Passengers Air Transportation Contract




This Passenger Air Transportation Contract (the “Contract”) is made and entered into by and between OCEANAIR LINHAS AÉREAS S/A - "AVIANCA", a company registered under CNPJ 02.575.829.0001-48, herein referred to as "AVIANCA" and “Passenger”, herein referred to as “Passenger”, subject to the following provisions and current laws and regulations, especially the Brazilian Aeronautical Code (Law No. 7.565, of December 19, 1986), the Resolution No. 400 of December 13, 2016, of the National Civil Aviation Agency (ANAC), the Convention of Warsaw of 1929 (for international transportation) and the Law No. 8.078/90 - Consumer Defense Code.

 

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

DEFINED TERMS: COMPANY: means the carrier OCEANAIR LINHAS AÉREAS S.A. "AVIANCA".

AIR TICKET: means the document issued whether in paper or in electronic media that proves the acquisition of the air ticket, showing the first and the last names of the passenger, flight time and date and if applicable the procedures and boarding time, products and services acquired and period of validity of the air ticket.

BAGGAGE CHECK: means the document that proves the checking of the baggage by the Passenger. PASSENGER or PASSENGERS: means the user of the air transportation service provided by AVIANCA.

AIR TICKET: means the document that proves the air transportation service contracting with AVIANCA.

PENALTY: means the penalty that will be applied to the Passenger in case of noncompliance with the transportation conditions contracted initially, corresponding to date, itinerary or time change and cancellation. Such penalty will be consistent with the Price Policy relating to Air Ticket.

PRICE POLICY: means the conditions applied to the Price base of the Air Ticket, which can be consulted at any moment, even before the purchase of the Air Ticket, in Avianca Website, which includes all corresponding benefits and penalties. PRICE: means the amount paid for the air transportation service duly registered by the National Agency of Civil Aviation (ANAC).

AVIANCA WEBSITE: means www.avianca.com.br.

 

1. PURPOSE

1.1. The purpose of the Contract herein is the contracting by the Passenger of air transportation services rendered by the Company, considering the itinerary, the date and the time stated on the Air Ticket and in compliance with all of the remaining dispositions provided herein.

1.2. For all legal purposes, the purchase of an Air Ticket means the acceptance of the applicable Price Policy and of the dispositions of this Contract which is available at Avianca Website.

 

2. AIR TICKET PURCHASING OF AIR TICKETS

2.1. The Air Ticket is personal and non-transferable, valid only to the Passenger identified at the time of purchase and shall not be endorsed.

2 2.1.1. The Passenger may request the correction of spelling mistakes in his/her first or last name, until the moment of check-in. However, the error should be proved by submitting a valid document.

2.1.2. If the spelling alteration involves the Air Ticket of an international flight involving different operators (interline), the correction costs will be supported by the Passenger.

2.2. The Air Ticket will be valid for the period stated on it, during which it can be altered and/or cancelled, at any time, as long as the remaining conditions provided herein and the applied Price Policy are observed. After such period, the Air Ticket will be automatically cancelled and no further changes will be possible.

2.1. If the Air Ticket does not include the period of validity, this should be considered as 1 (one) year from de date of issue.

2.2.2. If the alteration requested by the Passenger involves any difference between the amount of the original purchasing price and that of the new Air Ticket, he/she should pay for such difference or it will be returned to him/her as a credit amount.

2.3. When the Passenger chooses to purchase the Air Ticket with a travel agent, he/she should request the inclusion of his/her personal contact data in the booking information, so that the Company contacts him/her directly in case of any alteration to the flight.

2.4. An Air Ticket purchased at the Customer Contact Center or on the Avianca Website may be paid with a bank slip, provided that the purchase is made at least 15 (fifteen) days before the date of the trip and the payment term is of 1 (one) business day, under penalty of cancellation of the reservation made.

2.5. When the purchase of the Air Ticket is made with a credit card, for Passengers’ safety the company may before the check-in require documents that proof the credit card title and in case of inconsistency the Passenger boarding may be denied.

