The transportation of Passengers and baggage provided by Aerovías del Continente Americano S.A. Avianca; Taca International Airlines, S.A.; Avianca Costa Rica S.A.; Avianca Ecuador S.A.; Aviateca S.A. and Regional Express Américas S.A.S. is subject to the following terms and conditions, in addition to the terms and conditions printed on any ticket or electronic ticket. By purchasing a ticket or accepting transportation, the Passenger accepts these provisions.
3.1. Use and Management of the Booking To generate a Booking, issue the Ticket and render the air transportation service, the Passenger must provide THE CARRIER or its intermediary, complete, precise and truthful information about its personal information. Said information shall include, at the least, the names and last names, identification document, postal and email address (if applicable), domicile and contact phone number, as well as an emergency contact. For said purpose, the Passenger, or third party acting on his or her behalf, represents before THE CARRIER that he or she has all the authorizations from the subjects for treatment of the provided data.
The Booking is personal and non-transferable. Disclosure of the Booking and the information therein by its holder to third parties shall be the exclusive responsibility of the holder.
THE CARRIER may deny the sale of services through channels without contact when it verifies that the person has an unpaid debt for prior purchases until said debt is paid off. In any case, the person can make a purchase at an office where cash payment of the Ticket can be verified.
THE CARRIER is required to inform passengers about the identity of the operating airline or airlines.
3.2. Booking Cancellation A Booking can be canceled for the following reasons:
3.3. Modification of the Booking. A Booking can be modified for the following reasons:
4.2.1. Disabled or Reduced Mobility Passengers must notify THE CARRIER in advance of their accommodation needs and devices to be transported as per their conditions, as well as arrive at least one hour prior to the time required for the general public to guarantee their check-in.
4.2.2 THE CARRIER will not refuse service to a Disabled or Reduced Mobility Passenger based on his or her conditions, except in the following circumstances:
a. For security reasons, violation of operational safety or aviation safety norms or requirements.
b. If the Passenger requires special accommodations and has not met his or her obligation to notify in advance and perform the necessary check-in requirements
according to Clause 4.2.1. The above notwithstanding, THE CARRIER will make all reasonable efforts to accommodate said Passengers before denying transportation thereof.
c. THE CARRIER may require Disabled or Reduced Mobility Passenger to travel with an assistant as a condition to provide the transportation service, whenever THE CARRIER considers that said assistant is essential to safety, in the following circumstances:
(i) When due to a Passenger’s mental disability he or she is unable to understand or respond to safety or evacuation instructions.
(ii) When the Passenger has auditive or visual disabilities that prevent him or her from communicating with THE CARRIER’S personnel to receive security or evacuation instructions.
(iii) When the Passenger has a mobility impediment that is so severe that he or she is incapable of helping him or herself in the event of an evacuation.
If there is no applicable regulation for the trip, pregnant women must not travel by air if the pregnancy period exceeds thirty (30) weeks, unless the trip is strictly necessary. Said passengers must sign and submit a medical certificate to THE CARRIER stating their suitable condition for the trip, disclaiming THE CARRIER from responsibility in any event that may arise regarding her condition during the flight.
The above-mentioned medical certificate must consider the flight(s) and its duration and must be issued by the treating physician, within the terms set forth by applicable regulations, and in the absence thereof within a term not to exceed ten (10) calendar days with respect to the date of the flight.
Pregnant passengers cannot be located at emergency exits. Except as set forth in the previous numerals, THE CARRIER reserves its right to deny transportation when at its discretion the pregnant woman is not in ideal conditions for travel.
a. Infants must be accompanied by a responsible adult on the lap of a responsible adult and duly secured with a seatbelt (without occupying a seat). An air transportation ticket will be required even if not paying a Fare as well as proof of age of the Infant.
An adult may have a maximum of two (2) infants under his or her care, in which case the second Infant must occupy a seat on the aircraft.
If for any reason the Infant occupies a seat, he or she must pay the cost of the available Fare for the flight plus taxes.
THE CARRIER may deny transportation of Infants that are at least ten (10) days old. If accepted for travel, a medical certificate authorizing said carriage will be required.
b. Children must travel occupying a seat and paying for the corresponding Fare. All Children who cannot seat with their seat belts fastened must be transported in a Child seat approved for air transportation.
