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ARTICLE 0: CONTRACT OF CARRIAGE
Carriage hereunder is subject, in relation to carrier’s liability, to the Montreal Convention and the provisions of Council Regulation (EC) No. 2027 of 9th October 1997, amended by Regulation (EC) No. 889/2002 of 13th May 2002, on air carrier liability in respect of the carriage of passengers and their baggage by air and the national laws of Member States. No agent, servant or representative of carrier has authority to alter, modify or waive any condition of this contract.
ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read the conditions set out herein, and within the meaning of this contract, please bear in mind that: “We”, “our”, “ourselves” and “us” mean Wamos Air SA. “You”, “your” and “yourself” mean any person, except members of the crew, carried in an aircraft pursuant to a Ticket. (See also definition for “Passenger”). “AUTHORISED AGENT” means a Passenger sales agent who we have appointed to represent us in the sale of our air transportation services. “AGREED STOPPING PLACES” means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as agreed stopping places on your route. “AIRLINE DESIGNATOR CODE” means the two characters or three letters which identify each particular air carrier. “BAGGAGE” means your personal property accompanying you in connection with your journey. Unless otherwise specified, it consists of both your checked and unchecked baggage. “BAGGAGE CHECK” means those portions of the Ticket which relate to carriage of your Checked Baggage. “BAGGAGE IDENTIFICATION TAG” means the document issued solely for the identification of Checked Baggage. “CARRIER” means any air carrier other than us, whose airline designator code is shown on your Ticket or Conjunction Ticket. “CHECKED BAGGAGE” means the Baggage of which we take custody and for which we have issued a Baggage check. “CHECK-IN DEADLINE” means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass. “CONDITIONS OF CONTRACT” means those statements delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate, by reference, these Conditions of Carriage, and other notices. “CONJUNCTION TICKET” means a Ticket issued to you in relation to another Ticket, and which together constitute a single contract of carriage. “CONVENTION” means whichever of the following instruments are applicable, as the context may require: -the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12th October 1929 (hereinafter referred to as “the Warsaw Convention”); -the Convention Warsaw, as amended at The Hague on 28th September 1955; -the Warsaw Convention, as amended by Additional Protocol no. 1 of Montreal (1975): -the Warsaw Convention, as amended at The Hague and by Additional Protocol no. 2 of Montreal (1975); -the Warsaw Convention, as amended at The Hague and by Additional Protocol no. 4 of Montreal (1975); -the supplementary Convention of Guadalajara (1961) (Guadalajara); -the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999 (hereinafter, “the Montreal Convention”); “COUPON” means both a paper flight Coupon and an electronic Coupon, each of which entitles the named Passenger to travel on the particular flight identified on it. “DAMAGE” includes death or wounding of or bodily injury to a Passenger, total or partial loss, theft or other damages, arising out of or in connection with carriage or other services incidental thereto performed by us. “DAYS” means calendar days, including all seven days of the week; provided that, for the purposes of notice, the day on which notice is dispatched shall not be counted as such; and further provided that, for purposes of determining the duration of the period of validity of a Ticket, the day on which the Ticket is issued, or the day on which the flight commences, shall not be counted either as “days”. “ELECTRONIC COUPON” means an electronic flight coupon or other equivalent document held in our database. “ELECTRONIC TICKET” means the Itinerary/receipt issued by or on behalf of the carriage contractor, the Electronic Coupons, and, if applicable, a boarding document. “FLIGHT COUPON” means the portion of the Ticket that bears the notation “good for passage” or, in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried. “FORCE MAJEURE” means unusual and unpredictable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised. “ITINERARY/RECEIPT” means a document or documents we issue to Passengers travelling on Electronic Tickets, containing the Passenger’s name, flight information and the relevant notices. “PASSENGER” means any person, except members of the crew, carried in an aircraft pursuant to a Ticket. (See also the definition of “you”, “your” and “yourself”). “PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the Ticket, issued by us or by a third party on our behalf, which is so marked and which ultimately is to be retained by you. “SPECIAL DRAWING RIGHT” is an international unit of account, defined by the International Monetary Fund, based on the values of different leading currencies. The monetary values of Special Drawing Rights fluctuate and are re-calculated each banking day. These values are known by most commercial banks, and are regularly published in the leading financial newspapers. “STOPOVER” means a scheduled stop on your journey, at a point between the place of departure and place of destination. “TARIFF” means the fares, charges or related Conditions of Carriage, published and filed, where required, with the appropriate authorities. “TICKET” means “passenger ticket and baggage check”, which these conditions and notices are part of, and includes the Conditions of Contract, notices and Coupons. “UNCHECKED BAGGAGE” means any Baggage other than Checked Baggage. “CARRIER” or “COMPANY” is the designation of any air carrier that carries or undertakes to carry the passenger or his or her baggage hereunder; “PERSON ENTITLED TO COMPENSATION”, the passenger or any person entitled to claim with respect to such passenger, in accordance with the applicable laws.
ARTICLE 2: APPLICABILITY
2.1 GENERAL Except as provided in articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only to those flights or flight segments where our name or Airline designator code is indicated on the Ticket carrier box for that flight or flight segment. Pursuant to article 11 of Regulation (EC) No. 2111/2005, of the European Parliament and of the Council, of 14th December 2005, the carriage contractor shall inform passengers of the identity of the Carrier that is to operate the flight. Where the identity of the operating carrier is not yet known at the time of reservation, the carriage contractor shall ensure that the passenger is informed as soon as such identity is established. The carriage contractor’s name may be abbreviated in the ticket, provided that the full name and its abbreviation is set forth in carrier’s handbooks, regulations and timetables; the carriage contractor’s address shall be shown on the back of the “passenger ticket”, or in the case of an Electronic Ticket, as indicated for the first flight segment of the itinerary/receipt. The agreed stopovers are those places set forth in the “passenger ticket” or as shown in the carrier’s timetables as scheduled stops on the passenger’s route; carriage to be performed hereunder by several successive carriers shall be regarded as a single operation.
