposes, using any medium designed for such purposes.
Passenger Identification
Passengers must properly identify themselves, at check-in and when boarding, by presenting a valid identification document that will be verified according to the requirements of the competent Authority and that must match the name on the Ticket.
Passengers are responsible for presenting the travel documents and identification documents required by the laws of the different countries through which, from which or to which they are going to be transported or those included in the legs of their trip. THE CARRIER may effectively refuse to transport the Passenger, without any liability, when he/she does not fully identify himself/herself or when he/she is not carrying all of the documents and visas needed for the trip. Photocopies of required documents will not be accepted; only original documents in good condition and valid will be accepted. For all effects and purposes, the provisions set forth in CHAPTER IX -Administrative Formalities must be taken into account.
THE CARRIER shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
THE CARRIER, for flights to and from the United States, will not refuse to provide transportation to an Individual with a Disability, based upon his or her disability, except in the following circumstances:
Reservations are personal and non-transferable. It is prohibited to make reservations using fictitious names.A reservation must contain at least the following information:
When, through its business rules and system configuration, THE CARRIER discovers that a person has reserved Legs that cannot be flown simultaneously, it will automatically cancel duplicate reservations.
Reservations can be processed as follows:
A reservation can be canceled for the following reasons:
A reservation may be modified for the following reasons:
The ticket can be paid for using the means that THE CARRIER provides for, either directly or through its authorized agent.
The Passenger must furnish THE CARRIER with true information regarding his/her personal data in order for THE CARRIER to book a reservation on behalf of the passenger and provide the contracted carriage service.
THE CARRIER will process the information, including gathering, storing, using, circulating,, transmitting and/or transferring the data furnished by the Passenger, for the proper performance of the activities related to the acquired carriage service, such as preparing the reservation; applying modifications, cancellations, and changes in the itinerary; processing refunds; handling queries, complaints and claims; updating accounting records, purchasing tickets or additional products, handling processes in which third-party providers, representatives or agents of THE CARRIER may be involved and which may occur in countries other than the place where the reservation is made; and for any other purpose accepted by the Passenger under the terms of THE CARRIER’s Privacy Policy.
The information that the Passenger furnishes will remain stored for a period of ten (10) years as of the date on which the data was furnished, to enable THE CARRIER to meet its legal obligations, particularly those regarding accounting, fiscal, and tax matters.
THE CARRIER ensures the security and confidentiality of the data that the Passenger furnishes, pursuant to its Privacy Policy.
THE CARRIER’s Privacy Policy is available for viewing at www.avianca.com.
If some change in operations occurs regarding the flight, departure time, a change of aircraft or in general any aspect that may affect the agreed-upon reservation, THE CARRIER will make all reasonable efforts to inform the Passenger as soon as possible, pursuant to existing rules and regulations thereon, if applicable.
THE CARRIER undertakes to provide the competent authorities with information about the passenger, based on the reservation, in order to prevent or contain acts of illegal interference, as well as to facilitate the migration, customs, health and agricultural and livestock control processes, among others, performed by the applicable authorities. All of the foregoing shall be carried out in accordance with the CARRIER Privacy Policy.
Special services are services that THE CARRIER offers Passengers according to their individual needs or requirements.
The Passenger must inform THE CARRIER of his/her requirements or needs at least twenty-four (24) hours before the trip or when booking the reservation, except for an Individual with a Disability, in which case the advance notification requirements do not apply. EXCEPTION: For flights to and from the United States, Passengers with a Disability must provide THE CARRIER with at least 48 hours advance notice and check-in for their flight at least one hour prior to the check-in time for the general public in the following cases:
Notwithstanding anything in this Article 5.2.1 to the contrary, THE CARRIER will undertake reasonable efforts to facilitate the Passenger’s transportation in the absence of receiving advance notice of the requested accommodation.
5.3.1.1. For all air transportation service purposes, a minor is an individual who has not had his/her twelfth (12th) birthday on the date of the flight.
5.3.1.2. An adult may, under his/her charge, be responsible for maximum two (2) infants under two (2) years of age, in which case the second infant must travel in a baby seat and the corresponding fare must be paid. The passenger will furnish the baby seats because THE CARRIER does not provide them; the baby seats must be used in unoccupied seats in the aircraft; they cannot be used in emergency exit rows and the seatbelt of the aircraft seat must remain fastened on top of the baby seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.3. Any child who cannot sit up in a seat with the seatbelt fastened and who is not seated as an infant on the adult Passenger’s lap must be transported in a baby/child seat approved for air carriage. Such seats must be used in unoccupied aircraft seats; they cannot be placed on an adult’s lap nor can they be used in emergency exit rows. And they must remain properly fastened to the aircraft seat during the whole flight. A baby seat will be assigned to a seating location so as not to obstruct other passengers’ exit.
5.3.1.4. For flight safety purposes, minors and the adults who accompany them must not be seated in emergency exit rows.
This service is defined as the transport of a minor who at the time of the trip is five (5) years or over and has not yet reached age of twelve (12) years and is traveling under the custody of an officer of THE CARRIER. The service is optional for minors between twelve (12) and seventeen (17) years, except for domestic flights in Ecuador.
The responsible adult must inform THE CARRIER of the unaccompanied minor’s requirements or needs at least twenty-four (24) hours before the trip and must also inform that the minor is in good health to make the flight. THE CARRIER reserves the right to establish a maximum number of unaccompanied minors to be transported per flight.
5.3.2.1. Minors under five (5) years of age cannot travel without being accompanied by a responsible adult.
5.3.3.1. The accompaniment service starts at the check-in counter and includes accompanying the minor through security checks and emigration processes and continues through the boarding gate, and placing the minor inside the aircraft. The accompaniment service does not include any additional or special services during the flight, except for attending the minor to ensure his/her integrity and security, which does not imply that the minor will be accompanied by an agent or a crew member during the whole flight. Upon arrival at final destination, the minor is accompanied by a service agent in the deplaning, through immigration and customs processes, and remains with the minor until the minor is delivered to the responsible adult. Unaccompanied minors cannot transport pets either as Checked Baggage or in the passenger cabin unless the minor so requires due to some special condition.