Infant or Child seats required for air transportation will be provided by the Passenger since THE CARRIER will not provide them, and must be approved by international standards as suitable for use on an aircraft.
c. Seats will be assigned to seats that do not obstruct emergency exits or circulation of other Passengers and must remain appropriately secured to the seat of the aircraft during the flight.
d. For flight security reasons, minors and those who accompany them must not be located in emergency exits.
Children may not travel without a responsible adult. THE CARRIER may provide services to unaccompanied minors for certain ages according to the special service's policy. For security reasons, public order among others, or according to THE CARRIER’S applicable regulations, the unaccompanied minors service may be limited or denied.
5.1. Period of Validity. Except if the purchased fare requires a special term, or regulations establish otherwise, a ticket is only valid for travel on the date, itinerary, and flight for which the Booking was made and the price of which has been paid. If, at the time of the flight the Passenger does not show and has not previously changed his or her Reservation or desisted from travel, the Fare conditions for a no-show shall apply.
If the Ticket is not used within its period of validity, it will lose its validity and the Passenger will lose the right to be transported, and request modifications or Refunds over the Fare paid and applicable Surcharges. The above notwithstanding the right of retraction or to desist of the Passenger pursuant to the law and/or the purchased Fare conditions.
5.2. Except as otherwise set forth in regulations, flights included in the Contract must be strictly performed in the order and dates contracted according to the Ticket. Any change will be governed by the conditions of the purchased Fare informed to the Passenger during the Booking and upon entering into this Contract, in which case the modification or cancellation of the Booking may be performed as applicable.
5.3 The air transportation Ticket is not transferable, endorsable, or assignable under any title.
6.1. Fee conditions Each Fare has its own conditions, which are complementary to the Contract and applicable current regulations. Not limited thereto, the conditions of the Fare may be Free Allowed Baggage, changes to the Booking, Refund conditions, complementary services, flights moved forward, conditions for missed flights, among others, as applicable.
6.2. THE CARRIER has a diverse fleet of aircraft, event those of the same brand and model may have differences in seats, space between seats, comfort elements and in-flight service, space for carry-on baggage, curtains, among others. Therefore, THE CARRIER does not guarantee any standard of service or cabin class within the Aircraft and the Passenger accepts this characteristic of THE CARRIER’S aircraft and therefore the difference it may represent in service.
6.3. The Fare will be paid in the currency and exchange rates set forth by THE CARRIER.
6.4. Refunds: Refunds will be made according to the conditions of the Purchased Fare and according to applicable legislation.
6.4.1. Who to refund? THE CARRIER will make the Refund to the card and/or account, as applicable, that has paid for the contracted service. If the payer cannot be determined, THE CARRIER will refund the Passenger.
Changing the recipient of the Refund will be possible in the event of death or illness of the Refund’s recipient, Passengers who are imprisoned (under order of the Authorities), minors, Contracts of Carriage paid for under corporate agreement or exchanges, or by written request of the original recipient or payer.
6.4.2. Currency Regulation. The Refund will be processed according to the currency regulations set forth in the corresponding country and applying the conversions according to the exchange rate at the time of purchase, or when they apply.
6.4.3. Tax Refunds. THE CARRIER will refund taxes, charges and/or contributions that have not been transferred to the Authority or that have been accrued and/or are refundable pursuant to current applicable legislation. If they have been transferred and/or accrued, the Passenger may request on his or her own account for a Refund from the Authorities and THE CARRIER shall not be responsible for said process.
6.4.4. Refund of Surcharges and Administrative Fee As a general rule, the conditions of the purchased Fare extend to Surcharges and the applicable administrative fee to issue the tickets. In the case of Surcharges and/or administrative fee regulated by the Authorities, their refund will be made according to applicable regulations, and in their absence, according to the Fare conditions.
For security reasons and in compliance with legal air transportation provisions, Baggage must not include dangerous and/or forbidden goods, except if expressly allowed by THE CARRIER. These elements can be suitcases, boxes, and bags with money, or any other cataloged as dangerous goods by the Authorities, or THE CARRIER, including explosives, flammable items, gases, acids, corrosive materials, radioactive material, biological materials, among others. Some elements cataloged as dangerous goods that are commonly used are: lithium batteries or pyrotechnic material, disabling elements (such as mace), irritating or disabling agents, pepper spray, liquid oxygen devices, electro-shock weapons such as tasers, lithium battery-powered lighters without a safety cap or means of protection against inadvertent activation, damaged electronic equipment, replacement lithium metal batteries, filled oxygen cylinders, vehicles such as lithium battery-powered balance wheels and hoverboards or matches.