2.6. Air Tickets that are not purchased directly on the Avianca Website will carry an additional fee (“DU”) to be transferred to third parties (“DU”), as follows:

a) For tickets purchased at the Customer Contact Center or at the Company Stores, an additional fee (“DU”) will be due. If the purchasing Price is equal to or less than R$400.00 (four hundred Reais) the applicable fee will be equivalent to R$40.00 forty Reais) and if the purchasing Price is higher than R$400.00 (four hundred Reais) an additional fee of 10% will be due;

b) When the purchase is made with a travel agency, the latter will collect the fee related to the transfer to third parties corresponding to the services rendered and in compliance with paragraph “a” above;

c) There will not be any additional fees for the issue or transfer to third parties relating to Air Tickets acquired through Avianca Website. However, if the Passenger needs any changes to the Air Ticket, that will only be made at the Stores or at the Customer Contact Center of the Company and in such case the fee for additional issue is applicable as per paragraph “a” above.

2.6.1. Should the Passenger change his/her Air Ticket, at his/her own convenience and if there is an increase on the Price originally paid, the residual value for the additional issue or transfer to third parties shall be paid by the Passenger under the above established conditions.

2.7. If the Passenger requires more than a seat for his/her accommodation, the Company may charge the Passenger for the acquisition of the additional seats to be occupied.

2.8. Passengers in need of special aid will be awarded a discount of 80% (eighty percent) on the reservation of additional seats for his/her accommodation and for the transportation of medical equipment. 

2.9 If the acquired Air Ticket includes itineraries operated by another air company, the conditions and regulations established by each carrier should be observed.

 

REIMBURSEMENT

2.10. The Air Ticket shall be reimbursed by the Company, with no penalty: (i) if the trip is cancelled by the Company; (ii) if the Company has scheduled trip alterations but has not noticed the Passenger 72 (seventy two) hours previously to the travel time and the change of the departure or arrival is more than 30 (thirty) minutes for domestic flights or 1 (one) hour for international flights; (iii) if there is an estimated delay of more than four (4) hours in the beginning of the trip and therefore the Passenger cancels the use of the acquired transportation services; and (iv) if the Passenger cancels the purchase within 24 (twenty-four) hours from the moment he receives the Air Ticket, provided that the cancellation is made at 7 (seven) or more days in advance of the scheduled departure.

2.11. Except as per clause 2.10, if the Passenger requests the cancellation or change of the Air Ticket regarding date, time or itinerary, the Company may apply the Penalty established by the Price Policy.

2.11.1. In case of cancellation, the Penalty will be discounted from any amounts considered for reimbursement to the Passenger.

2.11.2. In case of alteration of the Air Ticket, the Penalty should be paid by the Passenger, in the moment of his/her request.

2.12. An Air Ticket cancelled on the Passenger’s sole responsibility will not be reimbursed as per current legislation.

2.13. The Company will reimburse the amount paid for the Air Ticket within 7 (seven) days from the request. That should be made through the same resources used for its acquisition, provided that the following is taken into consideration:

a) Air Tickets acquired with a credit card: the Company should send the cancellation request of the corresponding amount to the administrator of the credit card within 7 (seven) days from the request, after deduction of any Penalties due. The credit for the latter shall be made available by the credit card administrator, according to its specific applicable procedures;

b) Air Tickets acquired with a travel agency: the reimbursement should be requested directly to the agency, which shall accomplish the reimbursement within 7 (seven) days from the request, after deduction of any Penalties due;

c) Air Tickets paid with a bank slip, direct debit transfer or in currency: the reimbursement shall be made to the Passenger or to the third party expressly indicated by him/her, after deduction of all incidental penalties applied.

2.13.1. Upon making the reimbursement request, all the information needed and required by the Company should be informed so that the request is processed within the above established deadline.

2.13.1.1. If any of the submitted data is wrong, the deadline for reimbursement will be re-scheduled until the complete information is correct.