5.3.3.2. NIt is prohibited for a child less than twelve (12) years of age to be solely accompanied by a person less than eighteen (18) years of age, unless the latter can prove that he/she is the child's father or mother.
5.3.3.3. An adult must accompany the unaccompanied minor to the airport at the city of origin, must conduct the necessary boarding formalities for the unaccompanied minor, and must wait until the airplane takes off, before he/she leaves the airport.
5.3.3.4. The adult who accompanies the minor to the airport of departure must fully complete the documentation for unaccompanied minors and must clearly explain the data for the person who will receive the minor at the point of destination, including address and telephone number. The adult must further accept the carriage conditions specified in the form.
5.3.3.5. An adult must take charge of the minor at the airport of destination at the scheduled time of arrival of the flight, identifying himself/herself as the person entitled to receive the minor when the plane lands and the unaccompanied minor deplanes. If the flight is delayed for whatever reason, the adult responsible for receiving the unaccompanied minor will wait at the airport where the minor is due to arrive.
5.3.3.6. For Unaccompanied Minors who plan to travel in flights operated by THE CARRIER that make connections to or from flights operated by a different carrier, including other carriers with which THE CARRIER has signed Codeshare Agreements, it will be necessary for the adult in charge of the minor to first consult the other carriers’ policies on transporting Unaccompanied Minors. THE CARRIER will not be held liable for exclusions or conditions imposed by the other carriers regarding transporting Unaccompanied Minors, nor will it be held liable for the consequences thereof.
5.3.3.7. Unaccompanied minors can travel in direct flights and in connecting flights operated by THE CARRIER, provided that there are no overnight stays and/or more than two connections.
5.3.3.8. THE CARRIER will only charge the unaccompanied minor service when the flight is effectively operated by THE CARRIER.
5.3.3.9. THE CARRIER may request documentation for proof of the minor's age.
Taking into account that a trip in an aircraft may affect a Passenger’s health, in particular when he/she is ill, in order for such an individual to be transported, he/she must consult THE CARRIER’S procedures thereon, pursuant to effective laws and regulations.
In general, there are determined conditions or illnesses that require an authorization from the treating physician, to guarantee that the patient’s health will not be affected during the flight.
This policy is presented as a guideline but it is not all inclusive. THE CARRIER recommends that passengers who are ill consult THE CARRIER for its procedure and requirements, before the trip and when making his/her reservation, for the carriage service to be provided.
In general, after the Passenger has consulted THE CARRIER, identified the requirements that it has, and complied with them, the Passenger must present himself/herself at the check-in counter on the day of his/her trip, according to the conditions of his/her ticket. If there is a discrepancy between THE CARRIER’s criterion and the Passenger´s criterion or the criterion of his/her treating physician regarding his/her ability to travel safely, THE CARRIER may deny boarding to the Passenger, provided however that for flights to and from the United States and notwithstanding anything in this Article 5.4.1 to the contrary, THE CARRIER will comply with the requirements of 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
THE CARRIER has a policy for accommodating Passengers with a Disability, pursuant to effective rules and regulations, including, without limitation, 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel. The policy is available on our webpage and at the carrier’s sales points, for information and consultation.
Pregnant women must inform THE CARRIER of their condition event if it is not noticeable and of the number of weeks of pregnancy.
As a general rule, carriage of pregnant women in good health is authorized, unless they are bound to comply with special requirements, aimed at preserving the integrity of the expectant mother and her yet-to-be-born baby, in accordance with any provisions set forth in the regulation that might be applicable to the trip. In any case, the passenger shall undertake to become aware of the requisites required for the trip, as well as to obtain the said requisites and present them at the check-in counters for each flight.
In case there is no regulation applicable to the trip, pregnant women shall not travel on any flights after the thirtieth (30th) week of pregnancy, unless the trip is strictly necessary. If so, the pregnant passenger shall sign and submit to THE CARRIER a document supported by a medical certificate, which shall specify the passenger is suited for air travelling, discharging the air company from any liability that may arise out from any pregnancy-related event that may occur during the flight.
The said medical certificate shall take into account the route and duration of the flight and shall be issued within ten (10) days preceding the flight date.
Pregnant passengers cannot be seated in emergency exit rows.
Notwithstanding the provisions set forth above, THE CARRIER reserves the right to refuse carriage of pregnant women when, at its own criteria, the pregnant traveler is not in suitable conditions to travel.
The carriage of infants less than ten (10) days of age requires a Medical Certificate authorizing the trip and requires the infant’s birth certificate. THE CARRIER may refuse to transport infants less than ten (10) days of age. THE CARRIER may request proof of the infant’s age.
The carriage of any type of living animal is a service solely provided on some routes and on some aircraft. Due to the above, when booking the reservation, the passenger must consult to verify whether this service is provided on his/her flight or not and what the service provision conditions involve.
The provisions of this Article 5.7.1 do not apply to Service Animals or Emotional Support Animals, which are addressed under Article 5.7.2. For all other animals, THE CARRIER will only consider transporting pets that are dogs, cats, and, on domestic flights in Colombia, small birds in the passenger cabin; other pets will not be accepted as Checked Baggage or as Carry-on Baggage.
Likewise, the pet must be duly inspected. The effective term of the Health Inspection Certificate depends on the Authority in each country.
Domestic animals (dogs, cats and small birds) are permitted as hand baggage when travelling with their owners in hard-sided kennels or soft bags as long as they can be fitted under the passenger’s seat. Birds are not permitted in international flights and domestic flights in Peru and Ecuador.
Pets are prohibited in the Passenger cabin on trans-oceanic flights. Please consult THE CARRIER’S contact points for further information on conditions and on reserving the service.