THE CARRIER does not accept transportation of the following items as Checked Baggage and they must be transported in carry-on baggage: a) jewelry, b) personal documents, passports, identifications or identification documents, c) metals or precious stones, d) works of art, e) checks or securities and other valuable documents, f) cash, g) glasses, h) communication devices such as cell phones, smartphones, among others, i) medications, j) medical records, k) cameras, l) music players or headphones, m) portable DVDs and portable electronic games, n) digital tablets, o) camcorders, p) computers and electronic equipment, q) ceramics, r) tableware, s) calculators, t) liquor bottles, u) perishable items, v) car or house keys, w) household items. baby care (example: formulas and diapers), x) passports, y) work samples (vendors), z) items similar to those listed above, fragile, valuable or perishable.
Some examples of restricted items in Baggage or charges that apply in the event of excess baggage, overweight, extra pieces of Baggage and/or oversized items must be directly consulted with THE CARRIER or in the Baggage policy, that may be consulted at Getting ready to fly.
The Passenger has the right for its Free Allowed Baggage to be honored according to the conditions of the purchased Fare.
a. The Baggage must be checked at the points enabled by THE CARRIER.
b. The Baggage must not contain items or elements described in clause 7.1 of this contract. If the Passenger must pack its Checked Baggage, this type of items include and accepts that the CARRIER’S responsibility is limited to the limits indicated in local regulations or applicable International Agreements.
c. The Passenger must duly identify his/her Baggage including full name, telephone number, e-mail (if applicable) and permanent address.
d. Meet all the established conditions and be informed by THE CARRIER.
7.5. Damaged Baggage. THE CARRIER reserves the right, as a condition to accept Checked Baggage, to inspect and document any preexisting damage to the Baggage. When the Passenger delivers to THE CARRIER baggage in poor condition or in any form that does not meet the ideal conditions to be transported, a “Limited Responsibility” will be attached as allowed by legal regulations, and the Passenger will be asked to sign the tag and informed that THE CARRIER will not be liable for the condition of the Baggage or any Damage that arises as a consequence thereof.
7.6. Excess Baggage. Any excess over Free Allowed Baggage is considered excess Baggage and can only be transported by the Passenger as Baggage paying a piece of additional baggage for this concept that includes any applicable tax. Overweight, oversized and/or additional baggage will travel subject to space available in the aircraft.
THE CARRIER will do anything possible for excess Baggage to arrive on the same flight on which the Passenger is traveling. However, due to operational circumstances, there is a possibility that this Baggage may not be transported on the same flight as the Passenger, and may therefore be sent on the first flight with available capacity within four (4) days after the date of arrival of the Passenger to his or her final destination, if a domestic flight, or eight (8) days after if on an international flight, except for legal provisions that contemplate other times.
7.7. Baggage on Agreements with Partner Airlines Free Allowed Baggage and charges for Excess Baggage on itineraries that include segments operated by a carrier other than THE CARRIER will be informed upon purchase, except as otherwise provided in special applicable regulations.
7.8. Baggage Control. All Checked Baggage can be verified using any device or means, in person or in absence of the Passenger, with or without his or her knowledge, to avoid acts of illicit interference or any damage to the aircraft, the Passengers or third parties. This control will be exercised by the Authorities, or THE CARRIER, among others, when determined by applicable regulations. Each Passenger is responsible before THE CARRIER and the Authorities for the content inside his or her Baggage.
THE CARRIER will not be responsible for damages, destruction, loss, delay, denied transportation, confiscation of property, etc., resulting from Inspections by the Authorities, or the Passenger’s denial or lack of compliance with matters of safety, sanitation, customs, among others. Passengers must abstain from including elements that may be affected by X-ray machines or inspection inside their baggage.
7.9. Baggage Delivery. The Passenger is responsible from picking up his or her baggage in the locations provided for that purpose and for verifying that the Baggage belongs to him or her. THE CARRIER or the Authorities may verify and require that the Passenger proves that said Baggage is his or her own, which may be accredited with the Baggage ticket or tag, among others.