2.14. The processing of the reimbursement of the Air Ticket, when applicable, will apply any currency exchange variation from the acquisition date to the effective reimbursement date.

 

3. BOOKING AND WAITING LISTS

3.1. The booking of the Air Ticket will only be confirmed after the system confirms the payment. The corresponding Air Ticked will then be delivered showing the number of the passenger locator to confirm the overall information on the acquired trip.

3.2. Waiting lists can be opened after the time allowed for confirmed Passengers to present having elapsed the period for the Passengers with confirmed booking present 4 themselves for the boarding and then the Passengers in that list will start to be called under applicable regulations.

3.2.1. The Company does not take the responsibility for the boarding of waiting list Passengers since it is a condition precedent that will depend on the total capacity of the aircraft and on the cancellation of confirmed reservations.

 

4. BAGGAGE

4.1. The Passenger, when purchasing an Air Pass, is assured of the transportation of a single volume of hand luggage for the accommodation of objects for personal use only, unless authorized by the Company to carry more than one volume, which will be handled by the Passenger, without payment of any additional.

 

4.1.1. The hand luggage must comply with the following size: 55 centimeters in height; 35 centimeters wide; 25 centimeters deep and its maximum weight shall be that established by the Company at the time of acquisition of the Air Pass, never less than 10 (ten) kilos per Passenger.

 

4.1.1.1. If the amount of hand baggage exceeds the dimensions and / or weight set forth above, the Passenger must mandatorily dispatch such baggage, bearing the amount of the excess weight if any and in accordance with the Tariff Rule applied. If the Tariff Rule applied to your Air Travel does not contemplate the dispatch of luggage, then it will be considered an accessory contract, applying the commercial conditions in force at the time.

 

4.1.2. The Passenger shall be responsible for the integrity of his or her hand baggage, and the Company shall not be liable for any loss, theft or damage that may occur with it, which shall remain under its custody and surveillance during the flight.

 

4.2. Also, according to the Tariff Rule applied to the Air Pass, the Passenger may have the right to carry checked baggage or, if the Tariff Rule applied does not contemplate such transportation, the latter may opt for the contract, which will be considered an accessory contract to the Passenger. this Agreement.

4.3. The baggage will be considered checked when delivered by the Passenger and registered by the Company, at which point the Company's responsibility for its transportation begins, ending with the receipt of the same by the Passenger.

 

4.3.1. The Passenger may only dispatch the baggage for transportation on the same flight for which it has Air Pass issued in its name.

 

4.3.2. Checked baggage must be securely packed in accordance with the usual transport standards and the sum of the dimensions of each volume shall not exceed 158 cm and the total weight of each package shall not exceed 45 ) pounds.

 

4.3.3. The Passenger wishing to transport goods whose value exceeds 1,131 Special Drawing Rights (DES) must make the Special Declaration of Value with the Company at the time of check-in, by filling out a specific form provided by the Company and, in this case, the luggage shall be subject to inspection by the Company, in a reserved area, in the presence of the reporting Passenger.

 

4.3.3.1. The Passenger can consult the value of each DES through the website of the Central Bank of Brazil (www.bcb.gov.br).

 

4.4. Upon check-in, when there is baggage to be dispatched, the Company must deliver to the Passenger the Baggage Note, which should include the date of issue, destination, number of proof of dispatch and number of packages dispatched.

 

4.5. The Passenger must consult the rules for dispatch of his luggage and any restrictions on the Avianca Website or through the Customer Service before taking the Air Ticket, observing the following:

 

4.5.1. The Passenger must observe the allowances allowed for the dispatch of his baggage in the applicable Tariff Rule; if the baggage is not allowed, the transport of this luggage will be by accessory contract, whose commercial conditions for the transportation of each volume can be consulted through the Avianca Website or Customer Service.

 

4.5.1.1. If the Tariff Rule contemplates the transportation of checked baggage, the Passenger must pay attention to the limit of volumes and respective weight of each one, otherwise the excess weight value will be charged and the additional contracting of the transportation of the volumes exceeded, observing the commercial conditions applied at the time.

