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home > services > legal > general cotract conditions of air transport service of passenger
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ABC AIRLINES, S.A. DE C.V. (“INTERJET”) GENERAL CONTRACT CONDITIONS OF AIR TRANSPORT SERVICE OF PASSENGERS
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This document contains the contract’s general terms and conditions subject to the public service of air transport of persons supplied by ABC Aerolineas, SA de CV, under protection from the title of concession TAN-0R-ACO, issued by the Secretary of Communications and Transport and operated under the trade name of "Interjet ®."
The Federal Civil Code, Commerce Code, Civil Aviation Law, Civil Aviation Law Directives & other applicable rules, govern this contract.
The text of this instrument is at the passengers’ disposition, for its study at Interjet’s customer service offices, as well as in its website www.interjet.com.mx Also, previous to hiring the service, the passenger will be provided with a general synthesis of the terms and conditions here established. When the service contract is made, and the passenger’s acceptance and payment have been done, this will imply that the passenger has agreed to all and each one of the terms and conditions set forth in the following clauses:
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CLAUSES
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1. Definitions
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Airline.- ABC Airlines, S.A. de C.V., by itself or through the personnel under its duty.
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Ticket.- physical proof that, can be produced de by the Airline, to acknowledge the existence of the service hired by the Passenger.
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Confirmation Code/key.- alphanumeric code that replaces the ticket and which the Airline appoints to recognize the contractual relation between the airline and the passenger.
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Documented/Checked-in Luggage.- articles that the Passenger place under the Airline’s custody, to be transport in the aircraft’s area specially designed for such purpose.
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Infant.- child between 7 days old and 2 years minus 1 day old. Can travel without cost, without seat or baggage to document, as long as an adult carries the child on their arms. One adult can carry only one 1 infant on arms.
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Carry-on baggage.- articles that the Passenger carries with him/her to the aircraft’s passengers cabin, become sole responsibility of the passenger.
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Law.- Civil Aviation Law.
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Minor.- Physical person between 2 yrs and 18 yrs minus 1 day old. Pay full fare price; have right to a seat and document baggage.
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Passenger.- physical person to which the Airline must provide the air transport service hired. Such person will be that whose name appears on flight ticket or who is registered under the Confirmation Code provided.
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Disabled Passenger.- physical person who requires different considerations for transport, being due to mobility limitations or of any other nature. Has the responsibility to warn regarding his/her condition from the moment of ticket purchase, so that the Airline can provide him/her with the assistance required.
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Special Needs Passenger.- physical person that due to his/her needs require different attention for his/her transport during the flight and who must warn about his/her condition at time of flight purchase. Among others, it is considered as Special Needs Passenger who has evident lesions, surgeries performed less than 15 dias prior to flight, pregnant women over 7 months, as well as minors traveling alone.
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Boarding Pass.- Document created by the Airline, essential for the Passenger to have the right to board the aircraft which will provide the air transport service hired.
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Regulation.- Civil Aviation Law Regulations.
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Rate/Fare.- Amount the Passenger must pay the Carrier/Airline, for the contract of air transportation services, which is determined unilaterally by the Carrier and that, added with taxes and fees is available to the public through its website or at different customer service centers.
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2. Object
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This contract purpose is to establish the terms and conditions the Carrier undertakes to transport passengers from one point to another, in exchange of payment of the appropriate fare and fees. In addition, this contract establishes the rights and responsibilities assumed by the passenger by hiring the Ailine’s air transportation service.
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3. Contract Service Characteristics
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3.1. Ticket & Confirmation Key.
The expedition of Tickets, or in its case, of the Confirmation Key, are fool proof of service contract and acceptance of all terms and conditions established in such contract, as well as the specific conditions of the hired service, such as flight date, schedule, origin and destination. The air transportation services hired with the Airline, will be have indefinite validity, as long as the foreseen requisites of clause 3.7 of these Contract are fulfilled.
3.2. Hired Service Conditions.
The service will be provided in accordance with contract specifications. Any changes or modifications approved by the airline and made voluntarily by passengers, will be subject to the conditions and charges preset by the Airline, which will be available to the passenger at all times at Interjet’s customer centers ® or on the webpage www.interjet.com.mx. Once the fee for hiring the Service is paid, there will be no refunds, compensation or reimbursement, except in events explicitly stated in law or this instrument.
3.3. Schedules.
The flight schedules will be published and/or established according to the twenty-four hour format (24), processing starting from 00:00 hrs. ,and until 23:59 hrs., being the responsibility of the passenger to show for documentation and boarding gate in timely manner, following the anticipated times that had been indicated.
3.4. Taxes and Fees.
The taxes, rights and other charges that are impose by the federal, state, or city government, in their corresponding attributing scopes, the authorities or the airport operators, in relation with the respective flight, shall be the passengers responsibility, who should pay them entirely in addition to the respective fare.
