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| Page 3 | ||||
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 Article X - Refunds |
Article XI - Conduct aboard aircraft |
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| Article XII - Arrangements for additional services |
Administrative Formalities |
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| Article X - Refunds |
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1. General Provisions In accordance with fare regulations, the Carrier will refund all or part of an unused Ticket, under the following conditions: (a) Except as otherwise provided for in this article, the Carrier shall be authorised, on the basis of sufficient proof, to refund either the person whose name is shown on the Ticket, or the party that paid for the Ticket, (b) If a Ticket was paid for by a person other than the person whose name is shown on the Ticket and if the Carrier mentioned a refund restriction on said Ticket, the Carrier shall refund the Ticket payer, or the person designated thereby. (c) Except in the event of Ticket loss, refunds will only be made upon remittance to the Carrier of the Passenger Coupon or the Passenger Receipt, as well as of all unused Flight Coupons. (d) A refund made to a person who presents themselves as being the person entitled to said refund and who remits to the Carrier the Passenger Coupon or the Passenger Receipt, as well as all the unused Flight Coupons, shall be deemed valid and shall release the Carrier from all liability and all subsequent claims. (e) An event of Force Majeure that occurs after the Passenger started their journey and that prevents them from continuing it shall not give rise to a refund, but shall trigger the application of Article III 2 (c) of these General Conditions of Carriage (extension of the Ticket validity). 2. Involuntary Refunds 2.1 If the Carrier cancels a flight, or performs the flight with excessive delays compared to the planned schedule or if the Carrier causes a Passenger to miss a connecting flight or the flight does not stop at the Agreed Stopping Place or scheduled destination, or if the Carrier refuses boarding to a Passenger due to scheduled overbooking, Passengers who hold a single Contract of Carriage may, subject to the applicable law in force, obtain a refund of an amount: (a) equivalent to the fare paid, if no portion of the Ticket was used. (b) at least equivalent to the difference between the fare paid and the fare that corresponds to the carriage not performed, with reference to the route mentioned on the Ticket, if a portion of the Ticket was used. 2.2 Involuntary downgrading: if a Passenger is placed in a lower class than that for which the Ticket was purchased, a refund (that corresponds to said difference in class) will be provided in accordance with the European law in force.* 3. Voluntary Refund 3.1 If a Passenger is entitled to obtain reimbursement for their Ticket, for reasons other than those mentioned in paragraph 2 of this article, the refund shall be of an amount equivalent to: (a) the fare paid, less any reasonable administrative or cancellation charges, if no portion of the Ticket was used. (b) the difference between the fare paid and the fare applicable to the scheduled route for which the Ticket was used, if a portion of the Ticket was used, less applicable administrative or cancellation charges. 3.2 Government requirements or any other contractual document between the Carrier and the Passenger may rule out the refund possibilities referred to in section 3.1 of this paragraph, in particular for Tickets for which the fares are subject to restrictions or are labelled "non refundable". 4. Refund for Tickets declared to be Lost or Stolen 4.1 In the event of the loss or theft of all or part of a Ticket, Passengers may, after having provided proof of the loss or theft of the Ticket and having paid the applicable administrative charges, be refunded as soon as possible, as from the expiration of the Ticket validity, provided that: (a) The Ticket or the portion of the Ticket that is lost or stolen was not used for carriage, previously refunded or replaced without further payment (unless one of these situations is caused by the Carrier); and that (b) The refund beneficiary undertakes, in the forms notified to them, to pay over to the Carrier the amount thus refunded, in the event that the Ticket declared lost or stolen is used, in whole or in part, by a third party for carriage or refund purposes (unless fraudulent use by a third party is caused by the Carrier). 4.2 The loss of all or part of the Ticket caused by the Carrier or its Authorised Agent is their responsibility. 5. Refund Refusal Right The Carrier reserves the right to refuse a refund: (a) For any Ticket, if the request is made after the expiration of the Ticket validity date. (b) For a Ticket presented to the Carrier, or to the authorities of a country, which meets the legislative or regulatory requirement to possess a ticket that enables the Passenger to leave the country, unless said Passenger provides sufficient proof to establish that they are authorised to reside in said country or that they will leave using another Carrier, or by any other means of carriage. (c) For a Ticket, for which the holder is not admitted by the destination or transit authorities on the scheduled route, and if the Passenger was returned to their boarding point for this reason. (d) For a stolen, forged or counterfeit Ticket. (e) For a Ticket, in a currency that is different from the currency used for the payment. (f) For a Ticket labelled as being "non-refundable". 6. Refund Currency (a) Refunds are subject to the laws and regulations of the country in which the Ticket was originally purchased and/or to the laws and regulations of the country in which the refund must be made. Subject to the law in force, the Carrier reserves the right to make the refund in the same form and in the same currency as those used when the Ticket was purchased. (b) If the Carrier agrees to make a refund in a currency that is different from the payment currency, said refund shall be made at an exchange rate and under conditions determined by the Carrier. 7. Persons Authorised to Refund Refunds shall only be made by the Carrier that originally issued the Ticket or by an Authorised Agent, if so authorised. * This provision has been added due to possible penalties the Carrier may have to pay during a customs inspection, if the Passenger´s Baggage contains goods for which the carriage is prohibited and the Passenger is not present.. |
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| Article XI - Conduct aboard aircraft |