2.2 CHARTER OPERATIONS If carriage is performed pursuant to a charter agreement, these Conditions of Carriage shall apply only to the extent they are incorporated by reference or otherwise in that charter agreement or the Ticket.
2.3 CODE SHARES On some services we may have arrangements with other carriers (known as “Code Shares”). This means that, even if you have a reservation with us and hold a Ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If any such arrangements apply, you will be advised of the name of such a carrier that is to operate the aircraft at the time you make a reservation.
2.4 OVERRIDING LAW These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable laws, in which event such Tariffs or laws shall prevail. Should any provision of these Conditions of Carriage be decreed to be unenforceable under any applicable law, the other provisions shall remain individually enforceable.
2.5 CONDITIONS PREVAIL OVER REGULATIONS Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, the provisions of these Conditions of Carriage shall prevail.
ARTICLE 3: TICKETS
This ticket is good for use only on WAMOS Air specified airlines and flights, has no exchange value and must be issued only if there is a charter agreement or legal contract authorizing the same. The purchase of your ticket shall be effective once Wamos Air has made a valid charge to the credit card supplied. If you have not paid for the ticket prior to the specified ticketing time limit, as advised by us, your reservation may be cancelled by Wamos Air directly or by our authorized agent. However, where transaction irregularities are detected, and in order to avoid fraudulent purchases (lost cards, false details, etc.), Wamos Air reserves the right to request further information from the client, even after the purchase is made, in order to check the details provided. Additionally, Wamos Air carries out random ticket checks for the avoidance of fraud. As a result of those checks, we may contact you to verify the details provided and the purchase made. Where the client fails to provide the additional details requested or there are proper grounds for suspecting that the purchase has been made using fraudulent methods, Wamos Air will cancel the purchase made and credit the amount charged to the card provided. Additionally, Wamos Air may cancel a booking if APIS (Advance Passenger Information) requirements are not complied: What is APIS? APIS is an automated system for collecting passenger data from out of USA. Its objective is to improve international transport security. If your destination is Cancun, your flight will overfly USA airspace, and its regulations require the following data: 1. Full Name (as appears in the passport) 2. Passport number 3. Passport issuance country 4. Passport expiration date 5. Gender 6. Date of birth 7. Nationality 8. Country of residence 9. Foreign identification number (if applicable) 10. Redress number (if applicable) We inform you that such data are mandatory and will be properly sent to USA Authorities. In case passenger are willing to board a cruise vessel, they shall provide with the vessel name and the city/estate of departure. How are the data collected? For your comfort and with the purpose of saving you time at the airport, Wamos Air collects such data during the booking process in a mandatory way. If you prefer to provide such data by phone you can make your booking through our Call Center calling to 902 300 747. Requirements: Wamos Air is required by the TSA (USA Transportation Security Administration) to have available all its passengers APIS data at least 15 days prior to departure date. In case Wamos Air does not have available booking APIS data in its reservations systems, Wamos Air will then cancel related booking/s proceeding with a full reimbursement.
3.1 GENERAL CONDITIONS
3.1.1 We will provide the carriage service only to the Passenger named on the Ticket, and you may in that connection be required to produce appropriate identification.
3.1.2 The Ticket is not transferable.
3.1.3 Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
3.1.4. If you have a Ticket of the type described in article 3.1.3 above, which is completely unused, and you cannot travel due to an event of Force majeure, provided that you promptly advise and furnish us with evidence of such Force majeure, we will provide you with a credit for the non-refundable amount of the fare for future travel on us, subject to deduction of a reasonable administration fee.
3.1.5 The Ticket is and remains at all times the property of the issuing carrier.
3.1.6 Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight, which may not have been previously used, and the Passenger Coupon. In addition, you shall not be entitled to be carried either if the Ticket presented is mutilated or if it has been howsoever altered other than by us or an Authorized Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide us with positive identification and a valid Electronic Ticket has been issued to your name.
3.1.7 (a) In case of loss or mutilation of a Ticket (or part of it) by you, or in case of non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace that Ticket (or part of it) by issuing a new Ticket, provided there is evidence, ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued, and you sign an agreement to reimburse us for any costs or losses, up to the value of the original Ticket, which are reasonably incurred by us or another Carrier for misuse of the Ticket. We will not claim reimbursement for any such losses which might result from our own negligence.
3.1.7 (b) Where such evidence is not available or you do not sign such an agreement, the Carrier issuing the new Ticket may require you to pay the full Ticket price for a replacement Ticket, subject to refund if and when the Carrier issuing the original Ticket is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the Carrier issuing the new Ticket, the foregoing refund will be processed at that time.
3.1.8 A Ticket is a valuable document and you should therefore take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.1.9 To the extent not inconsistent with the foregoing, any carriage whatsoever and other services performed by each carrier shall be subject to: 1) the provisions contained in this ticket, 2) the applicable tariffs and conditions, 3) the carrier’s conditions of carriage and related regulations which are made part hereof (and are available on application at carrier’s offices), except in transportation between a place in the United States or Canada and any place outside those countries, to which the rules in force in those countries shall apply.
3.1.10 Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. The agreed stopovers, if any, are those places shown on the ticket or as shown in this carrier’s information as scheduled flight route; carriage, if performed by several successive carriers, shall be regarded as a single operation. Carrier may, in case of need, have another carrier take its stead, use thirdparty aircraft and modify or omit stopovers shown on the ticket, in that case carrier will accomplish the duty of keep the passenger informed according to Regulation (CE) Nº 2111/2005. Unless otherwise specified on the ticket, Carrier shall accept no responsibility for guaranteeing connections with another flight at the place of destination.