3.5. Fares/Rates.
The Airline reserves the right to establish the Fares offered to the public for each one of the routes or operated flights, as well as to modify them, at any moment and without previous notice. The fares payed in full by any Passenger, will not be allowed to be modified. In the event where the passenger has not paid in full the hired service, the appropriate fare will be published the day when the payment is due, so the passenger must pay any differences, in the event of partial payment. The Airline will always have the Fares available for the Passengers and the general public, to search, either at the customer service centers (offices and authorized establishments) or at the website www.interjet.com.mx.
3.6. One-Way Trips & Connecting Flights.
The air transportation services provided by the Airline are " From - To Flights"/ “Round Flights” or "One way Flights" exclusively, so no other service should be considered as "Round Flight", "Connecting Flight" or "Transfer Passenger Flight" or of luggage to other flights even when the same passenger would have hired two or more services provided by the own Airline, unless explicitly hired that way.
Considering what’s established on the paragraph above, no liability could be linked to the Airline in events where the Passenger misses a flight or posterior transfer, through the Airline or some other company. In no case the Airline will be forced to compensate the Passenger for damages or liabilities.
In events where it is explicitly established that a passenger’s hired transport service for “connecting flights”, will be subject to the Civil Aviation Law dispositions, its Regulations and other appropriate rules.
3.7. Changes if Flight & Transfer of Rights and Responsibilities.
The passenger has the right to change their flight, name on flight, time, date and / or destination, if requested at least 2 (two) hours prior to flight departure for the service originally purchased, as long there are seats available on the new flight, when in regards to changes in flight, time, date and /or destination. Passengers who are members of Club Interjet, may change their flight to an earlier time at no cost as long as there is availability on the earlier flight. The passenger must pay the applicable charges, for changes preset by the Carrier as well as the difference between the fare paid and the rate in effect at the time of change, where the final is greater than the first. This information will be provided at Interjet’s customer care centers or at its www.interjet.com.mx.
If the passenger hired air transportation services for more than one destination on the same journey, the name change can only be made out if all the name is changed in all sections and not only on some independent segments. The change of date and time in one of the purchased flights will be possible, subject to the specified conditions in the preceding paragraph.
If the new flight requested is traveling to an airport whose country requires visa or any other type of official document, the change has to be asked for with at least 48 (forty-eight) hours in advance.
In the event that the change implied a reduction of the fare price, the passenger will have no right to a reimbursement or refund.
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4. Documentation Boarding
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4.1. Documentation.
The passenger must arrive to the Airline check-in counters, installed at the airport of departure, with at least two (2) hours before in national flights and with three (3) hours for international flights, so that the Airline can expedite the boarding pass and, if needed, check the baggage. The passenger must show the Ticket or indicate the Confirmation Key, as well as to show an official and valid photo ID to the Airline personnel. You will need these requirements in order to check baggage and expedite the appropriate Boarding Pass.
In addition to the requirements mentioned in the paragraph above, all passengers destined for the United States or some other country that demands it, must show the Airline during the documentation process, the appropriate visa, valid and original. Similarly, at any service required from or towards any place abroad, passengers must submit to the Carrier their original and current passport. If the passenger does not have or does not show the documents stated, the Airline might refuse service and be relieved of all responsibility to carry the passenger at a later date, or to restore, compensate or reimburse the cost of the service. The Airline will also be exempt from paying any compensation to Passenger.
When the service consists in transporting a passenger to the United States of America, the passenger will also have the obligation to provide the address where he will stay during their visit in that country.
4.2. Boarding.
Passengers a with boarding pass, should be at the indicated gate, at least 30 minutes before departure time indicated in the boarding pass, for domestic flights and at least 50 minutes in advance for international flights. The passenger must show an official ID and boarding pass to the Airline Staff before boarding the aircraft.
4.3. Seat Assignment.
Seat assignment will be subject to availability at the moment of purchasing the service, of documenting or boarding the aircraft. The seat assignment could be confirmed or freely modified by the Airline, due to operational or security issues or to specific needs that arise at the time of departure.
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5. Baggage
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5.1. Checked Baggage.
Baggage that the passenger checks-in and registers, should not exceed 55 pounds and its combined length, width and height must measure 8’11” or less.
The Airline will give you a receipt for each piece of Checked Baggage, which must be handed by the passenger to the Airline’s or Airport’s Staff at time of baggage claim in exchange for the Luggage.
Whenever possible, the Checked Baggage will be sent in the same aircraft the passenger is traveling, unless the Airline decides, due to operation or security reasons, to be transported in an alternate flight. If this does happen the Airline will make sure the passenger is informed about it.
5.2. Overweight or Oversized Baggage.
When a passenger's checked baggage exceeds the allowed weight, the Airline reserves the right to transport the baggage considering the available capacity of the aircraft. In such cases, the passenger will have to pay a corresponding fee, according to their pre-established rates for such instances.