7.10. Unclaimed Baggage. Baggage that has not been claimed by its owner or an authorized representative on his or her behalf (or for which the owner has not presented a claim) once all procedures required by applicable legislation have been performed, for a period set forth in regulations or otherwise fifteen (15) days as of the date of completion of the flight on which it was checked and/or when it was found by the airline, shall be considered abandoned, releasing THE CARRIER from responsibility, and entitling it to dispose of said Baggage, deliver it to the Authorities or donate it.
7.11 In the event of Baggage claims, refunds for any expense incurred must be duly accredited to THE CARRIER.
Receiving a claim does not imply acceptance of legal responsibility by THE CARRIER. If the Passenger makes a claim it will be analyzed and compensated, if applicable, according to applicable regulations.
7.12 Damages to Baggage. In the case of damage to Checked Baggage, the person entitled to delivery must present a claim before THE CARRIER immediately upon the discovery of the damage, and, at the latest within seven (7) days from the date of receipt in the case of Checked Baggage.
The conveyor belts and airport infrastructure managed by the airport operator or the Authorities could cause natural wear and tear of Checked Baggage or its packaging. The Passenger accepts and holds THE CARRIER harmless for said wear and tear.
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 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.
Paragraph: If necessary, the Passenger will allow THE CARRIER to keep a copy of these documents, only for purposes of the carriage to be performed. Upon completion of the trip, THE CARRIER will eliminate any register thereof from its databases, except as otherwise legally required.
a. When the Passenger does not meet the conditions set forth in the Agreement.
b. When the Passenger participates in or is involved in an incident that goes against or endangers the physical integrity or security of the Passengers, airport personnel, the crew members, the Baggage, the freight or the aircraft;
c. When the Passenger evades or opposes the security controls provided for Passengers or Baggage.
d. When the Passenger may represent a threat to flight safety, to on-board comfort, order or discipline, to the health or convenience of the other Passengers and of the crew or to flight sanitation.
e. When the Passenger has a restriction or impediment for travel, issued by the Authorities.
f. When the Passenger does not fully identify him or herself or does not have all the necessary documents and requirements for travel.
g. When the acquisition of the air transportation service has been the result of fraud, theft, impersonation or similar behavior.
h. When the Passenger does not obey the instructions regarding security and the recommendations for behavior given by THE CARRIER'S representatives, on the ground and during the flight, or when his/her behavior interferes with the crew members’ duties.
i. When the Passenger is or appears to be ill and, in the opinion of THE CARRIER and/or of an airport physician, the Passenger cannot be safely transported or if he/she represents a danger to his/her own safety or to the safety of the other Passengers and of the flight crew.
j. When the Passenger is intoxicated or under the effects of alcohol or drugs.
k. When the Passenger exhibits aggressive or unacceptable behavior.
l. As a result of complying with the laws, regulations or orders of the Authorities or non-compliance therewith by the Passenger.
m. When the trip cannot be initiated under the stipulated conditions or delays its initiations due to situations that are not under the control of THE CARRIER, force majeure or unforeseen circumstances, that have been reported or threatened. If a flight that has already began is interrupted, due to any of the causes mentioned in the previous paragraph, THE CARRIER will transport the Passenger and its Baggage to his or her destination, except if the Passenger desists from the unrendered service.
The Passenger is responsible for all food, lodging, hotel, guard services, etc., expenses resulting from his or her non-admission. If THE CARRIER assumes any of these expenses, it may present a claim against the Passenger.
The Passenger is responsible for paying the value of the new travel ticket. 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 does not have a return ticket, he or she must use the corresponding value of services not rendered as payment for the new ticket. The corresponding values of services not rendered used to cover transportation costs after denied admission, food, hotel, guard service, etc., expenses, accrued to return the passenger from the point of non-admission will not be refunded to the Passenger.