3.2 PERIOD OF VALIDITY 3.2.1 Except as otherwise provided on the Ticket, in these Conditions or in the applicable Tariffs (which may limit the validity of the Ticket, in which case the limitation will be shown on the Ticket) a Ticket shall be valid: (a) for one year from the date of issue; or (b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket; 3.2.2 When you are prevented from travelling within the period of validity of the Ticket because at the time you request a reservation we were unable to confirm such reservation, the validity of such Ticket shall be extended, or you may request a refund of the amount of the Ticket in accordance with Article 10. 3.2.3 If after having commenced your journey you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may decide to extend that period of validity until the date on which you become fit to travel, or until our first flight after such date, from the point where the journey was interrupted, on which space is available in the same class of service for which the fare has been paid in the first place. Such illness must be attested to by a medical certificate. When the flight coupons remaining in your Ticket or, in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on that certificate. In such circumstances, we will similarly extend the period of validity of the Tickets of all members of your immediate family accompanying you. 3.2.4 In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and of those of his or her immediate family who are accompanying him or her may likewise be modified. Any such modification shall be made only upon receipt of a valid death certificate, and any such extension of validity of the Ticket shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3 COUPON SEQUENCE AND USE 3.3.1 The Ticket you have purchased is valid only for the transportation shown on the Ticket, from the place of departure, via any agreed stopping places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. 3.3.2 Should you wish to change any aspect of your transportation, you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as shown on the Ticket.
3.3.3 Should you change your transportation without our agreement, we will assess the correct price for your actual transportation. You will have to pay the difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower, but otherwise your unused coupons will have no value. 3.3.4 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example, if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee. 3.3.5 Each flight coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested. 3.3.6 Please be advised that in the event you do not show up for any flight without advising in advance, we may cancel your return or onward reservations. However, on national flights, if you do advise us in advance, we will not cancel your subsequent reservations.
ARTICLE 4: FARES, TAXES, FEES AND CHARGES
4.1 FARES Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transportation between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on your Ticket. Should you change your itinerary or dates of travel, this may affect the fare to be paid.
4.2 TAXES, FEES AND CHARGES All taxes, fees and charges imposed by government and other authorities or by the operator of an airport shall be payable by you. When you purchase the Ticket, you will be advised of taxes, fees and charges applicable thereto, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air carriage are constantly changing, and can be imposed after the date of Ticket issuance. If there is an increase in the applicable tax, fee or charge shown on your Ticket, you will have to pay it. Likewise, if a new tax, fee or charge is imposed, even after Ticket issuance, you will have to pay it. Similarly, in the event that any taxes, fees and charges which you have paid to us at the time of Ticket issuance are eliminated or reduced, such that they no longer apply to you, or a lesser amount is due as a result, you will be entitled to request a refund thereof.
* Mexico Tourism Tax Refunds
If your itinerary involves travel between Spain and Mexico and you meet the applicable criteria for exemption, you may be entitled to a refund of the Mexico Tourism Tax (UK) included in the price of your ticket. All Refund Claims must be submitted within 12 months of ticket issuance to the following email address: firstname.lastname@example.org
Mexico Tourism Tax (UK) Exemptions:
• Mexican Citizen (Passport)
• Resident of Mexico (permanent or temporary) holding a Mexico Visa
• Infant under the age of two
• Transit/Transfer passenger remaining less than 24 hours in Mexico (passengers stopping over in Mexico are not entitled to a refund)
4.3 CURRENCY Any such fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless we are otherwise advised by our Authorized Agent at or before the time payment is made (for example, because of the non-convertibility of national currencies into the payment currency). We reserve the right, at our discretion, to accept payments in other currencies.
ARTICLE 5: RESERVATIONS
5.1 RESERVATION REQUIREMENTS 5.1.1 We or our Authorized Agent will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s). 5.1.2 Certain fares have special conditions which limit or exclude your right to change or cancel reservations.
5.2 SEATING We will endeavor to honour all specific seating requests. However, we cannot guarantee you any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.3 RECONFIRMATION OF RESERVATIONS 5.3.1 Onward or return reservations may require you to reconfirm within certain time limits. We will advise you when such reconfirmation is required, as the case may be, and how it should be done. If it is required and you fail to reconfirm, we may decide to cancel your onward or return reservations. However, if you advise us that you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight, we will use reasonable efforts to transport you to your next or final destination. 5.3.2 You should check the reconfirmation requirements of any other Carriers involved on your journey with them. Where required, you must reconfirm with the Carrier whose code appears on the Ticket for the flight in question.
5.4 CANCELLATION OF ONWARD RESERVATIONS Please be aware that if you do not show up for any flight without advising us in advance, we may decide to cancel your onward or return reservations. However, if you do advise us in advance, we will not cancel your subsequent reservations.
5.5 FARES CONDITIONS AND RESTRICTIONS You can find in the following link a chart with all the fares conditions and restrictions (Booking changes, Refund, Free baggage allowance and Minimum stay period). If you need any further information please contact your travel agent, call to our Call Center from Monday to Saturday and from 9.00 to 21.00 or forward us your query through our website www.wamosair.com
ARTICLE 6: CHECK-IN AND BOARDING
6.1 The flight check-in deadline is the minimum time in advance of the scheduled flight departure time indicated on the coupon, by which the passenger must have been accepted for the flight, checked in the baggage and be in possession of the boarding pass. Beyond that deadline, the flight will be closed. The carrier will have no liability whatsoever for not accepting a passenger if the passenger presents himself or herself for a flight when check-in has closed. 6.2 The boarding gate deadline or deadline for boarding the aircraft is the deadline by which the passenger must be at the boarding gate to board the aircraft after checking in the baggage and be in possession of the boarding pass, with respect to the scheduled time for boarding for the flight to commence indicated on the coupon. Beyond that deadline, the carrier will have no liability whatsoever for not accepting a passenger if the passenger arrives for a flight when check-in has closed. It is essential for the passenger to carry a valid personal identification document. 6.3 Passengers shall comply with government travel requirements and produce the required documents, observe regulations incidental to this carriage including, but not limited to, smoking bans or restrictions aboard aircraft, and arrive at the airport by the time specified by the carrier on the notice of check-in deadline and boarding gate deadline or deadline for boarding the aircraft or, if no time is fixed, early enough to allow completion of departure procedures and at all events avoid behaving in a manner which may cause inconvenience aboard aircraft and, as the case may be, justifying refusal of carriage, or measures to be taken in that connection by the Captain after taking charge of the aircraft. The company shall not be liable for any damages, losses or expenses caused by the failure to meet these requirements laid down in this and the preceding clauses, or by misconduct requiring the company staff to take measures delaying or disturbing boarding operations. 6.4 Check-in deadlines are different at every airport and we recommend that you inform yourself about these check-in deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the set deadlines. We reserve the right to cancel your reservation if you do not comply with the check-in deadlines indicated. We or our authorized agents will advise you of the check-in deadline for your first flight with us. For any subsequent flights on your journey, you should inform yourself of those deadlines. The deadlines can be found in our timetable or may be obtained from us or our authorized agents. 6.5 You must be present at the boarding gate not later than the time specified by us for you to do so. 6.6 We may decide to cancel the space reserved for you if you fail to arrive at the boarding gate in the agreed time. 6.7 We will not be liable to you for any loss or expense incurred by you due to your failure to comply with provisions of this Article.