Pets must be carried in special pet carriers, cages or containers that allow the pet to breathe properly inside. Only one (1) pet is allowed per Passenger and only one (1) pet is allowed in each carrying case, cage or container. Pets that are nervous or aggressive and pets whose appearance, odor or illness can cause inconveniences to other Passengers and to the flight crew are not allowed to travel in the passenger cabin; they may be transported in the cargo area. All costs for such change will be borne by the Passenger. Once on board, the pet carrier or cage must be placed under the seat in front of the Passenger who owns the pet. The pet must remain inside the pet carrier or cage during the whole trip. When booking the reservation, the Passenger must clearly inform that he/she will be traveling with a pet in the passenger cabin. This service is subject to space availability because the number of pets per flight is limited. The number of pets allowed in the passenger cabin may vary according to the type of aircraft and the route; therefore, consult THE CARRIER to obtain information on the specific aircraft in which you will travel.
Only pets that can remain inside pet carriers or containers can be transported in the passenger cabin. The Passenger can acquire the pet carriers that THE CARRIER offers for sale or he/she may furnish one bearing in mind that it must meet the conditions of being leak-proof, having adequate ventilation, and having the proper measurements to fit under the seat in front of the Passenger; therefore, pets that cannot be accommodated in special cases or containers for traveling in the passenger cabin must travel in a pet carrier or container in the cargo area. If, holding up the animal by its front legs, it measures more than 35 cm. the pet must wear a muzzle; that does not apply if the pet will be traveling in a metal container. Nor does it apply to guide dogs and emotional support animals.
Some Individuals with a Disability use animals that help them in their daily activities. Among the animals in those categories, THE CARRIER only accepts dogs.
These are dogs trained to perform certain duties for an Individual with a Disability.
Acceptable evidence for a dog to be considered and accepted as a service dog can be any of the following:
These are dogs used by individuals who need emotional or mental support; the dogs may be trained to perform certain duties or not; however, they must be trained to behave properly in public.
In the case of Emotional Support Dogs, THE CARRIER will require documentation no more than one (1) year old, certifying that the individual requires the dog as emotional support. The documentation must be on letterhead stationery and signed by a mental health professional or by the treating physician and it must certify that:
Service Dogs and Emotional Support Dogs. Service dogs and emotional support dogs are allowed in the passenger cabin without being limited to a pet carrier, provided that their owner controls the animal at all times. They will not be counted as carriage of living animals.
For any flight segment scheduled to take 8 hours or more, THE CARRIER may require the passenger using the Service Dog or Emotional Support Dog to provide documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight. Additionally, the Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Dog or Emotional Support Dog, including the interaction of the Service Dog or Emotional Support Dog with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported.
Whenever the carriage of search and rescue dogs is allowed for certain routes, such dogs can travel in the passenger cabin, at the feet of their duly uniformed guide, provided that the animals can be distinguished by the breastplates they wear, identified by a microchip, certified, and carry their identification. The dogs must wear a double collar and leash.
Pursuant to international laws and regulations, Non-admitted Passengers are non-nationals who arrive at the destination airport and are denied entry by the competent Authority in the destination country due to problems with their documentation or simply because their entry is not accepted. When the Passenger has a round-trip ticket, it will be used for the Passenger to go back to the point of origin. If the Passenger’s ticket does not cover the return route, he/she must use his/her remaining coupons as partial payment of the new ticket or must be issued a completely new ticket. The Passenger is responsible for paying the value of the new travel ticket. The fare that the Passenger is charged to cover his/her transportation to the point where he/she was not admitted will not be refunded to the Passenger unless so required pursuant to such country’s laws. THE CARRIER will not be held liable for expenses for food, transportation, hotel, security services, etc... . The migration Authorities in the corresponding country will bear the cost of custody of the Non-admitted Passengers.
A Prisoner is an individual who has been deprived of his/her liberty by a competent Authority. Competent Authorities must communicate their requirements or needs to THE CARRIER when booking the reservation or minimum twenty-four (24) hours before the trip. The limit for the number of prisoners transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. THE CARRIER can refuse to transport prisoners or limit or condition their carriage.
A Deported Passenger is an individual who either has been legally admitted into a country by its Authorities or who has entered illegally and for whom the competent Authorities of that country later formally order his/her deportation back to his/her country of origin (based on nationality), on migration, political, criminal or judicial grounds. The limit for the number of Deported Passengers transported on a flight will be determined by the Aircraft commander, so as to ensure flight safety. The laws and regulations mentioned above regarding Tickets for Non-admitted Passengers also apply to Deported Passengers.
THE CARRIER will solely transport the Passenger whose name appears on the Ticket and the Passenger must carry proper identification.
The air carriage Ticket is non-transferable and non-endorsable. The Passenger will not be transported if he/she does not present a valid Ticket containing the Flight Coupon for the corresponding Leg and the rest of the unused Flight Coupons in the trip sequence. In addition, there are cases in which, even if physical Tickets are issued to the Passenger, he/she will not be transported if the Ticket presented is mutilated or has been altered. THE CARRIER will retain and/or void the accounting forms in cases in which the Passenger does not satisfactorily identify himself/herself or does not have a valid accounting form such as a Ticket, a Multiple Purpose Document (MPD), a Miscellaneous Charges Order (MCO) for the corresponding Leg.
For situations with e-tickets, the Passenger will not be transported unless he/she satisfactorily identifies himself/herself and an e-ticket has been issued in his/her name for the respective Leg. If the Passenger should request changes in the reservation after the Ticket is issued, THE CARRIER may charge the Passenger a service charge in addition to the Ticket price, if applicable, and the Passenger must also pay the corresponding penalty if so established in the Ticket fare. The customer must bear the cost of any differences generated from taxes and levies, due to changing the reservation.
If a Ticket or part of a Ticket or the redemption coupon or an MPD or an MCO is lost or when a Ticket that does not contain the unused Flight Coupons is presented, upon request by the Passenger, THE CARRIER will totally or partially refund or replace it by issuing a new Ticket. That will be done provided that (i) there is proof that a valid Ticket was issued for the corresponding flights, (ii) fare conditions so permit; (iii) service charges, if any, are paid, and (iv) the lost Ticket has not been used and the Passenger signs an agreement indemnifying THE CARRIER in the event of undue use of the Ticket. Otherwise, THE CARRIER can demand payment of the full value of the required Ticket.