If the airline accepts the baggage and has received the appropriate fee due to excess baggage, but there is no available space to carry such luggage on the same aircraft that the the passenger is traveling, then the Carrier may transport the luggage on another flight, under its sole responsibility, informing the passenger, as soon as possible.
5.3. Banned Articles in Documented Baggage.
It is prohibited to carry any of the following items on Checked-in Baggage:
- Objects susceptible to risking the aircraft's safety, the passengers or the goods on board of such aircraft, according to what's stippled by the Civil Aviation Law and its guidelines, Domestic and International air regulations and in the manuals and conditions of the same Airline. Here are some but are not limited to the following:
- Flammable liquids or gasses (gasoline, paints, and gas refills)
- Firearms or Explosives (Ammunition, fireworks, signal flares)
- Industrial products or household goods (bleach, aerosols, mercury or solvents)
- Matches or Lighters
- Corrosive materials (acids, wet batteries, etc)
- Hazardous materials or substances
- Magnetized materials
- Oxidizing materials (like peroxide)
- Radioactive materials
- Chemical substances
- Portfolios or cases with alarm mechanisms installed
- Venoms
- Oxigen
- For international flights, objects that are prohibited by the laws or regulations applicable to the country of departure or arrival will be also forbidden.
- Objects that, to the Airline’s discretion could be dangerous or unsafe for the operation due to its weight, size or form, for which the Airline should take into account, among other things, the type of aircraft in use and if items are packed properly.
- Firearms or ammunition. If the Airline, accepts to transport firearms or ammunition, its transport will be subject to what the Civil Aviation Law and its Regulations establishes, in the current contract and in the Airline manuals, indicating among other requisites, that they should be transported unloaded, with the safe on, conveniently packed, in the aircraft's cargo compartment and with the authorization of corresponding authority for its possession and transportation. It is prohibit transporting more than 5 kilograms of ammunition, per passenger.
- Swords, daggers and similar objects.
- Fragile or perishable objects, money, currency, jewelry, artwork, precious metals, silverware, securities and any other valuable objects such as expensive clothes, optic devices, electronics, televisions, computers, video and photo cameras, radio frequency transmitters, business documents, passports and investment securities. The Airline will not be responsible for any lost, damaged or stolen articles mentioned above.
- Incubators or stretchers. All checked-in baggage should be inspected to confirm its content; such inspection could be done manually and in presence of its owner (passenger) or done through the use of electronic devices where the presence of the passenger is not necessary. If the Airline has reasons to suspect that the passenger could be carrying with him or in its luggage a forbidden item or one that could be considered a felony, then the Airline will call the corresponding authorities to take care of the situation.
The refusal of the passenger to appropriate luggage revisions shall entitle the Carrier to refuse service, without liability on its part and without obligation to return, reimburse, or refund the payment made for the service, or compensate the passenger in any way.
5.4. Baggage Claim.
The Passenger must pickup the baggage as soon as it is available after arriving to the destination. You must show the baggage receipt given by the airline in order to collect the baggage. If the Passenger fails to collect their luggage within 24 hours from the time after arrival of his flight, the Carrier may charge an additional fee for a deposit. If the baggage is not claimed within 15 (fifteen) days from the date that it was available for the passenger, it shall be considered as abandoned luggage, so the Carrier will not be liable for its loss, or any type of damage.
If the passenger looses the receipt to collect the checked baggage, then it will only be returned to the Passenger if he/she can fully prove that he/she is the owner. In any case, the Passenger will be forced to make no claims to the Airline in relation to the baggage being delivered without having been entitled to it, and to indemnify the Carrier for expenses or damage suffered.
5.5. Carry-on Baggage.
Each passenger is allowed to take up to two bags to the passenger cabin, whose combined weight should not exceed 22lbs. The Airline reserves the right of denying the transport of baggage that could risk the safety of the flight or the comfort of the rest of the passengers.
Carry-On baggage should easily fit under the seat in front of you or into the overhead bin compartment. If the Carry-on baggage can not be stored this way or if your weight is considered excessive or dangerous, its transportation will be denied or it will be transported as checked baggage, according to the Carrier, without having any liability for such decision. In case the Airline refuses to transport the baggage and as consequence the passenger decides not to take the flight, the Carrier shall be relieved of any responsibility and have no obligation to reimburse, refund or compensate the passenger for the cost of ticket, or compensate him/her in any way.
5.6. Articles Prohinited on Carry-on Luggage.
In addition to the items mentioned on 5.3 clause, it is prohibited to transport on carry-on Baggage balloons, balls or inflated balls, fishing rods, umbrellas, spears, darts, batons, domestic tools, surgical instruments or piercing objects, glass, mirrors and any other item that, could be dangerous to the passengers, crew or aircraft.
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6. Restrictions Special Transportation Conditions
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6.1. Animal Transportation.