ARTICLE 7: REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing of our intention not to carry you on our flights at any time after the date of such notice. We may also refuse to carry you or your Baggage if one or more of the following has occurred or may reasonably be expected to occur: 7.1.1 if refusal to carry you or your Baggage is necessary in accordance with any government orders, laws or regulations; 7.1.2 the carriage of your Baggage may howsoever endanger or affect the safety or health of other Passengers or crew members, or substantially affect their well-being; 7.1.3 your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, the other Passengers, crew members or property;
7.1.4 you have been found guilty of misconduct on any previous flight, and we have reason to believe that such conduct may be repeated; 7.1.5 you have refused to submit to a security check; 7.1.6 you have not paid the applicable fares, taxes, fees or charges; 7.1.7 you do not appear to have valid travel documents, seek to enter a country through which you may be in transit or for which you do not have valid travel documents, you destroy your travel documents during flight or you refuse to surrender your travel documents to the flight crew, against receipt, when requested to do so; 7.1.8 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or any Authorized Agent of ours, or has been reported as lost or stolen, is a counterfeit, or you cannot prove that you are the person in whose name it was issued; 7.1.9 you have failed to comply with the requirements set forth in article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way other than by us or our Authorized Agent, or the Ticket is damaged; 7.1.10 you fail to observe our security or safety or health instructions; 7.1.11 you have previously committed any of the acts or omissions referred to above.
7.2 . DOCUMENTATION REQUIRED The documentation required for boarding is the Passport (except in the case of European flights for European passengers DNI is acceptable) and the corresponding boarding pass. However, it is the passenger who must find out what documents are needed to travel depending on their particular situation. We therefore recommend that if you have doubts refer to the appropriate Embassy or Consulate in your country. Wamos Air demands in the check-in process appropriate accreditation / authorization to remain in the destination country the time prescribed by the authorities, in case an according return ticket within a maximum period of stay in the country required by the Authority is not showed. Concretely , note that non-national passenger at destination country or without accredited residency, traveling as tourists to certain Non-EU destinations , is may be a requirement to show the corresponding return ticket or leaving the country to its next destination within the maximum period of stay allowed for tourists according to the related regulations of each country. Passengers from the Dominican Republic, are advised to always take your Dominican Passport, regardless of if they have other valid EU passport. This is because in many cases the Dominican Authority requires it even when there is bilateral agreement between the two countries.
7.3. PASSENGERS WHO ARE DISABLED OR HAVE LIMITED MOBILITY 7.3.1 In the case of passengers who are disabled or have limited mobility, please be aware that you may be denied boarding in the following events: 7.3.2. (a) In order to comply with the safety requirements laid down by international, Community or national laws, and those established by the aviation authority that issued the company’s Air Operator Certificate, indicating the specific cause. In this connection, please be advised that Airlines are authorized to require passengers who are disabled or have limited mobility to be accompanied by another person able to provide the passenger with the necessary assistance; assistance dogs accompanying disabled passengers will be carried free of charge, subject to such additional conditions as will be specified to you by the company upon request. 7.3.3 (b) Because your personal mobility equipment is considered to be dangerous goods and the airline is not authorized to carry the same; 7.3.4 (c) Where the aircraft interior or door dimensions make it physically impossible for the passenger to board or be carried with his or her means of personal transport. Notwithstanding the above, please be aware that the Company shall use all reasonable efforts to offer you an alternative to the journey purchased. Therefore, in compliance with the prevailing laws, you will be offered the choice between reimbursement and re-routing in accordance with article 8 of Regulation (EC) No. 261/2004, provided that no safety provision is thereby breached: a) - reimbursement within seven days, in cash, by electronic bank transfer, bank orders, cheque or, with a signed agreement, travel or other service vouchers, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts of the journey already made, if the flight is no longer serving any purpose in connection with the initial plan, together with, when relevant: - a return flight to the first point of departure at the earliest opportunity; b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity, or; c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats. The provisions of paragraph a) shall also apply to flights forming part of a package, except for the right to reimbursement, where such right arises under Directive 90/314/EEC. When, in the case of cities or regions served by several airports, you are offered a flight to an airport alternative to that for which the booking was made, the Company shall bear the cost of transferring you from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with you. In addition, should you wish the Company to provide you in writing with the reasons why you have been denied boarding, you must submit a written request to the following address so specifying, enclosing a copy of all travel documents. This shall be replied to within not more than five business days from the date of receipt of the request.