 

4.5.2. The allowance cannot be used to transport live animals and to transport certain restricted objects, for which a specific tariff will be payable and their transportation will be subject to availability on the flight.

 

4.5.3. Notwithstanding the Passenger's duty to observe all the rules for boarding his baggage, pursuant to Clause 4.5, the following should be considered:

 

(a) The following items shall be prohibited on domestic and international flights, either by checked baggage or by hand baggage: (i) alarm devices; (ii) explosives, including empty cartridges, ammunition, pyrotechnic material, hunting weapons, handguns and fireworks; (iii) gases (flammable, non-flammable and poisonous), such as butane, oxygen, propane and oxygen cylinders; (iv) flammable liquids used as fuel for lighters, heating or other applications; (v) flammable solids, such as phosphorus and easy-to-ignite articles; (vi) spontaneous combustion substance; (vii) a substance which, in contact with water, emits flammable gases; (viii) oxidizing materials, such as lime powder, chemical bleaches and peroxides; (ix) poisonous (toxic) and infectious substances, such as arsenic, cyanides, insecticides and defoliants; (x) radioactive materials; (xi) corrosive materials, such as mercury, acids, alkaloids and batteries containing corrosive liquid; (xii) magnetic materials; (xiii) biological agents, such as bacteria and viruses; (xiv) white weapon; and (xv) electric skate.

 

b) It is prohibited to carry the following items in domestic flights by hand baggage: (i) Pistols, firearms and other devices that fire projectiles; (ii) Neutralizing devices (shock rods, gas and / or neutralizing spray); (iii) Pointed or sharp objects (knives, pocket knives, scissors and multifunctional instruments with 6 cm lower blades are permitted); (iv) Work tools (tools with blade or rod less than 6 cm in length are allowed); (v) Strong instruments; (vi) Explosive or incendiary substances and devices (Aerosols may be shipped provided that for personal hygiene use, not exceeding the quantity of Up to four vials per person and the contents in each vial is less than 300 ml or 300g .); (vi) Chemical, toxic and other hazardous substances; (vii) Other (Alarm devices and materials that may interfere with aircraft equipment and which are not related among permitted electronic devices such as cell phones, laptops, electronic games, Pager, which are in controlled use on board aircraft.)

 

c) It is prohibited to carry the following items in international flights through hand luggage: (i) Any cutting instrument; (ii) Corkscrews; (iii) walking sticks; (iv) Tennis racket; (v) any lighter; (vi) phosphorus, in any quantity or presentation; (vii) Aerosols.

 

c.1.) In the case of transport of liquid substances, including gels, pastes, creams, aerosols and the like, by hand baggage, on international flights, the Passenger shall observe: (i) All liquids shall be bottles with capacity up to 100ml; (ii) Liquids conducted in vials with a volume greater than 100 ml may not be transported, even if the vial is partially filled; (iii) All vials shall be placed in a transparent, resalable plastic package containing a maximum capacity of 1 liter and shall be slack in the sealed package; (iv) The plastic packaging shall be presented for visual inspection at the point of inspection of boarding passengers, with only one plastic bag per passenger permitted; (v) There is no restriction on the transport of empty bottles; (vi) Excepted from the limits referred to medicinal articles with due medical prescription, the feeding of babies and liquids from special diets, in the quantity

 

4.5.3.1. The items described in item "d" above may only be carried by the Passenger through hand luggage and under his responsibility.

 

4.5.3.2. For the purposes of point (d) above, fragile objects are those composed of glass, crystal, porcelain, ceramics, gypsum, Styrofoam, clay, acrylic, cardboard, ornamental stones, among others which by their very nature are considered fragile ; and works of art.

 

4.5.3.2.1. The Passenger may request the transportation of fragile items through checked baggage, provided that he assumes full responsibility for any damage and / or damage that occurs to the same from the transportation. In this case, the Passenger exempts the Company from responsibility, and it is not necessary to demand any indemnification resulting therefrom.