The Airline reserves the right to deny or allow the transportation of animals. In such cases, its transportation will be subject to what’s established in the applicable laws and in the Airline procedure manuals, as well as the conditions established below:
- They may only be carried in passengers cabin, dogs and cats of "small breed/miniature" types, under the sole responsibility of the passenger and that, under the Airline’s judgement, represents no risk to the operation, or the passengers or crew, as long as it is proved by the documentation necessary for the emotional well-being of passengers. Only one animal per passenger will be allowed.
- Service dogs accompanying disabled persons may also travel in passengers’ cabin. All other animals must be transported in the cargo compartment and checked baggage. The transport of animals described in this paragraph, shall be subject to restrictions set by the Carrier on the number of service animals permitted to be carried in cabin and other guidelines considered applicable.
- The Passenger must ensure that the animals to be transported have all permits, certificates and records required for government purpose, which shall be made available to the Carrier for review.
- The Passenger must ensure that animals to be transported are properly cleaned and in cages/kennel cabs so as not to jeopardize the safety of the operation, as well as life, health, hygiene or physical integrity of the passengers and crew.
- The Carrier reserves the right to determine whether the animals, along with his cage, food and other accessories with which are transported are part of the maximum allowed baggage or if the passenger will exceed the baggage limit having to pay the appropriate fee.
- It is the responsibility of the passenger to have all the necessary documents for entering or exiting of the country, state or territory, regarding health or any other matter, necessary for the transport of animals having to cover all costs implied. The Passenger shall reimburse the Carrier any amount that had to spend in regards to what is stated here.
If passenger breachs any of these conditions, the Airline may refuse to transport the animal in question, without any liability on their part. It can also deny the transportation of an animal and if the passenger decides not to board the flight, the Carrier shall be relieved of any obligation to carry the passenger or the animal at a later date as well as to return, refund or compensate the passenger for the cost of ticket, or compensate him/her in any way.
6.2. Musical Instrument Transportation.
The Airline reserves the right to allow or deny the transportation of musical instruments. In such cases, its transportation will be subject to what’s established in the Airline procedure manuals, as well as the conditions established next:
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As a general rule, the instruments will be transported in the cargo compartment of the aircraft and, where appropriate, some fees established by the Carrier for excess baggage will be charged, this information is available at the different customer center offices or through www.interjet.com.mx The passenger is responsible for delivering the instruments properly packed and protected. The Airline shall not be liable for damages or deterioration suffered by the instrument in question, unless it is shown that there was fraud or negligence from the staff.
- If carried in cabin, musical instruments must fit under the seat or enclosed storage compartments designed for this purpose.
- The Airline, taking into account the safety measures of the operation and the harmony and comfort of other passengers, may authorize the transportation of a musical instrument occupying a passenger seat, as long as the passenger pays the appropriate fee, as if buying another ticket for a second passenger and always under the responsibility of the passenger itself. In this case, the Carrier shall not be liable for any damages suffered by the instrument. The instrument shall not weigh more than 66 (sixtysix) pounds.
If the conditions established before are not met, the Carrier reserves the right to refuse transportation of the instrument, without any liability on their part. If the Carrier refuses transport of the instrument and the passenger decides not to board the flight, the Carrier shall be relieved of any obligation to carry the passenger or the instrument at a later date, as well as to return, refunded or compensate the Passenger for the cost of the ticket, or compensate him/her in any way.
6.3. Transportation of Ashes.
The transportation of ashes will be permitted under the passenger’s sole responsibility as long as the traveler carries the ashes on an airtight container, appropriate for its use, in the passengers cabin. Also, the passenger must comply with the conditions established for Carry-On Baggage. In addition, the passenger will be force to show the cremation certificate.
6.4. Transportation of Pregnant Women.
The transport of pregnant women is subject to the following conditions:
- If pregnancy development at time of traveling is before the completion of the seventh month, the passenger would not need to comply with any special requisites.
- If pregnancy development is between the seventh and eighth month at time of traveling, the passenger must sign a letter releasing the Airline of any liability.
- If the pregnancy is at the eighth month or at a more advanced stage then, the Airline reserves the right to deny rendering the service, without any liability on their part. If the Airline decides to render their services, the passenger must sign the letter mentioned in the previous section.
In either case, the pregnant passenger will be forced to prove, through an original and recent medical certificate, the number of weeks of pregnancy and that traveling on an aircraft represents no risk for her or the baby. Otherwise, the Carrier shall be entitled to refuse the provision of service to the Passenger without liability and without being required to return, refund or compensate the cost of the ticket, or compensate her in any way.