7.4 SPECIAL ASSISTANCE Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women and persons diseased or whose condition should require special assistance is subject to prior agreement with us. Passengers with disabilities who have advised us of their condition and of the special assistance they require at the time of Ticket issuance, and accepted by us, shall not subsequently be refused carriage on the basis of such disabilities or special requirements. 7.5 Boarding denegation Nevertheless, we want to state that the Company will make every reasonable effort to propose an alternative to the booked leg. Therefore, in compliance with current regulations, you will be offered a refund or an alternative transportation according to Article 8 of Regulation (EC ) No. 261/2004, provided any provision relating to safety is not breached, in the following manner: 7.5.1 Reimbursement within seven days, in cash, by electronic bank transfer , bank transfer, check or signed agreement , travel vouchers or other services, of the full cost of the ticket at the price of booking , for the leg or legs of the trip not made and for the leg or legs of the trip made ??if the flight no longer serves any purpose in relation to the initial plan, and additionally, when appropriate: - A return flight to the origin airport as quickly as possible; 7.5.2 routing to the final destination under comparable transport conditions, as quickly as possible, or; 7.5.3 routing to the final destination, under comparable transport conditions, at a later date, at their convenience, depending on availability of seats. The provisions of previous paragraphs shall also apply in the case of flights that are part of a leisure package except the right to reimbursement where such right arises under Directive 90/314/EEC . In the case of cities or regions that have multiple airports, and if you were offered a flight to an alternate airport different from the originally booked, the Company shall address the cost of additional transportation between such airports, or to another nearby destination agreed with you. Also, if you need the Company to provide you written reasons for denied boarding, you shall submit a written request to the email account email@example.com, attaching copies of all your travel documents. This request will be answered no later than five working days from the date of receipt.
8. NOTICE CONCERNING REFUSAL OF BOARDING, CANCELLATION AND LONG DELAYS Pursuant to Regulation (EC) No. 261/2004 of the European Parliament and of the Council, compensation is established in the event of a passenger being denied boarding despite presenting him or herself for boarding under the conditions laid down by the Regulation, and the carrier shall offer the passenger immediate care and assistance. Compensation is established in the event of cancellation of a flight, other than where cancellation is due to extraordinary circumstances, and the carrier is compelled to offer affected passengers immediate care and assistance. In the event of long delay of a flight with respect to the scheduled departure time, the passenger shall be entitled to receive immediate care and assistance during the delay.
8.1 CONSEQUENCES OF THE REFUSAL OF CARRIAGE OR REMOVAL OF PASSENGER If we have, using our reasonable discretion, refused to carry you or removed you en route, for any of the reasons mentioned in article 7.1 above, then we may cancel any remaining unused portion of the Ticket, and you will not be entitled to further carriage or to any refund with respect to any of the sectors covered by the Ticket, and we will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.
ARTICLE 9: BAGGAGE
9.1 FREE BAGGAGE ALLOWANCE You are entitled to carry some Baggage free of charge, subject to our conditions and limitations on the subject, which are available upon request from us or any of our Authorised Agents, and which are included in our Handling Manual, available at our main offices (Passenger Services Department).
9.2 EXCESS BAGGAGE You may be required to pay an extra charge for carriage of any Baggage in excess of the free Baggage allowance per Passenger. You may ask us for our Excess Baggage rates at our airport sales offices.
9.3 ITEMS UNACCEPTABLE AS BAGGAGE 9.3.1 You are not allowed to include in your Baggage: 18.104.22.168 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request). 22.214.171.124 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to. 126.96.36.199 Any items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or, by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request. 188.8.131.52 Objects that you are not allowed to carry according to our rules. 184.108.40.206 Objects that we could consider reasonable indecuate for the transportation because they may be dangerous, insecure, too dangerous too heavy, too big, que nosotros consideremos razonablemente inadecuados para el transporte porque son peligrosos, inseguros, demasiado pesados, demasiado grandes, frágiles o perecederos o por su forma o naturaleza. Al tiempo de decidir si los objetos son inadecuados para el transporte nosotros tendremos en cuenta el tipo de aeronave utilizada. 9.3.2. If we discover that you are carrying prohibited items, we will refuse to transport them. Please ask us or our authorized agents if you need information about prohibited. 9.3.3. Firearms and ammunition, other than for hunting and sporting purposes, are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in article 220.127.116.11. 9.3.4 Collectors’ weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage at our discretion, but will not in any case be permitted to be carried in the aircraft Passenger cabin. 9.3.5 Checked Baggage must not include money, jewellery, precious metals, TV sets, computers, TFT screens, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports or other identification documents or samples. 9.3.6 If, despite being prohibited, any items referred to in related articles are included as Baggage, we shall not be responsible for any damage to or loss of such items.
9.4 RIGHT TO REFUSE CARRIAGE 9.4.1 Subject to the provisions of articles 9.3.2 and 9.3.3, we may refuse to carry as Baggage the items described in article 9.3, and we may refuse further carriage of any such items upon discovery. 9.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for operational or safety reasons, or the comfort of other Passengers. Further information about unacceptable items is available on request. 9.4.3 We may refuse to accept Baggage for carriage unless it is in our view properly and securely packed in a suitable container. Further information about acceptable or unacceptable packing and containers is available upon request.
9.5 RIGHT OF SEARCH For reasons of safety and security and health we may require you to submit to a search and scan of your person and a search, scan and/or x-ray of your Baggage. Your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in article 9.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with articles 9.3.2 or 9.3.3. If you are unwilling to comply with such requirement, we may refuse to carry you and your Baggage. In the event that a search or scan should cause damage to you, or an x-ray or scan should cause damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
9.6 CHECKED BAGGAGE 9.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of and issue a Baggage Identification Tag for each piece of your Checked Baggage. 9.6.2 Checked Baggage must have your name or other personal identification affixed to it. 9.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security, health or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight to yours we will deliver it to you, unless applicable law requires you to be present for customs clearance.
9.7 UNCHECKED BAGGAGE 9.7.1 We may specify maximum dimensions and/or weight for Baggage which you wish to carry onto the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. 9.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements of the preceding paragraph, will only be accepted for carriage in the Passenger cabin if you have given us notice in advance and permission has been granted by us. You may have to pay an extra charge for this service. 9.7.3. We establish dimensions and weights for unchecked baggage , it must also : - fit under the seat in front of you , or - fit in an enclosed cabin of the aircraft compartment . • If : - checked baggage does not exceed the maximum permitted size or weight ; - does not fit under the seat in front of you or in an enclosed compartment , or - we decide it is not safe , you should check it as checked baggage. 9.7.4. If you have an item of luggage ( as a musical instrument) larger or heavier than the maximum allowed dimensions and weights for Unchecked Baggage but unsuitable to be carried as checked baggage , we will take you in the cabin of the aircraft if: - - you told us before that you wanted to carry it in the cabin of the aircraft; - we agreed with you before checking in cabin transport aircraft , and - you have paid us the extra charge applies to this service. Please consult us or our Authorised l details of our charges agents.
9.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE 9.8.1 Subject to article 9.6.3, you are required to collect your Checked Baggage as soon as it is made available to you at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you. 9.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage. 9.8.3 If any person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we reserve the right to deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to take the Baggage.
9.9 ANIMALS We agree to carry dogs and cats subject the following conditions. Any other animal shall be taken into account as air cargo: 9.9.1 You must ensure that the pets are properly crated for carriage and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry and transit, failing which carriage of such animals shall not be accepted. Carriage shall be subject to additional conditions specified by us, and which are available on request. 9.9.2 If accepted as Baggage, the animal, together with its container and food, shall not be included as free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable charges. 9.9.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to additional conditions specified by us, and which are available on request. 9.9.4 Where carriage thereof is not subject to Convention liability provisions, we will not be responsible for any injury to or loss, sickness or death of any animal which we have agreed to carry, unless we have been negligent. 9.9.5 We will have no liability whatsoever in respect of any animal not having all necessary health, entry, exit and other documents with respect to the animal's entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities imposed on or incurred by us as a result of the foregoing.
9.10 ARTICLES REMOVED BY AIRPORT SECURITY PERSONNEL We will not be responsible for, or have any liability in respect of, articles removed from your baggage by airport security personnel acting in accordance with any applicable regulations, whether or not such items are subsequently retained or destroyed by such security personnel or are passed by them to us.
9.11 FIREARMS In some of our services and we do not carry firearms or ammunition . In services in which we do transport firearms and ammunition we may charge a handling cost for accepting firearms and ammunition or we may exclude firearms and ammunition permitted weight of your luggage , in which case you must pay a charge for excess baggage. If you want us to do transport firearms and ammunition , not guns and ammunition for sports competition , you must get our permission before checkin . If you do not we can decide we do not carry them. If you are traveling in a service in which we transport firearms and you want us to do transport weapons or ammunition competition, you must let us know before checkin. If you do not, we may decide not to carry them. All firearms and ammunition must be transported as checked baggage , and we will not allow you to take them inside the cabin of the aircraft. All firearms carried as checked baggage must be unloaded , half-cocked and securely packaged . The transportation of firearms and ammunition is covered by the ICAO Technical Instructions and IATA Rules, to which reference has been made above. You should make sure you have all the documents you need for firearms and ammunition. If you do not choose us , we can not carry them.
9.12 HAZARDOUS OBJECTS NOT ALLOWED ON BOARD You must not carry any object within the aircraft cabin if we tell you that we reasonably believe that his presence there would affect the safety of the aircraft or any person on board . You should not bring any object into the cockpit of the aircraft that is legally forbidden to carry inside the aircraft . You should not bring into the aircraft cabin any antique weapon or replica or toy, or weapons . You should not carry swords, knives, bows and arrows or similar weapons into the cabin of the aircraft . We can tell you , whether you bill the objects referred to in the preceding clauses THREE as checked baggage , as we totally refuse to transport them.
9.13 FRAGILE PERISHABLE OBJECTS Fragile or perishable items should not be included in the checked baggage . You must not include in checked baggage fragile or perishable items or items of special value such as: - Money ; - Jewelry ; - Precious metal; - Computers; - Personal electronic devices ; - Stock certificates, bonds and other valuable documents ; - Business documents , or - Passports and other identification documents.
9.14 OUR RIGHT TO REFUSE CARRIAGE OF LUGGAGE WHICH ARE PACKED PROPERLY AND SAFELY . We will refuse to carry checked baggage if we reasonably believe is not packed properly and correctly in appropriate containers.
9.15 OUR RIGHT TO REGISTER, SCAN AND TAKE THROUGH X-RAY YOU AND YOUR LUGGAGE 9.15.1 For security reasons we will ask you to register you into submission through security controls and displays to you , record, subject to security checks and have their luggage X-ray We always try to record, subject to security checks by passing screens and X-ray your luggage when you are present . Anyway, if you are not available, we can check your bags in your absence. 9.15.2 If you do not allow us to carry logs, security controls through screens or X -ray inspections necessary for security, we will refuse to carry you and your baggage . 9.15.3 If a record or a security will cause harm to you or registration, security control through screens , or Xrays causes damage to your Baggage , we shall not be responsible for such damage unless it is caused by our fault or negligence.
9.16 ITEMS CONSIDERED DANGEROUS GOODS For security reasons the passenger's baggage must not contain dangerous items such as : • Compressed gases , corrosives, explosives; • flammable liquids and solids; • radioactive materials ; • oxidants ; • poisons; • infectious substances and • briefcases with alarm devices equipment . For more information , please consult the following information :
Provisions for dangerous goos carried by passengers and/or crew
Informative brochure: objects not allowed on board
Informative chart: objects not allowed for check in
Informative chart: objects not allowed as hand baggage
ARTICLE 10: SCHEDULES.
The flight times shown in the timetable may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of our contract with you. Before accepting your reservation, we will notify you of the scheduled flight time in effect as of that time and it will be shown on your Ticket. It is possible we may need to change the flight time subsequent to the issuance of your Ticket. If you provide us with your contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund, in accordance with the provisions of article 10.2.
ARTICLE 11: REFUNDS
11.1 We will refund the Ticket or any unused portion of the Ticket in accordance with the applicable fare or Tariff rules, as follows: 11.1.1 Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment. 11.1.2 If the Ticket has been paid for by a person other than the person named therein, and the Ticket indicates that there is a restriction on refund of the fare, we shall make that refund only to the person who paid your fare or to that person’s order. 11.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender of the Ticket and all unused Flight Coupons.
