Chapter I - Definitions​

• “Authorities” are members of law enforcement agencies, the national police, the military forces, security, migration, customs or aeronautics agents or representatives or whoever replaces them in the corresponding country and has been empowered as such by competent laws or bodies.
• “Ticket” refers to, indistinctly, the document that attests to the conclusion of an air transportation agreement and the specific conditions of the contracted transportation service. In some countries it is known as the Ticket of Passage.
• “Operational Changes” are modifications to an itinerary, scheduled aircraft, assigned seat, routes, among others, for reasons associated with the operation which are attributable to internal or external causes of THE CARRIER.
• “Medical Certificate” is the proof regarding the health condition of a current patient and/or his or her condition to make an air trip, issued by medical personnel after due confirmation thereof through attendance, examination or acknowledgment. The agent is an independent merchant who/that carries out his/her/its activities through a self-owned company with personnel under his/her/its charge, in the name of and in representation of THE CARRIER, according to THE CARRIER’S instructions for such purpose.
• “Connection” is the change from one flight to another, that may require changing aircraft, flight number or even airline, scheduled within a single contract of carriage.
• “Contract” is the Agreement whereby THE CARRIER undertakes with respect to THE PASSENGER in exchange for a price, under certain service conditions, to transport him or her from one place to another, according to a Booking.
• “Boarding Pass” is the physical or electronic document that enables the holder to perform the flight specified therein, under the conditions set forth therein. In some countries it can be known as a Flight Coupon or Boarding Card.
• “Baggage” is the set of suitcases and articles usually transported by a person when traveling from one place to another, necessary for his or her comfort and wellbeing during the trip. Except as otherwise stated, said term both Baggage checked by the Passenger as well as carry-on baggage.
• “Checked Baggage” is Baggage that has been placed under the custody of THE CARRIER for transportation.
• “Carry-on Baggage or Non-checked Baggage” is Baggage the Passenger carries with him or herself under his or her custody and care during the flight and permanence within the involved airports.
• “Free Allowed Baggage” is the quantity of Baggage in weight, pieces and/or volume to which the Passenger is entitled without additional cost. The number of pieces, volume and weight will be determined for each route and/or purchased fare.
• “THE CARRIER” is the one who undertakes to transport or transports passengers and/or their Baggage from one place to another.
• “Dangerous and/or Forbidden Goods” are those elements or substances cataloged as such by the airline, or current applicable legislation given the risk they represent for the health of persons, flight safety, the environment or other goods.
• “Infants (INF”) are underage passengers that on the date of the flight have not turned two (2) years of age.
• “Children (CHD)” is an underage passenger over the age of two (2) but under the age of twelve (12), on the date of the flight.
• “Passenger(s)” is the person THE CARRIER is obligated to transport from one location to another by virtue of a Contract.
• “Disabled Person or Reduced Mobility” is a person with a physical or mental impediment, permanent or transitory, that substantially limits one or more main vital activities.
• “Refund” is the refund of all or part of the value paid for air transportation services, and can include the values that correspond to the Fare, Surcharges and taxes not used in a contracted transportation service, which will be given pursuant to the Fare Conditions. In the case of vouchers, the conditions of the respective voucher shall apply.
• “Booking” is the is the assignment of one or more quotas for one or more people, on one or more flights, on specific dates, Fares and routes. The Booking confirmation in THE CARRIER’S internal records is the booking code (Passenger Name Record (PNR)). The CARRIER must be consulted according to the Ticket that is issued, whether or not advance confirmation of the Booking is required.
• “Surcharge” is an additional charge to the Fare, the administrative fare, Taxes, Rates and Contributions in favor of THE CARRIER and/or the Authorities. The most usual concepts are fuel and safety, which must be borne by the Passenger.
• “Fare” is the value corresponding to the air transportation service to be paid by the Passenger. The Fare is subject to usage conditions, validity periods, payment conditions, service conditions, endorsement restrictions, stipulations regarding refunds, usage on specific flights, the minimum or maximum stay at the point of destination, specific travel dates, penalties, baggage allowance rules, among others.

Chapter II - Enforcement 

• 2.1. General. As a general rule, the conditions of this Contract apply to all flights or segments in which the designator code that identifies them is “AV”, “EX” or “TA” or where the name of THE CARRIER or the brand AVIANCA is indicated.
• 2.2. Enforceability The conditions of this Contract apply unless they are contrary to the National Constitution, Conventions, or other applicable laws and regulations. If a condition of this Contract is not valid, other provisions shall continue to be valid.

Chapter III - Booking

 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 CARRIER will process the information and personal data of the Passenger pursuant to its “Client, Traveler and User Privacy Policy” available on www.avianca.com

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:

1. By the holder of the Booking or whoever acts on his or her behalf request the cancellation thereof, when the person provides the confidential information corresponding to the Booking.
2. By the CARRIER, in the event of more than one Booking by the same person on the same flight and date or when there are duplicate segments within the same Booking; when the time limit to purchase the Ticket expires, without it being purchased, when said cancellation is required to meet a governmental regulation or request, in the event of possible fraudulent purchases, including but not limited to fraudulent payments, or when the Passenger does not comply with the Fare Conditions and/or the Contract and/or legal provisions. In the case of fraudulent acts, THE CARRIER reserves the right to cancel the Booking, including additional service and report the person before the Authorities.

3.3. Modification of the Booking. A Booking can be modified for the following reasons:

1. By the holder of the Booking or whoever acts on his or her behalf request the modification thereof as long as the person provides the confidential information corresponding to the Booking. The change can be made without cost or penalty, pursuant to the Fare conditions. The Fare conditions are available on www.avianca.com and are informed to the Passenger at the time of purchase.
2. By THE CARRIER when the modification is required to comply with a governmental regulation or request, due to force majeure, unforeseen circumstances or threat thereof, or for operational reasons. If the modification involves a date change, flight itinerary, route or carrier, if possible THE CARRIER will timely inform the Passenger according to applicable regulations.

Chapter IV - Special Services

• 4.1. General. Services provided to Passengers according to their individual needs or requirements.
  
  The Passenger must inform THE CARRIER of his or her special requirements or needs with enough time before the flight according to the preestablished policies, or during the Booking process, which if possible will be answered according to the specific policies, general conditions, and specific conditions by country, as well as the applicable restrictions for the trip, available at Special needs.
  
  
• 4.2. Disabled or Reduced Mobility Passengers

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.

• 4.3. Carriage of Pregnant Women. Carriage of pregnant women, except as otherwise set forth in the regulations that apply to the trip, must meet special requirements aimed at preserving her integrity and that of the unborn child, therefore THE CARRIER must be informed about her conditions and the pregnancy time. In any case, the passenger is under the obligation of finding out about the requirements for the trip she will make, consult the treating physician about the compatibility of the health condition with the trip, and obtain the authorizations or medical certificates and submit them when registering for each flight.

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.

• 4.4. Carriage of minors.

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.

• 4.5. Carriage of Passengers with Special Medical Conditions. To guarantee that the Passenger’s health will not be affected during the flight, or the health of other Passengers with certain medical conditions, THE CARRIER may request the Passenger authorization from the treating physician or otherwise deny boarding, according to the procedures provided by THE CARRIER for said purposes.
• 4.6. Carriage of animals. Transportation of live animals is limited for the animal’s, passenger’s or flight’s security. Therefore, this service is only available on some routes and aircraft according to applicable legal regulations and the policies set forth by THE CARRIER.

Chapter V - Air transportation tickets 

• 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.

Chapter VI - Air carriage tickets. 

• 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.

Chapter VII - Baggage

• 7.1. General. All Baggage is subject to revision by the Authorities and/or THE CARRIER when allowed by applicable law. THE CARRIER is not responsible for items retained, confiscated or prohibited by the Authorities from being carried by the Passenger.

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.

• 7.2. Free Allowed Baggage. THE CARRIER may modify, reconsider, and make exceptions to its Free Allowed Baggage policy. In any case, they may have a retroactive effect over air transportation services that have already been contracted and the price of which has been paid to THE CARRIER.

The Passenger has the right for its Free Allowed Baggage to be honored according to the conditions of the purchased Fare.

• 7.3. Checked Baggage. In addition to the general conditions in numeral 7.1, the CARRIER’S conditions for Baggage acceptance are:

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.

• 7.4. Special Baggage. THE CARRIER may allow transportation of special Baggage that meets the conditions established by THE CARRIER for each type of article. Sports items, baby and orthopedic items, wheelchairs, instruments and works of art, firearms, food, electronic items, human remains and poorly packaged Baggage is part of Special Equipment. THE CARRIER may deny transportation of this type of Baggage when it does meet the conditions established by it.