6.5. Traveling Minors.
In compliance and application with what is stated on articles 33 of the Laws and 42 of the regulations of, the Airline can transport minors between 5 (five) and 18 (eighteen) years old minus 1 (one) day, traveling without the company of an adult, as long as one of the parents, person exercising parental authority or whoever has custody over the minor, request the Airline the transport of the minor, explicitly stating their authorization in writing, by filling and signing the corresponding form which is accessible to all passengers at the check-in counters of all airports where the airline operates, as well as in offices and contract service units that the airline provides. Likewise, the charges produced must be covered and will be available at the interjet's Centers or at www.interjet.com.mx.page. The indicated form must be handed to the Airline's employee when checking-in/documenting the minor and must specify the name of the person responsible for the child at the airport of destination. Such person must identify itself to the Airline’s personnel. The responsibility taken by the Airline under the provisions of the Act and Regulations mentioned above, will cease when the minor is delivered to the person responsible for him at the airport of destination. The airline will not be held responsible for checking the quality of those who bear signing the letter of authorization, thus free from any liability regarding the minor.
If the minor to be transferred according to what is stipulated on the above paragraph, suffers from a disease or is affected by a condition which requires special attention before, during and after the flight; the airline reserves the right to proceed with the child's transfer. According to the guidelines of operation, the Carrier may set the number of minors that can be transported without being accompanied by an adult.
The Airline shall be relieved of any responsibility in cases where, without fulfilling the requirements mentioned in two articles mentioned in the first paragraph of this clause 6.5, a minor unaccompanied by an adult is transported, either by obtaining the boarding pass providing false ID information or because the physical characteristics of the minor doesn’t help determine the child’s underage. If for any reason the Carrier becomes aware of the above circumstances, prior to the commencement of the flight departure, it could refuse to provide the service, informing the airport’s authority and handing the minor over to them, holding the parents, guardians or those having custody of the child responsible, without any obligation from the Airline to reimburse them or provide service in the future.
Aside from the previously stated, the transportation of minors traveling accompanied by an adult, will abide by the following rules:
- Minors younger than 5 (five) years should travel with an adult.
- Adult passengers can travel with 1 (one) infant younger than 2 (two) years old under their custody, without charge, but without seat assignment and without check-in baggage, as long as the minor's age is accredited reliably.
- Each adult passenger can travel under their custody with a maximum of 2 (two) infants younger than two (2) years old. In such situation, one of the minors could travel without having a seat assign but the second should pay the corresponding fare, like if it was an adult.
- The Airline reserves the right to transport infants younger than 7 (seven) days old. At its sole discretion, the Carrier may offer the service as long as the trip is supported by a medical prescription given in writing by a licensed professional. The parents of the infant must sign the Airline's format where it removes all the Airline's responsibility/liability regarding the matter. The medical certificate should be an original or a certified copy in order to be accepted.
The Carrier may ask at any time for proof of children or infants age, without which the Airline could refuse to provide the service without any responsibility nor obligation to return, reimburse or compensate for the ticket cost, or payoff the passenger in any way.
6.6. Transport of Handicap or Special Need Passengers.
The transport of passengers with special needs or handicap will be subject to the following:
- For security, transportation of passengers with special needs and disabilities shall be limited to the determinations of operation established by the Carrier.
- In circumstances of dependent passengers, he/she should travel with a companion, who must be self-dependent and provide assistance to the passenger during documentation, boarding, transfer and descent. In no way will a dependent passenger be transported, without a companion to assume full responsibility for its transfer.
- Persons requiring the use of oxygen in portable devices won’t be allow traveling.
- Passengers who are blind or visually impaired, if unaccompanied, must be independent, and in no case be assigned seats where emergency exits are located. These passengers may travel with a guide dog, which must be clean, equipped with a harness, leash and no muzzle, and located always at its owner feet. It is allowed for blind or visually impaired to travel with canes. Personnel in charge of documentation will inform them about the specific conditions of their transportation.
- For security, passengers older than 2yrs with different capacities, which can’t remain seated with the back rest on vertical cannot be transported.
- Passengers who must be transferred in stretches cannot be transported.
- Passengers who had surgery less than 10 days from the date of their flight or those who due to their physical-somatic condition must travel, will have to bring a medical certificate containing the doctor’s minimum information (name, specialty, license number and telephones), also mentioning specifically the condition of the passenger and the medical authorization to be transferred on airplane, without any risk and under the responsibility of the doctor signing the letter.
- Passengers suffering from schizophrenia must submit a medical certificate, waiver letter of responsibility and take one, preferably two companions responsible for providing assistance during documentation, boarding, transfers and descent.
- Passengers suffering from cerebral palsy or Parkinson's disease must present waiver letter of responsibility "Surgery Passengers or with Disabilities".
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7. Passengers Responsibilities
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7.1. Ticket or Confirmation Key Presentation.
The Airline reserves the right of denying the hired service when the passenger abstain to provide a Confirmation code or to hand the Ticket to the Airline's personnel requesting it. It also has the authority to deny service when the ticket has scratches, scrapes or alterations.