11.2 REFUNDS ON LOST TICKET 11.2.1 If you lose a Ticket or any portion of it, upon providing us with satisfactory proof of your loss and payment of the appropriate administration charge, we will make a refund as soon as practicable after expiry of the validity period of the Ticket, on condition that: 11.21.1 the lost Ticket, or relevant portion of it, has not been used, previously refunded or replaced (except where the use, refund or replacement by or to a third party resulted from our own negligence). 18.104.22.168 the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud or to the extent that the Ticket or any portion of it is used by a third party (except where any such fraud or use by a third party resulted from our own negligence). 11.2.2 If we or our authorised agent lose the Ticket or a portion of the Ticket, the loss shall be our responsibility.
11.3 RIGHT TO REFUSE THE REFUND 11.3.1 We may refuse a refund where application is made after expiry of the validity period of the Ticket. 11.3.2 We may refuse a refund on any Ticket which has been presented to us, or to the relevant Government official, as evidence of intention to depart from a country, unless you establish to our satisfaction that you have permission to remain in that country or that you intend to depart from that country using the services of another carrier or other means of transport. 11.3.3 We may refuse a refund in all the circumstances provided for in Article 7.2.
11.4. CURRENCY We reserve the right to make a refund in the same manner and in the same currency used to originally pay for the Ticket.
11.5 BY WHOM TICKET REFUNDABLE Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorised.
11.6 NON-REFUNDABLE CHARTER TICKETS Charter Tickets sold as part of an inclusive holiday package or by way of seat-only arrangements are not refundable under any circumstances.
11.7 RIGHT TO REFUSE A TICKET We reserve the right to refuse your Ticket if it fails to comply with the conditions agreed between us and the Tour Operator.
ARTICLE 12: CONDUCT ABOARD AIRCRAFT
12.1 GENERAL If, in our reasonable judgment, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes or threatens to cause discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point and you may be prosecuted for offences committed on board the aircraft.
12.2 PAYMENT OF DIVERSION COSTS If, as a result of your conduct, as described in Article 11.1, we decide, using our total discretion, to divert the aircraft for the purpose of offloading you, you must pay all costs arising out of that diversion.
12.3 ELECTRONIC DEVICES For safety reasons, we may forbid or limit operation aboard the aircraft of any electronic equipment, including, but not limited to, mobile telephones, laptop computers, portable recorders, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is allowed.
ARTICLE 13: ARRANGEMENTS FOR ADDITIONAL SERVICES
13.1 If we make arrangements for you with third parties to provide any services other than carriage by air, or if we issue any Ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party including, but not limited to, hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. 13.2 If we are also providing other surface transportation to you, other conditions may apply to such service.
ARTICLE 14: ADMINISTRATIVE FORMALITIES
14.1 GENERAL 14.1.1 You are responsible for obtaining all visas and travel documents required by the laws, regulations, orders, demands and travel requirements of all countries to be travelled to or through which you transit. 14.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas, or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
14.2 TRAVEL DOCUMENTS Prior to travel, you must present all entry, exit, health and other documents required by any law, regulation, order, demand or other requirement of the country or countries concerned, and permit us to retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
14.3 REFUSAL OF ENTRY If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the government concerned and for the cost of transporting you from that country. The fare collected for carrying you to the point of refusal or denied entry will not be refunded by us.
14.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC. If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us, on demand, any amount so paid or expenditure
so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.
14.5 CUSTOMS INSPECTION If required, you shall attend inspection of your Baggage by customs or other government officials. We will not be liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
14.6 SECURITY INSPECTION You shall submit to any such security checks as authorities, airports, other Carriers or we shall deem appropriate.
ARTICLE 15: SUCCESSIVE CARRIERS
Carriage to be performed by us and other Carriers under one Ticket or Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, please see Article 16.5.1.
ARTICLE 16: LIABILITY FOR DAMAGE
16.1 SCOPE OF APPLICATION The liability of each carrier involved on your journey will be determined by the carrier’s own conditions of carriage. Our provisions concerning liability are the following:
16.2 APPLICABLE LAW The Convention, to the extent that it applies; and applicable laws
16.3 WOUNDING OR DEATH OF PASSENGERS
16.3.1 Our liability for damages sustained in the event of death, wounding or other bodily injury suffered by a Passenger in the event of an accident aboard the aircraft or during the course of boarding and disembarking shall not be subject to any limit. 16.3.2 For any damages up to the sum of the equivalent of 113,100 Special Drawing Rights, we shall not exclude or limit our liability where we can prove that both we and our agents adopted all necessary measures to avoid the aforementioned damage, or that it would have been impossible for both us and our agents to take such measures. 16.3.3 In excess of the equivalent of 113,100 Special Drawing Rights, we shall be entitled to the legal defenses established in the Convention and other applicable law. 16.3.4 Notwithstanding the provisions of Article 16.3.2, if we prove that the damage was caused or contributed to by the negligence of the deceased or injured Passenger, we will be wholly or partially exonerated from liability in accordance with the applicable law. 16.3.5 We shall, without delay and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs, on a basis proportional to the hardship suffered. 16.3.6 Notwithstanding the provisions of Article 16.3.5, no advance payment shall be less than the equivalent of 16,000 Special Drawing Rights per Passenger in the event of death. 16.3.7 An advance payment shall not constitute recognition of liability, and may be offset against any subsequent sums paid in respect of liability, but will not be returnable except in the cases provided for in Article 16.3.4 or where it is subsequently proved that the person who received the advance payment caused or contributed to the relevant damage by negligence, or was not the person entitled to compensation. 16.3.8 We shall not be responsible for any illness, injury or disability, including death, attributable to your physical condition or to the aggravation of such condition.