• 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.

• 7.13 Delays in Delivering Baggage. The Passenger must notify THE CARRIER of any delay in delivery of his or her Baggage as soon as possible. To do so, the Passenger must complete the Baggage Irregularities Report found in the Baggage Office in the air terminal, Contact Center and/or www.avianca.com. The maximum term to submit a report is twenty-one (21) calendar days as of the date on which the Baggage was made available.

Chapter VIII  - Performance of carriage

• 8.1. The Passenger will be accepted for boarding as long as he or her meets all applicable travel requirements for check-in, arriving to the gate and boarding gate, properly identifying him or herself and presenting a boarding pass for the respective flight or segment.
• 8.2. Check-in Time. The Passenger will check-in for the flight within the times set by THE CARRIER or its authorized agent for each check-in mode. If the Passenger does not check-in on time he or she will lose the right to be boarded on the flight, and his or her Booking will be canceled. The time in advance the Passenger must check-in at the airport can be verified in Getting ready to fly.
• 8.3. Check-in times. The Passenger about to board the flight must arrive at the boarding gate assigned to the flight, within the times established by THE CARRIER at check-in or on the boarding pass. If the Passenger does not arrive at the assigned boarding gate on time, he or she will lose the right to be boarded on the flight and the Booking will be canceled.
• 8.4. Travel Documents. The Passenger must properly identify him or herself at the time of check-in and/or boarding. The Passenger must identify him or herself in person with a valid ID document as required by the Authorities, as well as all other necessary documents and information subject to the travel requirements set forth by the Authorities at the point of origin, connection and final destination. The Passenger is responsible for obtaining, carrying and presenting all of the documents required for the trip such as passport, visas, tourist cards, vaccine certificates 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.

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.

• 8.5. Voluntary Changes to the Contract of Carriage. In cases when the Passenger request changes to his or her Booking after the ticket has been issued, THE CARRIER may charge an additional fee to the fare paid for the Ticket, if applicable, and may have to pay an additional fee as set forth in the purchased Fare conditions. The client must bear the fare differences between the initially purchased Fare and those available for the new flight, taxes and fees that may result from the requested change.
• 8.6. Termination of the Contract of Carriage. THE CARRIER may terminate the Contract of Carriage for the following reasons:

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.

• 8.7. Passenger Not Admitted. The Authorities at the destination or connection may deny entry to the Passenger. In these cases due to legal provisions, the Passenger must return on the next available flight to the point of origin.

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.

Chapter IX - Onboard conduct

• 9.1. Expected Conduct. The Passenger is responsible for following THE CARRIER’S and its personnel’s instructions at all times during the flight or at the airport. Pursuant to Law, the pilot-in-command is the maximum authority on board, and all of the other crew members and all of the Passengers are under his/her Authority during the flight.

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.

• 9.2. Actions That Endanger Safety. The Passenger must abstain from any act or fact considered improper by the Authorities, or defined as such in aeronautical, criminal, police and/or administrative regulations, especially:

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.

Chapter X - Operational changes

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.

Chapter XI - Onboard service

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.

Chapter XII - Commercial agreements

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:

• 12.1. Interline Agreements. THE CARRIER acts as the agent of one or more carriers. In this case, contracted flights or transportation services will be identified with a code other than “AV”, “EX”, or “TA”. The contract of carriage of the operator of said flight or provider of said transportation services shall apply to flights or transportation services under interline agreements. For all purposes, it shall be understood as if the Passenger contracted directly with the carrier of said flight or provider of such services.

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.

• 12.2. Codeshare. For codeshare services on flights operated by another airline, THE CARRIER is responsible during the full codeshare trip for all the rights of 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 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;

f. Compensation;

g. Baggage;

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.

Chapter XIII - Legal aspects of civil liability (National and international) 

• 13.1. Liability Regime. THE CARRIER’S liability is regulated. According to the trip local laws could apply and for international air transportation, the Montreal or Warsaw Conventions. Applicable regulations may limit THE CARRIER’S liability due to death or bodily injury, for the loss or damage of Baggage or delays.

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.

• 13.2. Where the Montreal Convention applies, the limits of liability are as follows:

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.

• 13.3 If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.