 

4.5.4. The Passenger is obligated to indemnify the Company for any costs incurred in the withdrawal or transportation of prohibited items or substances, as well as any damages resulting therefrom.

 

4.5.5. The Company shall not be liable for any loss or damage resulting from any nature whatsoever to check baggage containing any item prohibited from transportation.

 

4.5.6. The Airport Authority shall require the Passenger to discard any item prohibited for transportation, not responding to the Company for the damages arising therefrom.

 

4.6. At any time during the trip, for safety reasons, the Company may refuse to carry any baggage, including changing its type between checked baggage and checked baggage.

 

4.7. The Passenger must refuse to receive any package or object from persons unknown for transportation through his or her checked baggage or checked baggage.

 

4.8. The Passenger in need of special assistance will be entitled to a discount of 80% (eighty percent) for payment of excess baggage, in case of transport of technical aids or indispensable medical equipment.

 

4.9. The receipt of checked baggage without protest by the Passenger results in its acceptance and exempts the Company from any liability thereunder.

 

4.9.1. If any damage or violation to the baggage is identified, the Passenger must notify the Company within seven (7) days of receipt in writing, in order for the Company to analyze the occurrence and, if appropriate, adopt the measures needed.

 

4.9.2. The Company will not be liable if the loss, destruction, breakdown or violation of checked baggage results exclusively from one or more of the following: a) Nature or vice of baggage; b) Defective packing of the luggage, made by the Passenger or third parties at his request; c) Natural wear and tear, such as: scratches, stains, small wrinkles, lack of harpsichord, wear of the fabric, small holes or tears, damaged friezes, lack of logo or emblem, among others; d) act of war or armed conflict; e) Act of public authority regarding baggage; f) Fortuitous event or force majeure; g) Transport of prohibited items or substances; and h) Guilt or deceit of the Passenger.

 

4.10. In case of loss of checked baggage, the Passenger must notify the Company immediately after its disembarkation, at which time a detailed description of the items in its luggage (Inventory) will be requested, and the Passenger may send it within 24 twenty four (4) hours after the communication, through the email central.bagagem@avianca.com.br.

 

4.11. The Company must return lost baggage up to 7 (seven) days when coming from domestic flight and 21 (twenty one) days when coming from international flight.

 

4.11.1. While the baggage is lost, the Passenger who is outside his / her home shall be entitled to reimbursement of any expenses that he / she may incur due to the lack of items in his / her baggage, subject to the following provisions.

 

4.11.1.1. Regardless of the proof of the expenses incurred, once the luggage has been lost, the Passenger who holds the Luggage Note will be entitled to the amount of R $ 50.00 (fifty reais) per day, when coming from domestic flights and R $ 75.00 ( seventy five reais), when coming from international flight. In the event that the Passenger incurs expenses in excess of the amounts established herein, then, the reimbursement shall be made by proving the costs incurred by the same, limited, however, the amount of R $ 100.00 (one hundred reais) per day, when coming from domestic flight and R $ 150.00 (one hundred and fifty reais), when coming from international flight.

 

4.11.1.2. The Passenger must send the request for reimbursement to the Company within 24 (twenty four hours) from the delivery of the baggage located or accepted the amount of compensation proposed by the Company due to the non-location of the luggage, by e-mail : central.bagagem@avianca.com.br, in which it must be provided the process number obtained at the time of registration of the occurrence; the fiscal documents proving the expenses incurred, when exceeding the daily limit established in Clause 4.11.1.1 .; proof of return to his / her home or proof of permanence at the destination of the flight in accordance with the date of the fiscal documents sent; and current account holder data: full name (in case of third party, this must be aware and according to the deposit), CPF number, full address containing zip code, date of birth, bank, agency and current account number.