16.4 BAGGAGE 16.4.1 We will have no liability whatsoever for damage to unchecked baggage unless such damage is caused directly by our negligence. 16.4.2 Except in the case of an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability in the case of damage to checked baggage shall be limited as provided by the Convention, which shall in most cases be to a maximum of 1,131 Special Drawing Rights per passenger although, If in accordance with applicable law different limits of liability are applicable, then such different limits shall apply. 16.4.3 We will not be responsible for damage caused by your Baggage. You will be responsible for any damage caused by your Baggage to other people or their property, including our property. 16.4.4 We shall have no liability whatsoever for damage to articles not permitted to be contained in checked baggage under Article 9.3, including fragile or perishable items, and items having a special value, such as money, jewels, previous metals, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports or other identification documents or samples.
16.5 GENERAL 16.5.1 We will be liable only for damage occurring during carriage on flights operated by us, if we have a legal liability to you on account of such flight. If we issue a Ticket or check baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to checked baggage, you may make a claim against the first or last carrier. 16.5.2 We shall not be liable for any damage arising from our compliance with or your failure to comply with applicable laws or government rules and regulations. 16.5.3 Our liability is limited to proven compensatory damages and, in any case, we will not be liable for indirect, consequential or any other non-compensatory damages whatsoever. 16.5.4 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any. 16.5.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of liability under the Convention or applicable laws unless otherwise expressly stated. 16.5.6 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.
ARTICLE 17: TIME LIMITS FOR CLAIMS AND ACTIONS
17.1 NOTICE OF CLAIMS Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall be satisfactory proof that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you can prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of any Checked Baggage, you must notify us within twentyone (21) Days from the date the Baggage has been placed at your disposal. Every such notice must be made in writing. The passenger may lodge a complaint or claim with both the air carrier from which it purchased the service and the air carrier actually performing the service, and if the ticket specifies the name and code of an air carrier, then the latter shall be deemed to be the carriage contractor.
17.2 LIMITATION OF ACTIONS The method of calculating of the period of limitation shall be determined by Applicable Law or as decreed by the court where the case is heard.
ARTICLE 18: OTHER CONDITIONS
Carriage of you and your Baggage is a service provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important, inasmuch as they concern, among other things, the following:carriage of unaccompanied minors, pregnant women, and sick Passengers,restrictions on use of electronic devices and items;the on board consumption of alcoholic beverages. Further information concerning the laws governing these matters is available from us on request, and is also included in our Handling Manual ((i) and (ii)).
ARTICLE 19: INTERPRETATION
The title of each article in these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.
ANNEX I: AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. “SDR” means Special Drawing Rights according to International Monetary Fund (“IMF”). Updated EURO currency value could be found in the IMF website (www.imf.org). The SDR value is around 1,2685€, this value in subject to change due fluctuation. COMPENSATION IN THE CASE OF DEATH OR INJURY There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs , the air carrier cannot contest claims for compensation. Above that amount, the air carrier can only defend itself against a claim by proving that it was not negligent or otherwise at fault.
ADVANCE PAYMENTS If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs
PASSENGER DELAYS In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694
BAGGAGE DELAYS In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs.
DESTRUCTION, LOSS OR DAMAGE TO BAGGAGE The air carrier is liable for destruction, loss or damage to baggage up to 1,131SDRs. In the case of unchecked baggage, the carrier is liable only if at fault.
HIGHER LIMITS FOR BAGGAGE A passenger can benefit from a higher liability limit by making a special declaration at the latest two hours before flight departure and by paying a supplementary fee.
COMPLAINTS ON BAGGAGE If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within twenty-one days, in both cases from the date on which the baggage was placed at the passenger's disposal.
LIABILITY OF CONTRACTING AND ACTUAL CARRIERS If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
TIME LIMIT FOR ACTION Any action in court must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
BASIS FOR THE INFORMATION The basis for the rules described above is the Montreal Convention of 28th May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
Annex II. PERSONAL DATA In compliance with Organic Personal Data Protection Act 15/1999, please be advised that your personal data will be included in a processing system controlled and owned by WAMOS AIR S.A. The personal data will be processed for the purpose of maintaining the contractual relationship, managing, administering, providing, extending and improving the services, and sending technical, operational and commercial information, by any means, including e-mail and/or equivalent means, about goods, services, offers and news which we consider may be of interest to you. In the case of commercial communications sent by email or equivalent means, you give us your express consent for advertising to be sent by such means. WAMOS AIR agrees to comply with its obligation to keep personal data secret and with its duty to hold such data safely and take such measures as may be necessary to prevent the alteration, loss or unauthorised processing of or access to such data, having regard at all times to the state of the art, and to take appropriate technical and organisational measures to safeguard security. In the event of illness or allergy preventing the service purchased from being normally provided, the signatory hereby expressly consents WAMOS AIR to process his or her health data in order to evaluate the risks inherent in the service provided. In addition, you should be aware that WAMOS AIR shall have to communicate your personal data, necessary for provision of the relevant service, to the different suppliers of goods and services (handling, catering and other services) who shall be bound to use such data solely and exclusively for complying with the contract object. Likewise, and under US Federal Laws, your personal data included in the Passenger Name Record (PNR) shall be accessible to the US Customs Department if you fly to, from or make a stopover in that country. If you are the customer of a bank or employee of a company with respect to which special prices apply, you should be aware that your personal data may be communicated to such bank or company in order for that special price to be better managed. Pursuant to Article 12 of the Personal Data Protection Act, please be advised that your personal data may be transferred to third parties providing data processing services on behalf of WAMOS AIR. Under the agreements entered into with the aforesaid third parties, the data supplied shall be processed solely and exclusively for the specific, explicit and lawful purposes in respect of which the data was obtained and the data shall not be communicated to entities outside the contractual relationship. The data subject may at any time revoke the consent given for his or her data to be transferred, by sending a written request to the following e-mail address: firstname.lastname@example.org Lastly, you are advised that you may at all times exercise at no cost the rights of access, rectification, erasure and objection with respect to your data and revoke your consent without retrospective effects, on the terms specified in the Act, using the statutorily established procedure, in a letter addressed to WAMOS AIR, S.A., C/Mahonia, 2 28043 of Madrid.