6.2.1.1. A Ticket will be valid for one (1) year as of its date of issuance, unless the applicable fare provides for a different validity period.
6.2.1.2. A Ticket cannot be used for traveling purposes if its validity period expires before the Passenger starts the trip or will expire before he/she completes it. In such an event, the Ticket can be reissued or refunded once according to the conditions of the acquired fare and pursuant to THE CARRIER’S rules and regulations, procedures, and policies.
6.2.1.3. A Ticket is valid for traveling on the date, on the flight and in the service class booked in the reservation once the fare is paid. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the required flight.
6.2.1.4. If, after having commenced the trip, the Passenger cannot continue it during the Ticket Validity Period due to illness, THE CARRIER at its discretion will extend the Ticket Validity Period for a maximum validity period equal to the one for the initial Ticket. The Illness and the period of disability must be supported by a Medical Certificate. If the Passenger has a pre-existing illness, it cannot be alleged as grounds for extending the Ticket Validity Period. The reservation and the use that the Passenger makes of the Ticket must be in the service class for which the Passenger has paid.
6.2.1.5. If all of the coupons in a Ticket have not been used in their proper order of issuance, the Ticket will not be accepted and it will lose all validity. If the Passenger does not use the coupons in sequential order, the Passenger will not be allowed to use the unused Legs or request Refunds for them unless he/she can prove that the error was made by THE CARRIER or by one of its agents and not by him/her.
6.2.1.6. A Ticket is not valid if the Flight Coupon corresponding to a segment has not been used and if the Passenger starts the trip in a Stopover or in an intermediate stop; in such a case THE CARRIER can reject the Ticket. If the Passenger wishes to use his/her Ticket on a route other than the one specified in the Ticket, it must be reissued and THE CARRIER can charge the difference between the fare in the original ticket and the fare in the new ticket. In addition, THE CARRIER may charge a penalty or administrative fee for that service.
6.2.1.7. Each Flight Coupon is valid for carriage in the service class specified on the Flight Coupon being used, on the date and for the flight stated in the reservation. All reservations must be booked based on the conditions of the corresponding fare and will be subject to seat availability on the requested flight at the time the reservation is made and recorded on the Ticket.
6.3.1. Refunds can be made either totally or partially on unused fares, additional charges, and taxes in a Ticket or MCO, based on fare conditions.
6.3.1.1. Partial Refunds. Partial Refunds will be made by deducting the value of the used Legs based on the applicable fare on the date of the flight when the Passenger purchases a Ticket at a fare that can only be sold for round trips. If the fare does not require round trip sales, then solely the value used of the acquired fare will be deducted.
6.3.1.2. Taxes. Pursuant to applicable law, THE CARRIER will reimburse the taxes and levies that have not been transferred to the corresponding tax collection authority. In the event that they have been transferred, the Passenger must directly request reimbursement from the corresponding agency and THE CARRIER will not be held liable for such formality.
6.3.2.1. Involuntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO due to the non-use of one or more services due to causes attributable to THE CARRIER, such as: flight cancelation, change in itinerary, loss of a connecting flight, on legal grounds or for security reasons, duplicate Ticket or tax charges, a greater value charged or delays.
6.3.2.2. Voluntary Refund. This is a total or partial devolution of the value paid for the Ticket or MCO upon request by the Passenger for reasons not attributable to THE CARRIER, such as, among others, the Passenger’s condition or behavior, subject to fare conditions.
6.3.2.3. Refunds due to Illness or Death. THE CARRIER can make a Refund in certain cases in respect of the illness or death of the Ticket holder, his/her traveling companion or relatives, including parents (including adoptive parents), children (including adopted children), brothers and sisters, grandparents, grandchildren, and his/her spouse or unmarried life partners, provided that the traveler has the same itinerary as the affected individual. The Passenger or a close relative must make the request to THE CARRIER before the Ticket validity expiration date; to do so, he/she must present the required documentation according to THE CARRIER’S policies. THE CARRIER will refund the applicable amount in the original method of payment.
THE CARRIER will make the Refund to the individual who paid for the Ticket. In the event that such individual cannot be determined, THE CARRIER will make the refund to the person whose name appears on the document (Ticket, MPD or MCO).
In the following situations, the person to receive the Refund may be changed: death or illness of the original payee, travelers deprived of their liberty (upon authorization by the competent Authorities), minors, and Tickets purchased under a corporate agreement.
THE CARRIER will apply service charges and penalties on account of the Refund based on the applicable fare rules for the Ticket to be refunded.
Los Reembolsos se pueden realizar en la moneda permitida en el país correspondiente y aplicando las conversiones de tipo de cambio establecidas en las reglas de la industria, cuando las mismas resulten aplicables.
Charges generated by virtue of Ticket issuance will be adjusted pursuant to the laws and regulations of each country. THE CARRIER will determine what charges are to be returned, in accordance with such laws and regulations.
The airline that issued the Ticket will determine what taxes are to be directly returned to the Passenger, taking into account, to do so, the conditions regarding taxation stipulated for each type of tax in each country.
In some cases, if it is willing to do so and according to its policies, THE CARRIER can exceptionally grant the Passenger the right to make a Stopover at the Connection point, not included in his/her Contract of Carriage; to do so, an addendum to the Contract of Carriage will be signed, provided that the following conditions are met:
THE CARRIER will refund government-imposed taxes, fees or charges only where required by law or where such taxes, fees or charges were collected in error and the Passenger submits evidence of exemption from the tax, fee or charge to THE CARRIER in connection with a timely refund request. No request for a refund of such taxes, fees, or charges will be processed unless a request for the refund is received by THE CARRIER on the written or electronic forms provided by THE CARRIER within the time limits specified in this Contract of Carriage.
Fares vary as determined by THE CARRIER. Fares are effective on the Ticket issuance date. If the Passenger changes his or her itinerary, the fare and its conditions may vary. Fares are payable in the currency and at the exchange rates stipulated by THE CARRIER.