 

4.12. The baggage not being located within the period established in Clause 4.11. Above, the Company shall indemnify the Passenger, subject to the criteria and term established by current legislation, as well as the Special Declaration of Value pursuant to Clause 4.3.3.

 

4.12.1. The reimbursement of expenses set forth in Clause 4.11.1.1. Shall cease upon the delivery to the Passenger of the lost baggage or, if not located, with the Passenger's acceptance of the compensation proposed by the Company or with its refusal. In the event that the Company submits the indemnification proposal to the Passenger and it does not manifest itself within 48 (forty eight) hours, its inertia will be understood as a refusal for the proposal offered, at which time, also, the reimbursement of expenses will cease.

 

4.12. The baggage may be considered "special" because of its nature and / or size and for this purpose, a specific fee will be charged for its transportation, being considered an accessory contract here, whose commercial conditions, rules and procedures for its transportation will be available on the Avianca website or through the Customer Service Department (SAC).

 

4.12.1. The special baggage can be consulted on the Avianca website or through the Customer Service Department (SAC) and include, among others, sports equipment; fishing equipment; musical instruments; diving equipment; home appliances; animals, plants or parts thereof.

 

5. FLIGHT DELAYS, CANCELLATIONS AND OTHER CHANGES

5.1. In case of any alteration of the flight or cancellation, the Company should notify the Passenger and, whenever applicable, provide all the necessary assistance as per current legislation.

5.1.1. The Company should notify the Passenger of any possible flight changes within 72 (seventy two hours) prior to the originally scheduled time. If the alteration of the time of departure or arrival is more than 30 (thirty) minutes for domestic flights and 1 (one) hour for international flights, the Passenger may choose between the reimbursement of the Air Ticket or his/her rearrangement on another flight.

5.2. The Company will not be responsible for delays and / or cancellations due to unforeseeable circumstances and force majeure, such as: lack of meteorological conditions, determination of the Airport Authority or Aeronautics, among others, except for the material assistance established by ANAC Resolution 400/2016.

5.3. The Passenger should pay attention to flights timetables while acquiring more than one Air Ticket for his/her trip operated either by the Company or by different operators, since the Company shall not be responsible for the loss of any of his/her flights in case there is not enough time for boarding and disembarkation procedures.  

5.4. When due to operational problems the number of passengers of the flight exceeds the aircraft capacity, the Company may propose to the Passenger the change of the flight originally contracted as well as a compensation to be agreed between the parties.

5.4.1. If the Passenger does not accept the proposed compensation, he/she will be entitled to an amount equivalent to 250 (two hundred and fifty) Special Drawing Rights (DES) for domestic flights and 500 (five hundred) Special Drawing Rights (DES) for international flights, which will be made available through a personal and nontransferable voucher, to be used by the Passenger only for the purchase of another Air Ticket or to be converted into currency, within the period of 7 (seven) days from the request to the Company, provided, however, that the Passenger keeps his/her right of rebooking on another flight.

 

6. PASSENGER’S OBLIGATIONS

6.1. Passengers shall be available for check-in at the service counter of the Company at least sixty (60) minutes before the time of the flight displayed on the Air Ticket for domestic trips and one hundred and twenty (120) minutes before the time of the flight for international trips.

6.2. The Passenger should present valid documentation necessary for his/her trip at the check-in and boarding, especially the document of civil identification valid nationwide as well as other documents that may be required for his/her entry into other countries, even for flight connections. That includes vaccines that may be required at each location. It is the Passenger’s entire responsibility to provide for the mentioned documents otherwise he/she will be subject to the penalty of not continuing the trip and return to his/her origin, which would be on his/her own expenses and support of all the incident costs.

6.2.1. The Company can obtain a copy of the documentation submitted by the Passenger for boarding, considering incidental inspection.

6.2.1.1. All the documents of civil identification should be in good condition and display a picture that allows the Passenger identification.

6.2.1.2. Passengers under 12 (twelve) years only can be admitted to the domestic boarding presenting his/her Birth Certificate provided that the requirements of the Child and Adolescent Statute (Law No. 8.069/1990) are complied with, which can also be read on the Avianca Website .