The Passenger must abstain from all acts that may attempt against the safety of the flight, crew, his or her ow safety, and that of other persons or things, as well as any conduct that attempts against the good order, discipline on board, or airports. When facts that may cause or cause disturbances to occur, against the laws, regulations, and procedures, or that may compromise or compromise the safety of the flight, Passengers, staff, or goods of THE CARRIER, the necessary measures to contain the risk including disembarkment, denial of transportation, immobilization, may be taken.
a. Unfastening their seatbelt or getting out of their seat when not authorized by the crew to do so.
b. Operate forbidden or restricted equipment during the flight and preparatory phases, without authorization from the crew.
c. Remove, or improperly use life jackets and other emergency equipment, other elements onboard the aircraft, the airport, and goods owned by THE CARRIER or other Passengers.
d. Obstructing or destroying fire detection alarms and systems or other equipment installed in the aircraft.
e. Smoking on board.
f. Assume behaviors or express comments that can generate panic among the Passengers.
g. Disrespecting, insulting or physically or verbally aggressing any of the Passengers or members of the flight crew or ground personnel involved in the flight.
h. Behaving or acting obscenely.
i. Ingest food or beverages during flight not provided by THE CARRIER without its authorization.
j. Boarding the aircraft or being on the aircraft in a state of drunkenness or under the effects of prohibited drugs or substances.
k. Use electronic devices that may interfere with flight systems, communications or navigation of the aircraft while the passenger is onboard the aircraft, regardless of when said use occurs.
l. Use electronic devices permitted onboard against the instructions of crew members.
In the event of force majeure or unforeseen circumstances that prevent the occurrence of a flight as scheduled, THE CARRIER, according to applicable legal provisions may, among other actions, replace his capacity as flight operator with alternate airlines, for other aircraft, delay or cancel flights, change seat assignments, and modify or suppress stopovers established in the Contract, in order to comply with the obligation to transport the Passenger and his or her Baggage to their final 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 unused portion of the ticket and refund the unused portion of the ticket, as well as unused ancillary services or charges in accordance with this Contract of Carriage.
If the Passenger does not request a Refund, THE CARRIER will proceed to transport the Passenger to his or her destination on the next flight of THE CARRIER with available seats.
In these cases, and subject to acceptance by the Passenger, THE CARRIER may offer the Passenger a replacement flight on another airline, ground transportation or offer transportation under different conditions.
On-board service will be provided at THE CARRIER’S discretion and does not constitute a duty for it. THE CARRIER will determine as adequate according to flight conditions, the onboard service that it will provide or the suspension thereof.
For some or all of THE CARRIER’S services, agreements with other carriers (de facto carrier) or transportation modes may have been entered. This means the service can be provided by a carrier other than THE CARRIER. These agreements may include:
Under this modality, the Baggage, service and Fare conditions between THE CARRIER and the carriers for whom it acts as an agent, may be different.
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 transporter 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:
a. Performance of carriage and acceptance of the Passenger;
b. Unaccompanied minors;
c. Refusal to transport;
d. Special services;
e. Operational changes;
h. Type of service;
i. Type of aircraft.
Passengers must review the rules for flights operated by other airlines under Codeshare and must be familiar with them. In any case, the airlines will meet the legal and regulatory requirements included in the information of the flight operator.
As long as there is no contradiction to the above, the services rendered by THE CARRIER shall be subject to:
1. The conditions of the purchased Fare.
2. The specific conditions of the contracted transportation service contained in the Ticket.
3. This Contract.
a. There is no financial limit set for liability in case of passenger injury or death. For damages up to 128,821 SDRs (approximate amount in local currency), THE CARRIER is obliged to inform passengers of the identity of the operating airline(s) in local currency), the CARRIER may not contest claims for compensation. In excess of this amount, the CARRIER may only contest a claim if it can prove that there was no negligence or other fault on its part.
In events where European Community legislation is applicable (Regulation (EC) 2027/1997) in cases of death or injury of a passenger, the airline shall pay, within fifteen days from the day of identification of the person entitled to compensation, an advance payment to cover immediate financial needs. In case of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).
b. With respect to destruction, loss or damage, or delay to Baggage, Passengers will have the right in most cases to a maximum of one-thousand and eighty-eight (1,288) Special Deposit Rights.
If checked baggage has been damaged, delayed, lost, or destroyed, the passenger must notify the airline in writing as soon as possible. If the damaged baggage is checked baggage, the passenger shall report it in writing within seven days, and in case of delay, within twenty-one days, in both cases from the day, the baggage was placed at the passenger's disposal.
c. For damages caused by travel delays, Passengers will be entitled in most cases to five-thousand three-hundred and forty-six (5.346) Special Drawing Rights.
d. Any claim before a court must be filed within two years from the arrival of the aircraft or from the day on which the aircraft should have arrived.
If your trip includes flights from Avianca S.A.’s codeshare partners, we invite you to learn more about the terms and conditions that apply to the contract of carriage of the operating airline in the following links: