CONTRACT TERMS AND OTHER IMPORTANT WARNINGS
PASSENGERS WHOSE TRIP INCLUDES A FINAL DESTINATION OR TRANSFER IN A COUNTRY OTHER THAN THAT OF DEPARTURE ARE INFORMED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING AMENDMENTS THERETO (MONTREAL CONVENTION SYSTEM) MAY BE APPLICABLE TO THE WHOLE TRIP, OR PART THEREOF OCCURRING INSIDE A COUNTRY. TO THESE PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL TRANSPORTATION CONTRACTS INCLUDED IN ANY APPLICABLE FEES, GOVERNS AND MAY LIMIT THE LIABILITY OF CARRIERS.
WARNING about the Liability Limit
The Montreal Convention may be applicable to your trip, and this Convention governs and may limit the liability of air carriers in case of death or personal injuries, luggage loss or damages, as well as delays.
If the Montreal Convention is applicable, the liability limits are the following:
- There are no financial limits in case of death or personal injuries.
- In case of luggage destruction, loss, damages or delay, 1.131 ‘Special Drawing Rights’ (approximately 1,200 EUR; 1,800 U.S. dollars) per passenger in most cases.
- For damages caused by delay in the trip, 4,694 ‘Special Drawing Rights’ (approximately 5,000 Euros; 7,500 US dollars) per passenger in most cases.
Regulation EC nº 889/2002 requires that air carriers of the European Union apply the limits established by the Montreal Convention about air transportation of passengers and their luggage. Many air carriers outside the European Union also apply the Montreal Convention when transporting passengers and their luggage.
In cases to which the Montreal Convention applies, the following liability limits may apply:
- 16,600 ‘Special Drawing Rights’ (approximately 20,000 Euros; 29,000 US dollars) for death or personal injuries in cases to which the Hague Protocol to the Convention applies, or 8,300 ‘Special Drawing Rights’ (approximately 10,000 Euros; 14,000 US dollars) if only the Montreal Convention applies. Many air carriers voluntarily waived these limits wholly, and the rules of the United States of America establish that, in trips to, from or with an agreed stopping point within the U.S.A. the limit may not be fewer than 75,000 US dollars.
- 17 ‘Special Drawing Rights’ (approximately 20 Euros; 29 US dollars) per kilogram for loss of or damages to or delay in registered luggage, and 332 ‘Special Drawing Rights’ (approximately 400 Euros; 575 US dollars) for non-registered luggage.
- Carrier may be liable for damages caused by delay.
You can obtain more information with the carrier about the liability limits applicable to your trip. Of the passenger’s trip involves transportation carried out by different carriers, you should contact each carrier to obtain information about the applicable liability limits.
The passenger may benefit from a higher liability limit for loss of, damages to or delay in luggage regardless of the Convention applicable to his trip, through a special declaration done during check-in of the value of his luggage and paying any supplementary applicable charges. Alternatively, if the value of the luggage exceeds the applicable liability limits, insurance must be bought for the whole luggage before the trip.
Deadline for legal action: Any legal action in court about claim for damages must be done within two years from the date of arrival of the aircraft, or from the date on which the aircraft should have arrived at its destination. Luggage Claim: must be communicated in writing to the carrier within 7 days counting from the date of delivery, in the case of damages, and, in case of delay, within 21 days counting from the date on which the luggage was made available to the passenger.
Warning about the Contract Terms Included by Reference
- Your transportation contract with the air carrier providing the trip, be it international, domestic or domestic portion of an international trip is subject to this warning; to any warning or receipt from the carrier; and to the individual terms and conditions of the carrier (Conditions), related rules and regulations and any applicable fee.
- If the transportation is provided by more than one carrier, different Conditions, Regulations and fees may apply to each carrier.
- The Conditions, Regulations and fees applicable to each carrier are included by reference in this warning and are part of your transportation contract.
- The Conditions may include, but are not limited to:
- Conditions and limits about carrier liability in case of personal injuries or death of passengers.
- Conditions and limits about carrier liability in case of loss of, damages to or delay of goods and luggage, including fragile or perishable goods.
- Rules applied to the declaration of a higher value for luggage and payment of any additional applicable charges.
- Application of the Conditions and liability limits established by the carrier relative to acts by its agents, employees and representatives, including any person who provides equipment or services to the carrier.
- Restrictions applicable to claims, including delays within which passengers must claim or bring legal action against the carrier.
- Rules applicable to reconfirmations or bookings; check-in schedules; use, duration and validity of air transportation services; and the carrier’s right to deny transportation.
- Carrier’s rights and limits about liability for delay or failure to provide a service, including schedule changes, replacement of carriers or alternative aircraft and change of route, and, when required by the applicable law, the obligation for the carrier to inform passengers about the identity of the operating airline or replacement aircraft.
- Carrier’s rights to deny transportation to passengers who do not observe the applicable law, or do not produce all documents needed for the trip.
- You may obtain additional information about your transportation contract and request a copy thereof in the carrier’s selling points. Many carriers publish this information in their websites. Whenever required by the applicable law, the passenger has the right to inspect the full contents of his transportation contract in the airport and carrier’s selling points and, by request, to receive from each carrier, free of charge, a copy mailed or otherwise couriered.
- If a carrier sells air transportation services or accepts luggage that specifies transportation with another carrier, it acts solely as an agent thereof.
YOU MAY ONLY TRAVEL IF YOU HAVE ALL DOCUMENTATION NEEDED FOR THE TRIP, AS WELL AS A PASSPORT AND VISA.
SOME GOVERNMENT ENTITIES MAY REQUEST YOUR CARRIER TO SUPPLY INFORMATION ABOUT OR AUTHORISE ACCESS TO PASSENGER DATA.
BOARDING DENIAL: Flights may be overbooked and there may not be a place available in the flight even if you have a confirmed booking. In most cases, if you are involuntarily denied boarding, you are entitled to compensation. Whenever required by the applicable law, the carrier must request voluntaries before involuntarily denying boarding to passengers. Inform yourself with your carrier about the rules applicable to Denied Boarding Compensation and about the boarding priorities applied.
LUGGAGE: Excess value may be declared for certain types of items. Carriers may apply special rules for the transportation of fragile, valuable or perishable items. Get information from your carrier.
Carriers may authorise free luggage allowance, defined by the carrier, which may vary according to class and/or route. Carriers may apply additional charges for registered luggage exceeding the allowance. Get information from your carrier.
Hand luggage (non-registered):
Carriers may authorise free hand luggage allowance, defined by the airline, which may vary according to class, route and/or type of aircraft. We recommend that the hand luggage be kept to the least necessary. Get information from your carrier. If the trip involves more than one carrier, each airline may apply different rules for luggage (registered and hand).
SPECIAL LUGGAGE LIMIT FOR TRIPS IN THE UNITED STATES OF AMERICA:
For transportation done solely between points of the United States, American federal standards require that the carrier’s liability limit for luggage is at least 3300.00 U.S. dollars per passenger, or the presently established amount by 14 CFR 254.5.
CHECK-IN SCHEDULES: The schedule included in the itinerary/receipt is the departure schedule of the aircraft. The departure schedule of the aircraft is not the check-in schedule or the schedule within which the passenger must be present at the boarding gate. The carrier may deny boarding to a passenger who is late. Check-in schedules communicated by your carrier correspond to the maximum limit within which passengers may be accepted to travel; boarding schedules, as communicated by the carrier, represent the maximum limit within which passengers must be present at the boarding gate.
DANGEROUS ITEMS IN LUGGAGE: For safety reasons, dangerous items must not be included or carried in the registered luggage or hand luggage (non-registered), unless there is a special authorisation. Dangerous items include, but are not limited to: compressed gases, corrosives, explosives, inflammable fluids and solids, radioactive materials, oxidising materials, toxic and infectious substances and documents briefs and cases with installed alarm devices. For safety reasons, other restrictions may apply. Get information from your carrier.
DANGEROUS ITEMS: Do not include in your luggage or transportation on board an aircraft the items shown below without checking with the carrier.