6.2.1.3. In case of robbery, theft or misleading of the Passenger’s civil identification document, the Passenger, an Occurrence Report issued by the competent Security Authority will be accepted for travelling in domestic flights, provided that it is within the deadline of 60 (sixty) days from its issue. After such deadline, the boarding of the Passenger shall not be authorized by the Company.

6.2.1.3.1. An Occurrence Report shall not be accepted for the boarding of Passengers under 18 (eighteen) years of age.

6.3. Also, the following Passenger obligations apply:

a) To inform his/her full name correctly, at time of booking, under penalty of being prevented from embarking, as per Clause 2.1.1. above;

b) To comply with all warnings, written or transmitted by the crew of the flight, as well as to maintain turned off audible, electronic and of telecommunication devices that can interfere in the operation of the aircraft or disturb the tranquility of other passengers, except if the Captain or flight crew authorizes it;

c) To wear suitable clothing and footwear;

d) To abstain from any attitude that causes inconvenience, discomfort or damage to the other passengers or that is considered indiscipline;

e) Do not smoke on board, although it is electronic cigarette or to use drinks that are not the provided by the service of board of the Company, and Passengers visibly drunk 9 or under action of narcotics or of substance that determines dependence or psychic alteration are forbidden from boarding;

f) Do not carry dangerous goods in the baggage or in any other way, or transport baggage that is not of his/her property or that he/she ignores its content;

g) To maintain his/her baggage under his/her guard and surveillance, while at the passengers terminal; the baggage should be properly identified;

h) Do not accommodate the carry-on baggage in a passengers transit location or to hinder the use or access to the emergency exits;

i) To submit to security inspection of the civil aviation to be accomplished by the Airport Authority, under penalty of his/her access to be denied to security restricted areas, as well as his/her boarding in the aircraft;

6.4. According to the determination in the paragraph “d” of the Clause 6.3., a Passenger will be considered as undisciplined if he/she does not comply with the rules of conduct in an airport or on board of the aircraft or if he/she does not comply with the orientations and instructions of the crew members, or disturbs the order and the discipline of the flight, putting the safety of the operations in risk.

6.4.1. If some Passenger presents any behavior that can be configured as indiscipline, if still in soil, the Company can deny his/her boarding and, if he/she is already in flight, the Captain of the flight should exercise the authority on that Passenger, so that the discipline is maintained on board, being able, besides, to determine the disembarkation of the same in the first disembarkation that happens, although it is not the referred Passenger final destination, as well as to report the happened to the Federal Police or competent responsible authority so that applicable measures are taken.

6.5. The Company reserves the right to refuse the transportation of any Passenger that does not fulfill the conditions above established and/or presents improper travel documents in the terms of the applicable laws.

 

7. SPECIAL CONDITIONS

7.1. According to the determination in National Civil Aviation Security Programme - PNAVSEC (Decree Nº 7.168/2010), Passengers only may board in domestic flights carrying firearm by virtue of prerogative of position and if they have so been duly authorized, and should, therefore, accomplish strictly all the specific procedures for boarding, permanence in the aircraft and disembarkation.

7.1.1. People who are considered as holding a permit to carry a firearm by position prerogative: (i) Officials of the Armed Forces; (ii) Federal Policemen; (iii) Federal Road Policemen; (iv) Officials of the Military Police of States and of Federal District; (v) Officials of the Fire Brigade Military of States and of Federal District; (vi) Operational Agents of the Brazilian Agency of Intelligence and the Agents of the Department of Safety of the Office of Institutional Safety of the Presidency of the Republic; (vii) Agents and Delegates of the Civil Police of States and of Federal District; (viii) Member of Career of Auditing of the IRS, Fiscal and Technical Auditors of the IRS; (ix) Magistrates; (x) Promoters of Justice of States and of Federal District; (xi) Procurators of the Public Ministry of States and of Federal District; (xii) Procurators of the Federal Public Ministry; and (xiii) Members of the Police of the Federal Chamber and of the Federal Senate.