In case of loss or serious damage of Ticket or if the Passenger has forgotten the Confirmation Code, he/she may request a replacement to the Carrier at least 24 hours prior to date of flight, having to prove their identity and, in its case, pay the charges that for this purpose are disclosed at the customer care centers of Interjet ® or in its webpage www.interjet.com.mx
7.2. Passenger Identification.
At time of Check-In as well as boarding the aircraft, the passenger (adult) should present to the airline's personnel an official, current and valid a photo ID. The Airline reserves the right to deny the service if the passenger fails to identify himself in the above mentioned terms, without this creating any responsibility nor obligation to return, reimburse or compensate for the ticket cost, or payoff the passenger in any way.
7.3. Government Requirements for Internation Flights.
The passenger must meet the travel requirements established by government authorities, both national and international, so he/she must have the immigration documents for entry and exit and any others that may be required. Must arrive early enough in order to complete the paperwork and exit documentation.
The Airline is authorized to provide the identity and information of the passenger to the authority responsible for air safety in the United States, when flight’s origin or destination is such country. In case of refusing service to passengers, for reasons determined by the authority referred above, doesn’t mean nor brings any liability to the Carrier, which shall be relieved of the obligation of transporting the Passenger on a later date, from returning, compensating or refunding the service fee, or compensate the passenger in any way.
For passengers with citizenship in a country participating in the Visa Waiver Program of the United States of America, will be required to, at time of ticket purchase with the Airline with a destination somewhere in the US, prove to the immigration authorities of such country, to have an air transportation ticket out of the US, with a maximun validity of 90 calendar days after entering the United States of America.
7.4. Requirements for all passengers.
All passenger that hire the Airline's services for domestic and international flights, should provide the name and phone number of a contact person. The information provided will stay at the Airline's system until the segment of the flight has been covered and will be destroyed by the Airline after the flight arrival.
If the above requirement is not fulfilled before boarding, the Airline could deny its service, without any responsibility and without being committed to transport the passenger in a posterior date, nor compensate, repay or reimburse the cost of service.
7.5. Airport Regulations.
The Passenger must observe, respect, make & allow to be performed the necessary safety measures indicated in Airports or Airlines regulations, or of applicable laws and regulations, such as the inspection & luggage weight or the examination of documentation by both corresponding authorities and Airport’s or Airline’s personnel.
Failure to comply with what is stated in the preceding paragraph, will entitle the Airline to refuse to provide the service without any liability on his part and without obligation to make any type of return, refund or compensation for the rate paid by the Passenger.
7.6. Use of Electronic Appliances.
For security reasons, the Airline will limit or prohibit the use onboard of electric equipment, among which are included cell phones, portable computers (laptops, net books, smart books or similar made by the science innovation), printers, portable recorders, CD or cassette players, radios, or other portable music equipment (mp3, mp4 or similar developed by science advancement), electronic games or transmitting or receiving equipment, e-book readers, radio controlled toys and walkie-talkies. The use of earphones for hearing impaired passengers, with pacemakers, and other medical equipment will be allowed.
7.7. No Smoking.
It is strictly forbidden to smoke inside the aircraft.
7.8. Responsibilities for Denied Entry or Exit.
The passenger who is denied entry or exit on any country, state or territory, will be liable to pay any fine or charge imposed on him or the Carrier as well as the cost of transportation required to move the passenger back to the country, state or territory where he is returned to.
If as consequence of the established in the above paragraph, the Airline incurs into some expense, it is understood that he did on account of the passenger and he/she will be force to reimburse the Carrier, at its request, for the total expenditures and, the damages caused if any.
Either way, the Airline is entitled to refuse service to any passengers who lack the required documentation to enter the country of destination, being relieved of any obligation to transport the passenger at a later date as well as to return, refund or compensate the cost of ticket, or payoff the passenger in any way.
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8. Service Transportation Denial
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Without liability of the other established incidents in this medium, the Airline reserves the right to denied transportation service to passengers who are placed in the conditions indicated in Interjet’s Air Transport Passenger Services Contract.
- When the passenger fails to comply with the provisions of the laws, regulations or other governmental regulations applicable to the matter, or when any authority prohibit their transportation.
- When the Passenger arrives the documenting or boarding area, beyond the minimun times set in this contract.
- When the passenger, at any time before takeoff, utter threats or insults to other passengers, the airline staff, crew or any third party, or when clearly adopts an scandalous or offensive attitude.
- When the passenger shows visible signs of having consumed too much alcohol or drugs, except when in possession of a medical certificate stating expressly that the conditions of the Passenger does not endanger his/her own life, health as well as the passengers or crew.
- When the passenger presents obvious signs of disease or illness, making the Airline staff assume, at first glance, that the passenger’s transfer could represent a risk to his/her health, except when in possession of a medical certificate expressly stateting that the conditions of the Passenger does not endanger his/her own life or health, or those of other passengers or crew.