Taxes and levies are charges that are additional to the applicable fare. THE CARRIER collects them on behalf of the government Authorities who establish them, by including them in the air carriage Ticket under a heading for that purpose. Such charges are not part of the fare. Taxes may be a set value or a percentage of the fare. The Passenger must pay such taxes, levies, and other similar charges in addition to the fare. Taxes and levies vary depending on each country’s regulations.
Surcharges are charges imposed by carriers and/or governments/airport Authorities. The most usual surcharges are for fuel and for security. The Passenger is bound to pay them.
Baggage must be transported on the same flight on which its owner travels, to the extent possible. The Passenger must tender all Baggage to THE CARRIER in a timely manner at THE CARRIER’s check-in counter at the airport.
The conditions that THE CARRIER has established for Baggage acceptance are listed below.
THE CARRIER may restrict the acceptance of All Baggage having one or more of the characteristics described below:
Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
Free baggage allowance is the allowance offered at the time of purchase and included in the airline ticket price. Baggage allowance is also published at Baggage policy.
THE CARRIER may, at its own discretion, modify, reconsider, and make exceptions to its Free Baggage Allowance policy. Therefore, as this policy can be changed over time, we request that you reconfirm baggage allowance for your selected route directly with THE CARRIER when making your reservation. Nevertheless, Passengers who purchased their airline ticket before any modification to the Free Baggage Allowance Policy have the right to abide by the baggage allowance terms applicable at the time of purchase.
Please check charges applied to excess baggage, overweight baggage, extra baggage, and/or oversized baggage directly with THE CARRIER or at Baggage policy.
The Free Baggage Allowance and Excess Baggage service charges for itineraries that include segments operated by an airline other than THE CARRIER, and excepting provisions in special laws and regulations applicable to certain cases, will be those of the most significant carrier. In such cases, the rules below will apply:
If the above conditions are not met, the policy of the carrier that first crosses an international border will apply.
Exceptions:
THE CARRIER allows the Passenger to take on board the aircraft, either in the tourist class passenger cabin or in the business class passenger cabin, one (1) carry-on bag the weight and dimensions of which are set by THE CARRIER based on its Free Baggage Allowance policy that the Passenger must consult directly with THE CARRIER’s sales channels.
The Passenger will find the Baggage measuring devices at THE CARRIER’s customer service counters THE CARRIER recommends that the Passenger verify the current regulations regarding the dimensions of his/her Carry-on Baggage. In addition, each Passenger may carry in the cabin under his/her custody, without any additional cost, some of the following articles:
The above articles may be transported in the passenger cabin, consistent with government requirements concerning security, safety and hazardous materials with respect to the stowage of carry-on items. According to the provisions of competent Authorities, all Carry-on Baggage must be able to fit in the overhead baggage compartments or under the seat in front of the Passenger. Large Carry-on Baggage or irregularly shaped Carry-on Baggage that cannot fit in the overhead baggage compartments or under the seat in front of the Passenger will not be accepted in the cabin; it must be checked as Baggage for the cargo area. Occasionally, there may be additional restrictions regarding Carry-on Baggage, depending on the capacity of the passenger cabin overhead baggage compartments in certain aircraft. Such restrictions may be applied even after boarding begins. Therefore, THE CARRIER may remove some Carry-on Baggage from the passenger cabin and load it as Baggage in the cargo area. Duty-free purchases made at the departure airport are included in the Carry-on Baggage category.
For safety purposes, neither Checked Baggage nor Carry-on Baggage must contain hazardous articles, except for those expressly allowed. Hazardous articles include, but are not limited to, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with incorporated alarm systems. For protection purposes, other restrictions may apply; therefore, the Passenger must directly consult THE CARRIER.
Pursuant to International Civil Aviation Organization (ICAO) directives, airport Authorities in the different countries have adopted the provisions below regarding the inspection of liquids, gels, and aerosols transported in Carry-on Baggage in domestic and international flights:
Exceptions to the above restriction are medicines, liquids (including juice) or gels for diabetics or for other medical use. The Passenger must carry the corresponding doctor’s prescription for such articles. Baby bottles with milk, mother’s milk or juice, processed baby food or food for small children also traveling are exempt from the restriction. So are articles purchased in airport Duty-free stores or on board the aircraft, which are packed and sealed to prevent undue handling; satisfactory proof of purchase on the day of the trip from the mentioned airport stores or on board the aircraft must be presented. That applies to Passengers departing from an airport and to those who are In Transit in an airport.
In addition to the above-mentioned articles, the Passenger cannot take in his/her Carry-on Baggage fingernail polish, knives or other elements that can cut or puncture, such as hatchets, canes or parasols with metal tips, umbrellas, scissors, harpoons, sports weapons or tools that can be used as sharp or blunt weapons. Nor can the Passenger take toy guns or simulations of any kind, potentially hazardous objects such as bows and arrows, baseball bats, billy clubs, bludgeons, boxes with sharp points or sides, explosive capsules, boxes of matches or cigarette lighters, fishing poles, nail cutters with a knife or sharp or puncturing edge, ski poles, icepicks, shaving blades or shaving knives, screwdrivers, pointed metal elements, martial arts articles, fire extinguishers, whips, wrenches, pliers, gauntlets, clubs, chainsaws, golf or polo clubs, cattle prods, corkscrews, teargas or gases of any other kind, pool or billiard cues, drills, pipes, perfume in containers in the shape of a grenade or of another weapon, rope or any other kind of tool, liquids or gels in over 100 milliliter containers or equipment that can be potentially used as a weapon or any other article that THE CARRIER considers not suitable for carriage in the aircraft.
At its discretion, THE CARRIER can transport the above items exclusively in the aircraft cargo compartments as Checked Baggage, duly packed to avoid injury to the personnel in charge of Baggage handling and to ensure flight safety.
