Passengers and Luggage Air Transportation Agreement
1. GENERAL CONDITIONS
1.1. All air tickets issued are personal. Notwithstanding, pursuant to the provisions in Article 66.7 of the Consumer Code, only air tickets purchased within the Peruvian territory may be endorsed. (See conditions and charges for reimbursements).
1.2. This air ticket is valid for use for one year as of the date issued, unless it indicates otherwise on the ticket itself, or in the company's fare or in the conditions of the related regulations. Each fare is subject to conditions and restrictions.
1.3. Without prejudice to the foregoing, pursuant to the provisions in Article 66.7 of the Consumer Code, only the carriage service of air tickets purchased within the Peruvian territory may be postponed.
1.4. The passenger shall inform if he has a national or international connecting flight with connection time in line with the minimum times established. Carrier shall not be responsible for missed connecting flights not previously informed.
1.5. If the passenger should have an air ticket with more than one route and should fail to board the first flight segment, all segments reserved shall be automatically cancelled and it shall be the responsibility of the passenger to reserve a return flight at the fare available at the time the change occurs. If the fare at which the air ticket was originally purchased should not be available, the passenger shall pay any fare difference, as well as the charges set forth in the fare conditions..
1.6. It is the responsibility of the passenger to be informed, to obtain and to comply with positive identification documents required to travel; Carrier shall deny boarding to any passengers who fail to present the required documentation or whose identity does not match the identity indicated on the Boarding Pass.
1.7. In the event that in a flight there should be more passengers with confirmed reservations than available seats, who have checked in within the minimum time required, Carrier shall ask for volunteers to give up their confirmed seats in exchange for an agreed compensation. If there should be insufficient volunteers and passengers should have to be denied boarding, such passengers shall be entitled to the services set forth by the applicable legislation.
1.8. Carrier agrees to provide diligent service and to comply with departure and return flight schedules as set forth in the electronic ticket. Carrier may vary departure or arrival time due to external situations (not limited to acts of God or force majeure) or cancel the operation, provide carriage through other companies, change the aircraft assigned to the operation or skip stopovers indicated in the carriage ticket. Carrier is not responsible for guaranteeing connecting flights acquired by a passenger through a third party.
1.9. Flights made by Carrier may have stopovers. Therefore, before purchasing an air ticket it is the obligation of the passenger to obtain information regarding the flight origin, so as to make any pertinent provisions. Carrier reminds that flight delays may occur on departure or arrival, due to delays produced in intermediate points.
2. LIABILITY CONDITIONS
2.1. No valuable objects (money, precious items, etc.) fragile items or easily damaged goods (laptops, photographic cameras, tablets, etc.) should be included in the checked luggage. The loss or damage of these items is not covered by the Insurance companies.
2.2. Claims for damages or partial or total loss of checked luggage should be placed before leaving the airport, without prejudice to proceeding pursuant to the provisions set forth in Article 120.1 of the Civil Aviation Act. Insurance premiums paid by the Company shall only cover domestic currency amounts. The amount covered for losses and liability is limited to the insurance purchased.
2.3. Carrier liability for losses, delays or damages to luggage is limited, unless its value has been declared in advance and additional charges have been paid. Carrier's liability is limited to not more than 17SDR (Special Drawing Rights) per kilo of checked weight, pursuant to the provisions in Article 270 of the Civil Aviation Act Regulations, D.S.050-2001-MTC.
2.4. In all matters concerning Carrier liabilities and others issued in connection with this agreement, the parties subject themselves to the provisions of the Peruvian law, in particular, to the provisions of Law 27261, Civil Aviation Act and regulations thereof; subjecting themselves, as well, in the event of conflict or dispute, to the jurisdiction of the Peruvian courts. In addition, the provisions of the Peruvian Civil Code shall also apply.
2.5. The Captain is the highest authority on board the aircraft and, therefore, he/she may take the safety measures deemed necessary for the flight, including the disembarkation of a passenger or goods that may pose a risk for others or for himself.