- When the passenger has proven records of riots or other destructive or provocative acts, either with the Airline traveling with or any others.
- When the passenger refuses to participate in the control or safety procedures or baggage check, in accordance with the laws and regulations.
- When the passenger fails to pay in full the cost of service, as well as the taxes, rights and / or applicable charges.
- When the passenger does not have valid documents required to make the trip in question; when having them refuses to provide them to the personnel’s Airlines, or when not in compliance with government or international requirements or regulations in effect.
- When the Ticket or Boarding Pass presented by the Passenger:
- Has been acquired illegally or purchased through unauthorized means by the Airline or stolen credit or debit card or whose charge is not recognized by the card holder prior to flight’s take off.
- Pertaining to a ticket or Boarding pass which has been reported as stolen or lost and has been replaced.
- When a ticket or boarding pass was issued or modified by a person other than the Airline’s staff or authorized agents, or when it has been damaged.
- When a ticket or boarding pass was issued or modified by a person other than the Airline’s staff or authorized agents, or when it has been damaged.
- Any other circumstances where, to the Airline’s opinion, could risk the safety of the operation. The life, health, comfort, physical or emotional integrity of the rest of the passengers or crew.
In any of the mentioned conditions, the Airline could deny the service without any liability from their part, and will be exempt from returning, refund or compensating the cost of ticket, as well as to reimburse the passenger in any way. The Airline will not be held responsible for collateral damages, direct or indirect, specific or incidental, that result from the deny of service in regards with the terms of this clause or of any other established in this medium.
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9. Cancelations
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9.1. Airline Changes and Cancelations.
The Airline shall be entitled to reschedule, cancel, terminate, deviate, postpone or delay any flight, if to the Ailine’s opinion, there is a reason justifying it, and with the purpose of preserving the safety and feasibility of operation.
In some situations, the use of another airline services may be employ to provide the contracted service. This determination will be exclusively authorized by the Airline, but must have the consent of the passenger, because in case of refusal from his/her part the provisions in Article 52 of the Civil Aviation Act will take effect, in the terms outlined below.
9.2. Flight Cancelation Responsibilities.
If there is a flight cancelation due to causes attributable to the Carrier, the provisions by the Law Article 52 will apply.
9.3. Responsibility for Route Cancelation.
When the airline is forced to cancel a route, its obligation will be limited to reimburse each of the passengers who had purchased a ticket to travel at a later date from the cancellation, the ticket cost and, when appropriate, the payment compensation cannot exceed the percentage established by Article 52 of the Civil Aviation Act.
Beside from the obligations referenced on the above paragraph, the Airline will have no obligation to compensate the passenger for damages, if any, suffered from a route cancellation.
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10. Airline’s Responsibility
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10.1. Compensation for Damages to the Passenger.
If, for reasons directly attributable to the Airline, a Passenger suffers some physical/personal damaged during the journey between boarding the aircraft and landing at the destination, the Carrier shall be forced to compensate the passenger.
The compensation referred to in this clause, will be calculated in accordance with the provisions of article 1915 of the Federal Civil Code, and the result will be multiplied by three (3) as disposed in Article 62 of the Aviation Act. In no event shall the compensation exceed the amount obtained in accordance with the indicated above.
In no case will the Airline be considered as responsible for the damages suffered by the Passenger, or of the suggested consequent damages, indirect or compensatories.
The Carrier shall not be liable to compensate the passenger in cases where the damage results from the Carrier’s fulfillment of laws, regulations or government stipulations, or when the passenger has violated any of the dispositions.
10.2. Deadline for Claims due to Damages to the Passenger.
Claims for damages to the passenger, must be filed within one (1) year, starting from the day after the damage in question was made. Failure to provide timely and in writing the claim herein mentioned, will exempt the Carrier from the obligation to pay any type of compensation.
10.3. Compensation for damages or lost Baggage.
In case of damage or loss of baggage, the Airline will be obliged to compensate the passenger, upon previous verification of the loss or damage worth. The Carrier shall not be obliged to compensate the passenger for damages or resulting damages that may suffer, and the amount of compensation set above cannot exceed the equivalent of seventy-five (75) days of minimum wage salary current at the time in Mexico City in accordance with Article 62 of the Civil Aviation Act.
For damages or loss of Carry-on baggage, the Airlone will be forced to compensate the Passenger, upon proof of the value of the loss or damage. The Airline will not be forced to compensate the Passenger for damages or resulting damages that may arise, and the amount of the compensation indicated earlier cannto exceed forthy (40) days of minimun wage salary current at time of incident in the Mexico City, in accordance with Article 62 of the Civil Aviation Act.
The Airline will be exempt from all type of responsibility when the damage derives from overweight baggage.