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1. The Carrier reserves the right to assess, in a reasonable manner, the behaviour of Passengers on board the aircraft, and to estimate according to the circumstances whether said behaviour is liable to obstruct, threaten, endanger or not endanger one or more persons, items of property or the aircraft itself. In this connection, Passengers must not hinder the crew from performing their duties and must comply with the crew´s instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of the Passengers. 2. For security reasons, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as cellular telephones, laptop computers, portable recorders, portable radios, electronic games or transmitting devices, as well as all radio-controlled game and walkie-talkies, except for hearing aids and pacemakers. 3. On board the aircraft, Passengers must not, due to the consumption of alcohol, drugs or any other substance, behave in a way that is liable to cause discomfort, inconvenience, threaten or endanger one or more persons, items or property or the aircraft itself. 4. Smoking is strictly prohibited on board the aircraft. 5. The Carrier may limit or prohibit the consumption of alcohol on board the aircraft. 6. If a Passenger behaves in one of the ways described in the previous paragraphs, the Carrier may take measures it considers to be suitable and reasonably necessary in this situation, in order to prevent such behaviour from continuing. To this end, the Carrier may use restraining measures and/or disembark the Passenger at any stage of the flight. 7. If a Passenger does not comply with the provisions of this article (and with those of Article VII on carriage refusal and limitation) or commits a criminal or reprehensible act on board the aircraft, the Carrier reserves the right to take legal action against said Passenger. |
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| Article XII - Arrangements for additional services |
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1. If the Carrier, within the scope of a Contract of Carriage and subject to the applicable law, agrees to take steps, via third parties, for the provision of ancillary services other than carriage by air or if the Carrier issues a Ticket or voucher for carriage or other services (other than air travel), such as, for example, hotel reservations or car hire, in this case the Carrier will only act as an agent and will not be liable toward Passengers except in the event of proven negligence on its part. The carriage or sale conditions that govern the activities of said third parties will be applicable. 2. If the Carrier provides ground carriage services (bus, train, etc.) different liability systems may apply to said ground carriage. The conditions of carriage and the liability systems are available, upon request, from the Carrier or from the Carrier that provides the ground carriage, as applicable. 3. If the Carrier offers a Passenger rail carriage services, the Carrier is only acting as an agent, even if such carriage is identified under the Airline Designator Code. The Carrier is not liable for Damage to Passengers and their Baggage during carriage by rail. 4. The Carrier shall make reasonable efforts to meet Passengers´ requirements concerning the services provided on board the aircraft, in particular drinks, special meals, films, etc. However, the Carrier may not be held liable if imperatives linked to operating, security and safety do not allow it to provide suitable services, even if such services are confirmed at the time of Reservation. |
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| Administrative Formalities |
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1. General Provisions (a) Passengers are responsible and liable for procuring all the specific documents, visas and permits required for their journey, and to comply with all provisions of law (laws, regulations, decisions, requirements and provisions) of the departure, arrival and transit States, as well as with the Carrier´s regulations and the instructions relating thereto. (b) The Carrier may not be held liable for the consequences suffered by Passengers in the event of failure to comply with the obligations referred to in paragraph (a). 2. Travel Documents (a) Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the regulations in force (laws, regulations, decisions, requirements and provisions) in the departure, arrival and transit States. Passengers are moreover required to allow the Carrier to make a copy of said documents, if required, or to record information contained therein. (b) The Carrier reserves the right, in accordance with Article VII/1/(a), to refuse carriage if a Passenger does not comply with the laws and regulations in force or if the Carrier has doubts as to the validity of the documents presented. (c) The Carrier may not be held liable for losses or expenses suffered by Passengers who do not comply with the provisions of the law. 3. Refusal of Entry If a Passenger is refused entry to a territory, the Passenger must pay all the resulting charges or fines imposed on the Carrier by the local authorities, as well as the price of the carriage if the Carrier, due to a government order, is required to return the Passenger to their departure location or elsewhere. The price paid for the carriage to the destination for which entry to the territory was refused shall not be refunded by the Carrier. 4. Passenger Liability for Fines, Detention Costs, etc. If the Carrier has to pay or deposit a fine or penalty or incur expenses of any kind due to the non-compliance, whether voluntary or involuntary, by a Passenger with the law in force in the States concerned, or due to failure to present required documents, or the presentation of invalid documents, the Passenger must, at the Carrier´s request, reimburse the amounts thus paid or consigned and the disbursements incurred. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier. 5. Customs Inspections 5.1 Passengers may be called on to be present at the inspection of their Baggage (delayed, checked or unchecked) at the request of the customs or any other government authority. The Carrier may not be held liable for Damage or losses suffered by Passengers who fail to comply with this provision. 5.2 Passengers must compensate the Carrier if action, omission or negligence on their part causes Damage to the Carrier due to, in particular, their failure to comply with the provisions of this paragraph or the authorisation given to the Carrier to inspect their Baggage. 6. Security Checks 6.1 Passengers are required to submit themselves to the security (and safety) checks required by the government or airport authorities, as well as at the request of the Carrier. 6.2 The Carrier may not be held liable for refusing to transport a Passenger, if said refusal is based on the profound conviction that said refusal is warranted by the law, government regulations and/or applicable requirements. |
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