8.4.5.1. EValuables in Checked Baggage or in Carry-on Baggage
Items of Value in Checked Baggage or Carry-on Baggage. THE CARRIER agrees not transport the following items as Checked Baggage and they must be included in the Passenger’s Carry-on Baggage:
8.4.5.2. In the case of destruction or loss of, or of damage to, or delay in the delivery of, Carry-On Baggage, THE CARRIER is only liable for damages sustained as a result of THE CARRIER’s fault or that of its servants or agents.
8.4.5.3. THE CARRIER shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
Any Baggage that exceeds the Free Baggage Allowance is considered Excess Baggage and can solely be transported after paying an additional service charge therefor (including any applicable taxes). Overweight pieces, oversized pieces, and additional pieces may be transported subject to aircraft space availability. THE CARRIER will make its best effort so that the Baggage checked in with the label Conditional Baggage/Standby Bag arrives on the same flight as the Passenger. However, due to operational circumstances, such Baggage might not be transported on the same flight as the Passenger; in such an event it will be sent on the first next flight with available capacity maximum four (4) days after the date on which the Passenger arrives at final destination for a domestic flight or maximum eight (8) days thereafter for an international flight. In such an event, the Passenger must indicate what pieces he/she wishes to have priority loading.
Before the date of the trip, the Passenger must consult THE CARRIER for the current procedure for the carriage of firearms.
The Passenger is responsible for verifying the requirements and carrying the documentation that the Authorities in the points of origin, connection, and final destination require.
Please verify the necessary requirements for taking a firearm in the cargo compartment with the contacts for your city at any of THE CARRIER’s sales points or at the embassies or consulates in applicable countries.
8.4.8. Handling Electronic Equipment Allowed On Board
There are three categories of electronic devices their allowance on board the aircraft: Prohibited, Restricted, and Allowed, as set forth in Article 11.1 hereof. The Passenger must consult THE CARRIER before making use of any electronic equipment.
The following items are considered Special Baggage:
The above articles are allowed upon condition that Passenger has identified the articles to THE CARRIER at the time of check-in and the article has been packaged appropriately in accordance with Article 8.4.12. below. Additionally, such baggage is allowed upon condition that the passenger accepts and signs the Limited Liability label furnished by THE CARRIER, if permitted by applicable laws.
Musical instruments such as guitars, violins, drums, trumpets, etc. may be transported as Carry-on Baggage when contained in a hard-sided carrying case designed for such purposes. Solely musical instruments that can safely fit in the aircraft overhead baggage compartment will be included as Carry-on Baggage, for example: guitars, trumpets, violins, among others. They must comply with the policies stipulated for Carry-on Baggage.
Instruments in an Assigned Seat: Musical instruments such as trombones, bass violins and cellos may not be transported as Checked Baggage and may only be transported in the passenger cabin as cabin-seat baggage in a seat immediately adjacent to the Passenger, in which case the Passenger must purchase a Ticket for the instrument’s seat at the applicable adult fare. Additionally, musical instruments as cabin-seat baggage will only be accepted when contained in a hard-side carrying case designed for such purposes.
All other musical instruments, when offered as Checked Baggage, will be accepted only when contained in a hard-sided musical instrument case with appropriate internal protective cushioning to withstand ordinary handling. Under certain circumstances, musical instruments are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
Some sports articles may be transported as Checked Baggage. The Passenger must follow the procedures and policies established by THE CARRIER for such items.
Sports articles accepted as Checked Baggage must be duly packed and, under certain circumstances, are subject to an additional service cost that the Passenger must pay at check-in. To become familiar with the articles and items allowed on different routes and at the costs that apply to such carriage, if any, the Passenger may consult THE CARRIER’s web page and its other direct sales points.
The Passenger must identify all fragile or perishable articles contained in any Baggage tendered to THE CARRIER for carriage at the time of check-in. Such articles will be accepted as Checked Baggage only if so identified and packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item and/or packed with protective internal material). Except for flights to and from the United States or where the Convention applies, THE CARRIER reserves the right to require an Limited Liability tag from the Passenger, if permitted by the applicable law, as a condition to accepting such articles as Checked Baggage.
THE CARRIER reserves the right, as a condition of accepting Checked Baggage, to inspect and document any pre-existing damage to articles and note such pre-existing damage in the “Limited Liability” tags, when permitted under applicable laws.
Each Passenger must individually take All Baggage to THE CARRIER’s check-in counter in the airport and hand it over to a duly identified representative, in order for the Baggage to receive proper handling and be transported in the aircraft cargo area or approved as Carry-on Baggage. Group baggage can solely be received when it belongs to a family or to a group with some nexus among the members of the group, which is traveling in the same flight on the same date. Group Baggage does not apply to flights to and from Spain, where Baggage must be individual.
When the Passenger delivers to THE CARRIER a piece of Baggage in bad condition or that for whatever reason is not in suitable condition to be transported, a “Limited Liability” tag will be placed on it, and the Passenger will be informed that THE CARRIER will not be held liable for the condition of the piece of Baggage or for any Damage that may arise as a result thereof.
Baggage will solely be handed over to the person presenting the baggage claim tag corresponding to the baggage claim sticker adhered to each piece.
8.6.1.1. Each airport will keep a log of all unclaimed Baggage
8.6.1.2. Any piece of baggage not claimed by its owner or an authorized representative on his/her behalf (or over which the owner has not submitted a claim), upon fulfillment of the procedures required in the applicable legislation, for a period of six (6) months counted as of the ending of the flight in which the said baggage would had been checked and/or at the time it was found by the airline, shall be deemed to be abandoned, in which case, the AIR CARRIER shall make use of the said Baggage by way of donation to non-profit organizations, at its own criteria and without any liability for the AIR CARRIER.
THE CARRIER’s liability is subject to the provisions in the applicable international Convention and other applicable law.
The filing of a claim does not entitle the Passenger to immediate compensation. In the case of baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to THE CARRIER.
The acceptance of a claim does not represent any admission of legal liability by THE CARRIER before the corresponding investigation is conducted. If the Passenger has a claim, it will be analyzed and compensation will be made, if applicable, according to applicable regulations based on the route flown and under the liability limitations set forth in the applicable Convention or in other applicable laws.