2.6. Carrier reserves the right to refuse and/or interrupt, without liability, the carriage of any person or passenger who:
a. Is under the influence of alcohol or of drugs or other narcotics.
b. Carrier reserves the unrestricted authority to deny carriage in any segment of the flight itinerary purchased by the passenger, if he/she should estimate that the passenger may pose a risk to the safety of the flight or of the passengers, if his/her condition and appearance may cause unrest among the passengers or aircraft crew, especially if he/she should evidence an attitude or behavior that may represent, on land and/or on board, an act contrary to the instructions imparted to the crew or to any employee of Carrier.
c. Whose physical or health condition is not appropriate to travel.
d. Fail to meet government requirements established to travel and who lacks departure or entry documents, visas and other immigration or health requirements necessary to travel.
e. Persons who due to their health condition should require to travel accompanied by medical personnel should obtain information and comply with the requirements set forth by the legal provisions in force and should hold all authorizations from the corresponding health establishment; otherwise, in order to safeguard the health of the patient and/or of the other passengers, Carrier may deny boarding the aircraft. The same requirement, to obtain due information and requirements that must be complied with to board a flight applies to passengers with some disability, unaccompanied minors, infants, passengers accompanied by a service and/or emotional support animal or any other who may present a special condition, lacking which Carrier may deny boarding.
f. Carry weapons, ammunition, explosives, flammable substances or any object that may represent a hazard to the passengers or to the cargo.
g. May fail to be at the airport at the time set by Carrier and with maximum anticipation of forty (40) minutes prior to the time set for the flight, hence, being unable to complete all check-in, boarding gate and departure formalities.
3. LUGGAGE CONDITIONS
The passenger must carry a luggage and take into consideration the permitted weight, measures and amount. The free luggage allowance is established according to the type of acquired fare. Every excess must be paid according to the regular fare applied by the conveyor.
3.1. Allowed hand luggage (carry-on)
Hand luggage is all personal effects free of charge, transported by the passenger inside the aircraft’s cabin and in his or her custody and responsibility. In addition to the permitted duty-free exemption, the passenger may carry one personal item which should not exceed 4kg and meet the following dimensions: height 40cm., wide 35cm. and depth 20cm.
The following items are considered hand luggage:
• Walking canes.
• Small camera.
• Reading material.
• Small duty free bag.
• Baby carriage (folding).
• Baby products for the trip
• Handicapped passenger are allowed to carry additional items such as crutches, orthopedic items, a folding wheelchair and a service animal.(Guide Dogs)
According to the Aeronautical Regulations, every hand luggage must be placed in the aircraft overhead bin or under the front seat. Any oversized or irregular-shaped hand luggage, which cannot be placed in the overhead bin or under the front seat, will not be accepted and will need to be registered. Therefore, every luggage that does not meet the abovementioned conditions must be sent to the freight holder.
Sometimes there will be additional restrictions regarding the hand luggage, depending on the main bins capacity of our aircrafts. These restrictions may be applied even after getting into the aircraft. Thus, some hand luggage may be required by our personnel in order to be loaded in the freight holder. If this procedure is performed, the Passenger will receive a voucher which should be removed when he or she arrives at his or her destination.
For more information regarding your luggage, please click here.
3.2. Hazardous Materials
The following items are considered HAZARDOUS MATERIALS and may affect your safety, as well as the safety of all passengers. Therefore, these are the following items which cannot be carried as luggage:
a. Explosives: Grenades, explosives, munitions, incendiary material, gunpowder, fireworks, illuminated signals, lighter fluid.
b. GAS: Highly refrigerated compressed gases, flammable, slow combustion or poisonous gases such as el butane, oxygen, liquid nitrogen.
c. Flammable Liquid: oils, fuels, flammable alcohols, fuel, ether, paints, thinner.
d. Flammable Solids: Substances liable to spontaneous combustion. Substances that, in contact with water, emit flammable gases. For example: camphor, sulfur, phosphorus.
e. Oxidizing materials: calcium chloride, peroxides, ammonium, nitrate fertilizer.
f. Toxic and infectious substances: poison, infectious materials such as insecticides, pesticides, weed killers, viral organic products.
g. Corrosive Material: Flammable substances such as acids and ammonia. Alkaline substances such as mercury or batteries containing liquids. Toxic substances, including gases, either pressurized (aerosol spray cans) or non-pressurized. Charge for fire extinguishers and fires. Solvents, diluents, thinners.
h. Radioactive Material: Any material containing radionuclides (radioactive material) above a determined value. For example: actinium, bromine, cadmium, dysprosium, and europium. Please read the regulations.
i. Weapons: Related to any item or object made or used for attack and defense, such as firearms, munitions, bladed weapons, gases, electric shock items, sharp objects, blunt objects, etc. In order to guarantee a safety flight and meet current regulations, the conveyor and the airport security staff may confiscate and then destroy dangerous items or substances which are transported by the passenger in the checked or hand luggage.
The abovementioned list is subject to changes and, pursuant to the regulations, every passenger must report to the Airline about the existence of any dangerous item. For more information about hazardous materials, please click here.