7.1.2. The boarding of a Passenger carrying a firearm in international flights is prohibited, as per the legislation in force, unless as settled by Treaties, Conventions and Agreements and provided that the Principle of the Reciprocity is observed. For this purpose, the Passenger should check with the Company beforehand.

7.1.3. The boarding of Passengers that do not hold firearm in reason of his/her occupation will not be admitted and in such case the dispatch of the referred firearm is mandatory.

7.1.4. The Passengers that intend to board and/or to dispatch firearm should observe the following: 10 (i) To present themselves for boarding at least 2 (two) hours prior to the boarding, in order to accomplish all the necessary procedures for the boarding or dispatch of the firearm. (ii) To strictly comply with all the regulations on the transportation of firearms and the internal Procedures of the Company.

7.1.5. The verification, approval and release of the boarding of such Passengers will be a decision of the Federal Police, or in its absence, of the competent Police Authority.

7.1.6. Sport weapons should be obligatorily dispatched and allocated at appropriate place in the basement of the aircraft and with ammunition removed. For this purpose, the Passenger should present the competent Special Traffic Guide-GTE, supplied by the Service of Inspection of Controlled Products (SFPC) of the Command of the Army.

7.1.7. Ammunition transportation only will be allowed together with the dispatched weapon until the limit of 5 (five) kilos per Passenger, within the maximum limit of 25 (twenty-five) kilos per aircraft.

7.1.8. The Company does not take the responsibility for missing documents or information that may lead to the Passenger being not allowed to board and/or dispatch of the applicable firearm.

7.2. It is allowed to transport up to 02 (two) Passengers or underage Passengers under custody of the Police Authority, in domestic flights, with a minimum of two escorts for each one, provided that all the requirements from National Civil Aviation Security Programme-PNAVSEC (Decree No. 7.168/2010) are fulfilled.

7.2.1. The presentation and identification for the boarding should take place at the minimum 02 (two) hours previously to the time of departure of the flight.

7.2.2. The transportation of Passengers under custody of a Police Authority in international flights should be previously informed and the boarding should be coordinated by the Company and the Department of Federal Police or the Competent Police Authority, as well as with the local Airport Administration and the Consulate of the Country of destination of the Passenger, for transportation procedures in incidental stopover and/or connection.

7.3. In order to transport any item not expressly foreseen in this Contract, the Passenger should, before the acquisition of the Air Ticket, check with the Company for transportation possibility and conditions.

 

8. GENERAL PROVISIONS

8.1. The Passenger recognizes that his/her personal data supplied to the Company for Booking, issue of the Air Ticket and provision of ancillary services may be made available to the appropriate agencies and authorities, according to the determination in Art. 7th of the Resolution No. 255 of the National Civil Aviation Agency-ANAC.

8.2. As per current Brazilian regulations, if the Passenger refuses to submit to the civil aviation security procedures at the airport where he/she is boarding or if he/she is carrying any prohibited goods, his/her access to security restricted areas will be denied, as well as his/her boarding in the aircraft.

8.3. The Passenger authorizes the Company to keep and to supply his/her personal data for its management companies, subsidiaries, controlled companies, branches or affiliates, authorized agents, financial institutions and other credit card companies or other air carriers, in order that further services and advantages are offered to him/her.

8.4. The Company reserves the right to refuse the transportation of any Passenger that has acquired the Air Ticket in violation of the applicable laws or of the Company Prices, rules or regulations.

8.5. This Contract may be amended at any time provided that its dispositions on Air Tickets acquired during its validity period remain unchanged.

8.6. This Contract is made available on Avianca Website and may be reached by the Passenger at any time.

 

9. JURISDICTION

9.1. Any controversies originating from the present Contract shall be settled at the Central Court of the Judicial District of São Paulo. This contract shall be effective from March 14, 2017 and all previous contractual dispositions are hereby revoked.