In the case of damage, the person entitled to delivery must complain to the carrier immediately upon the discovery of the damage, and, at the latest within seven days from the date of receipt in the case of Checked Baggage. Notwithstanding anything herein to the contrary, THE CARRIER shall not be liable from damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
If the Baggage does not arrive on the same flight as the Passenger, the Passenger must so directly notify in THE CARRIER’s office before leaving the airport. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal. The complaint must be made at the latest within twenty-one (21) days from the date on which the baggage or cargo have been placed at his or her disposal.
9.1.1.1. If the Passenger is checking in for a domestic flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, one (1) hour before flight departure time. During high season or for passengers with special requirements, the Passenger should arrive to check in one hour and thirty minutes (1 hr. 30 min.) before flight departure time.
9.1.1.2. If the Passenger is checking in for an international flight, he/she must arrive at THE CARRIER’s check-in counter at the airport at the time stipulated by THE CARRIER or if THE CARRIER does not so stipulate, three (3) hours before flight departure time, to comply with security control, migration, and other procedures.
At any rate, the Passenger must arrive at the airport to check in at the time stipulated by THE CARRIER or its Authorized Agent. If the Passenger does not meet his/her obligation to arrive at the time set forth herein, he/she will lose the right to be boarded and his/her reservations will be canceled. These policies may vary somewhat; therefore, the Passenger must consult THE CARRIER for the requirements regarding check-in time at the airport.
9.1.2.1.1. The Passenger is responsible for all of the documents required for the trip, passport, visas, tourist cards, and any other requirement or additional or special document that may be requested due to legal and regulatory provisions in force and effect in the departure, transit, and arrival countries. The Passenger must comply with the laws and regulations and procedures set forth by the Authorities of such countries regarding migration, customs, health, security, and border control.
9.1.2.1.2. The information service that THE CARRIER provides regarding such topics does not waive the Passenger’s direct responsibility to research, become familiar with, and comply with laws and regulations regarding such matters. THE CARRIER will not be held liable for the Passenger being denied entry into a country for non-compliance with such laws and regulations or as a result of any Damage that the Passenger may suffer, for not meeting the obligations mentioned above in Article 9.1.2.1.1.
9.1.2.2. Travel Documents. The Passenger must present all of his/her entry, Transit and exit documentation, health documents, and others, as required by the laws or regulations in force and effect in the countries involved and must allow THE CARRIER to keep a copy, if necessary.
THE CARRIER reserves its right to refuse to transport any Passenger who does not comply with the laws and regulations in force and effect and whose documents are not in order.
9.1.2.3. Denial of Entry. If the Passenger is denied entry into a territory, the cost of the Ticket that the Passenger paid to arrive in the country where he/she is denied entry is not refundable; neither is any expense in which the Passenger incurs due to said denial.
9.1.2.4. Customs Controls. If the competent Authority so requests, the Passenger must go through Checked Baggage and Carry-on Baggage inspection. In no event whatsoever will THE CARRIER be held liable for delays of, loss of or Damage to Baggage, which may occur due to such inspection.
9.1.2.5. Security Checks. The Passenger must submit to all security checks requested by official government or airport Authorities or requested by THE CARRIER
On certain occasions the flights that THE CARRIER operates may be oversold, resulting in CARRIER’s inability to provide previously reserved, confirmed space for a particular flight. In such event, THE CARRIER’s obligations will be subject to the provisions in applicable laws and regulations regarding oversold flights and, to the extent not in conflict with such laws and regulations, shall be governed by the provisions set forth in Article 10.2 below.
The procedure that applies for an oversold flight is the following:
This procedure consists of informing the persons with reservations on the overbooked flight and attempting to find Passengers with flexible itineraries, who are willing to give up their reserved seat in exchange for a voluntary compensation. The voluntary compensation will be set by THE CARRIER if there is no applicable legal provision on the matter.
In the event of an oversold flight on which there is no space for the Passenger and he/she is not willing to give up his/her reserved seat, THE CARRIER will identify the situation as involuntary compensation. When this Passenger is not boarded on the flight that he/she originally reserved, he/she will receive involuntary compensation as set forth in applicable law or as set by THE CARRIER if there is no applicable law on the matter. THE CARRIER may from time to time modify the amount of compensation, and conditions regarding such compensation, for oversold flights, always in compliance with applicable legal provisions.
Unless so required by applicable law under certain circumstances, THE CARRIER does not use cash for voluntary or involuntary compensation, and will use travel certificates instead. Such certificates are issued at the airport and on the date of the oversold flight. If the Passenger accepts Voluntary Compensation, when the Passenger is given the travel certificate, he/she will be required to release THE CARRIER from any further liability. Travel certificates can be used for purchasing fares in tickets, paying Excess Baggage, penalties, the difference between two fares, and in all cases the applicable conditions and restrictions provided therein will apply. Unless provided for otherwise, travel certificates are not valid for purchasing services provided by other airlines. Travel certificates are not refundable nor do they have any residual value after usage. THE CARRIER will set the amounts for which the travel certificates are to be issued, based on the compensation policy effective at the time of the oversold flight. If a traveler receives compensation, he/she cannot request that any penalties be waived or that any tickets be refundable.
In the event of an oversold flight where the Passenger refuses to give up his/her seat, effective laws and regulations applicable at the airport where the oversold flight occurs will apply for involuntary compensation.
In cases of oversales, THE CARRIER will utilize the following boarding priority, in ascending order of priority:
The Passengers for whom THE CARRIER cannot provide a confirmed space due to an oversold flight will be accommodated by THE CARRIER on alternate flights as follows:
Without prejudice to the provisions in special laws applicable to certain events, the Passenger’s acceptance of the travel certificate constitutes THE CARRIER’s compensation to him/her due to an oversold flight and releases THE CARRIER of any further liability
The Passenger is responsible for following THE CARRIER’s and its personnel’s instructions at all times during the flight. Pursuant to law, the pilot-in-command has final say on all safety-related matters and all of the other crew members and all of the Passengers are under his/her Authority during the flight.