10.4. Deadline for Damages or Lost Baggage Claims.
Claims for damages to Checked Baggage must be submitted to the Carrier within 15 (fifteen) days, starting from the date of luggage delivery or the date in which the baggage was supposed to be delivered. Failure to provide the claim timely and in writing here mentioned, will exempt the Airline from the obligation to pay any type of compensation.
10.5. Reimbursements.
The Airline will have no commitment in returning, reimbursing or compensating, in any way, the cost of the hired services by the passenger, unless in situations where the loss of service was caused directly by the Airline.
Where appropriate reimbursement is indicated, in terms of Article 52 of the Civil Aviation Act, and when part of the service has been used already, Carrier will only reimburse the amount corresponding to the portion of service not rendered.
For process reimbursement, in cases when it is indicated, the Passenger must request it in writing, including the ticket or the assigned Confirmation Code as well as a copy of an official and current photo ID.
10.6. Responsibility for Landing in a different location to the Destination.
When the aircralft, due an emergency or fortuitous situation, has to land in a different place from destination, the passenger is entitled to be transported on behalf of the Airline to such destination, as soon as possible.
10.7. Causes for Excluding of Responsibility.
The Airline is not forced to make any finantial compensations or refunds to the passenger for flight delay, detour, replacement or cancellation, due to unforeseeable circumstances or emergencies. In an enunciated, but not limited way, are considered excluding of responsibility the adverse weather conditions, wars, terrorist acts, causes attribute to airports, aircraft agencies or authorities, fires, floods, earth movements, earthquakes, natural disasters, epidemics and other restrictions caused by quarantine announcements, acts from any authority, strikes and other employment problems, and deficiencies in the supply of airport and other associated service providers.
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11. Insurance
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The Airline will have and keep up to date the liability insurance in the terms and amounts specified in the Civil Aviation Act and its Regulations.
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12. Group Services
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The simultaneaous acquisition of electronic tickets for a number greater than 9 (nine) Passengers, must be made through the departmenbt or area assigned for such task by the airline.
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13. Disruptive Passengers
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Will be considered disruptive passengers whose conduct during the flight, according to the Carrier’s crew, endanger the safety of passengers, crew, aircraft or jeopardize the the flight operation, hinders the performance of the crew in the fullfilment of their duties or fail to comply with the instructions of the crew, including but not limited to, the instructions relating to NO smoking or consumption of alcohol or drugs, the use of cell phones or laptops; cause discomfort, inconvenience, damage or injury to other passengers or crew, who utters threats or insults to other passengers or crew personnel, and / or behave in a scandalous or offensive way toward the rest of the passengers or crew.
In any of the above scenarios, the Airline could take the necessary measures to prevent the continuation of such conduct, including the decision to land the disruptive passenger on a different and more immediate point to the destination, as well as to hand him to the corresponding authorities and to establish the appropriate procedures against him.
In the event where a decision of this nature has to be made, it will be understood that it is taken to protect the safety of the aircraft and passengers, so the airline and its crew members will be exempt from any civil liability, penal or of any other type against the disruptive or rest of passengers. Also, the Disruptive Passenger shall indemnify the airline for all the damages caused, such as fuel ove consumption, payment of airport services, delays on other flights and, in general, any expenses incurred by the Airline, any amount ceased to receive and any damage to public image or credibility.
The Airline reserves the right to continue to render transportation service to the disruptive passengers in subsequent occasions, whithout any liability on their part.
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14. General Conditions
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14.1. Headings.
Clause headings on this contract have no other purpose than to be easily identified, and therefore do not affect, in any way, their interpretation.
14.2. Information & publicity.
The information and publicity provided, displayed or distributed by the Airline, by any means, will be clear, accurate and free of graphic descriptions or elements that create confusion, deception or confusion to the Passenger.
14.3. Modifications.
The Airline reserves the right to adapt, modify or correct at any moment the context of this contract, subjecting to such effect to the provisions of the Civil Aviation Lay and its regulations.
In any case, the service will be rendered in accordance with the terms and conditions valid at the time of purchase, unless otherwise disposed by law.
Neither the passenger nor any agent or employee of the Airline is entitled to alter, modify or waive any of the terms nor conditions set forth in this medium.
14.4. Language.
The language used in drafting this contract/agreement is English. Translations to other languages can be made; in case of doubt or interpretation, the Spanish version shall prevail.
14.5. Contract Content Validity.
Even if any provision in this medium might be invalidated by court order, the rest of the provisions will remain valid and effective, and wil continue to be considered mandatory for the parties involved.
14.6. Applicable Jurisdiction and Legislation.
The resolution of disputes arising from the application, implementation/execution, enforcement or interpretation of this instrument, shall be subject to the provisions of the Federal Civil Code, the Civil Aviation Act, the Regulations of the Civil Aviation Act and the Federal Consumer Protection Act as well as to the courts jurisdiction of the common law in Distrito Federal, Mexico, giving up any other jurisdiction that may concern the passenger either presently or in the future because address or neighborhood.
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