The Passenger must refrain from all acts that may endanger the safety of the flight, of the crew, of the Passenger himself/herself, and of the other persons or things on board. When events occur that can or do bother the other Passengers, that violate laws, regulations and procedures or that can or do compromise the safety of the flight, the Passengers, the crew, THE CARRIER’s property or the property of the Passengers, the flight crew has full autonomy to take the actions deemed relevant to control and handle the situation. Said actions can lead to THE CARRIER deplaning the Passenger, refusing to transport the Passenger, immobilizing the Passenger when the situation so requires, and any other necessary measure. Notwithstanding anything in this Chapter XI to the contrary, for flights to and from the United States, THE CARRIER shall not refuse transportation to an Individual with a Disability except as permitted under 14 C.F.R. Part 382, Nondiscrimination on the Basis of Disability in Air Travel.
The articles considered of prohibited, restricted, and allowed use on board are listed below.
These are articles that cannot be used at any time while the Passenger is on board the aircraft. They include but are not limited to the following: AM/FM radio, peripheral computer unit or game connected using a cable (e.g., printer or fax machine), remote control game, television set, two-way communication transmitter (e.g., citizen band, Ham radios, Walkie Talkies), automatic VHF direction finder receiver, wireless mouse, and any remote control electronic device that emits signals/controls another electronic device, among others.
Some portable electronic devices have restricted use onboard according to the stage of the flight. The Passenger must consult THE CARRIER before using any electronic equipment. The following articles are allowed to be used on board the aircraft when the door is still open and after landing: cellular/mobile phone, wireless modem, GPS with an external antenna cable, two-way beeper, two-way communication PDA, calculator/portable game console, CD player, tape recorder or digital recorder, PC with a mouse, PDA personal assistant that does not use two-way communication, and video cameras, among others.
The following portable electronic devices may be used on board the aircraft when it is flying above 10,000 feet of altitude and when the cabin crew is making the corresponding announcements: portable cameras and video cameras, calculators, recorders, portable shaving machines, electronic games, music players, personal computers, portable videogame consoles, tablets, and cellular phones solely in airplane mode.
These articles can be used at any time inside the aircraft. They include equipment installed by THE CARRIER, electronic clocks, hearing aids, implanted medical devices, noise reduction headsets, one-way pagers, vital support medical equipment, and personal oxygen concentrators, among others.
Among other actions, the Passengers must refrain from:
The crew has the authority to take the actions that it deems necessary to prevent and control prohibited conduct.
Will exercise reasonable efforts to carry passengers and their baggage according to THE CARRIER’S published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or THE CARRIER’S published schedules are not guaranteed and form no part of this contract. THE CARRIER may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule or as provided elsewhere in this Contract of Carriage, THE CARRIER will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which THE CARRIER carries the passenger from the ticketed origin to destination.
In the event of flight cancellation, diversion, or delays that will cause a passenger to miss connections, THE CARRIER will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with this Contract of Carriage.
If the passenger does not request a refund and cancellation of the ticket, THE CARRIER will transport the passenger to the destination on THE CARRIER’S next flight on which seats are available in the class of service originally purchased. At THE CARRIER’S sole discretion and if acceptable to the passenger, THE CARRIER may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, THE CARRIER will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, THE CARRIER will transport the passenger on the flight, although THE CARRIER reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.
Except as provided above, THE CARRIER shall have no liability if the flight cancellation, diversion or delay was due to Unforeseen Circumstances.
In the case of an extended tarmac delay occurring at a U.S airport on a flight operated by a codeshare partner of THE CARRIER, the contingency plan for lengthy tarmac delays of the operating carrier will apply.
Onboard service represents an added value that THE CARRIER offers its Passengers; it is not a duty that THE CARRIER has. THE CARRIER will determine the onboard service that it will provide, as it deems proper based on flight conditions.
THE CARRIER reserves its right to modify its onboard service policies.
THE CARRIER may provide transportation service directly contracted through its operations or through cooperation agreements with other airlines or means of transportation, such as:
Para servicios de código compartido en vuelos operados por otra aerolínea, EL TRANSPORTADOR es responsable en la totalidad del viaje de código compartido por todas las obligaciones con los Pasajeros establecidas en su Contrato de transporte.For codeshare services on flights operated by another airline, during the whole codeshare trip THE CARRIER is responsible for meeting all of the obligations with the Passengers set forth in its Contract of Carriage.
The rules included in THE CARRIER’s Contract of Carriage regarding ticket issuance will apply to codeshare services on flights operated by another airline. However, each codeshare partner has rules with respect to the operation of its own flights, and some may differ from THE CARRIER’s rules for flights operated by THE CARRIER. The rules with respect to operations that may differ between THE CARRIER and its codeshare partners include, but are not limited to:
Passengers should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize themselves with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance among others.
Interline agreements to furnish transportation utilizing the services of more than one carrier, pursuant to which the airline participant’s agree to accept each other’s tickets and baggage. Such agreements also contemplate the method for distributing the revenues and commissions or service charges derived from such services among the airlines that participate in the carriage, to be applied at the time of Refund.
THE CARRIER will seek to facilitate Connections for the Passenger and his/her Baggage with the airlines with which it has agreements, without it having any obligation to guarantee that such Connections will take place.
An event in which the Passenger makes connections with other airlines using separate Tickets will not be considered a Connection nor will it be treated as such unless such Tickets were issued in conjunction and intended to constitute a single contract of carriage.
THE CARRIER’S liability is regulated by applicable law; for international air carriage cases, the relevant Agreement or Convention applies.
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of THE CARRIER for death or bodily injury, for loss of or damage to baggage, and for delay.
If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel..
Download the PDF version of the Contract of Carriage of Avianca Ecuador S.A.
Transportation of Passengers and Baggage provided by Avianca Ecuador S.A. and Carriers doing business as AVIANCA, are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or electronic ticketing receipt. By purchasing a ticket or accepting transportation, the Passenger agrees to be bound thereby.
