Passengers Air Transportation Contract
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), Resolution 400 of December 13, 2016 and
Resolution 461 of January 25, 2018, both issued by 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:
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.
AAL: means local airport administration.
ARS: means security restricted area.
GDAF: means firearm and ammunition check-in form.
GEPAR: means armed passenger form.
SISCAER: means Airport Control System of the Federal Police.
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.
2.1.1. 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.
2.2.1. 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.
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.
220.127.116.11. 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 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.
4.1. The baggage will be considered checked when delivered by the Passenger and registered by the Company, when the responsibility of the Company for its transportation begins, ending with the reception of the same by the Passenger.
4.1.1. The transportation of the checked baggage may be considered as a supplementary contract offered by the Company and the corresponding price will be due then.
4.1.2. The Passenger will just be able to check the baggage for transportation in the same flight for which has Air Ticket emitted in his/her name.
4.1.3. The checked baggage should be conditioned in a safe way, observed the patterns adopted usually for transport, as well as the sum of the dimensions of each baggage item cannot be superior to 158 centimeters and the total weight of each item cannot exceed 45 (forty-five) kilos.
4.1.4. The Passenger willing to transport goods of value over 1.131 Special Drawing Rights (DES) should fulfill the Special Value Declaration with the Company on the check-in. A specific form will be supplied by the Company and in such case the checked baggage will be subject to the inspection by the Company, in a restricted sector and in the presence of the declarant Passenger.
18.104.22.168. Passengers can find the value of each DES on the website of the Central Bank of Brazil (www.bcb.gov.br).
4.2. The Passenger may, still, transport a single piece of carry-on baggage, for accommodation of objects of exclusively personal use, except if authorized by the Company the transportation of more than one volume, which will be conducted in hands by the Passenger, without the payment of any additional.
4.2.1. The size of carry-on baggage should strictly comply with the following dimensions: 40 centimeters of length, 55 centimeters of height and 20 centimeters of width and its maximum weight will be that established by the Company at the moment of the acquisition of the Air Ticket, at the minimum weight of 10 (ten) kilos per Passenger.
4.2.2. The Passenger will be responsible for the integrity of his/her carry-on baggage, and there will be no liability of the Company with regards to the reimbursement of any loss, theft or damage done to the carry-on baggage that has been kept under his/her guard and surveillance during the flight.
4.3. If the Passenger is supposed to check any baggage items at the check-in, the Company should give to the Passenger the Baggage Check, with the information on issue date, destination, baggage check number and the total of checked volumes.
4.4. The Passenger should read the regulations for baggage checking and possible restrictions on the Avianca Website or at the Consumer Service, before accomplishing the acquisition of the Air Ticket, considering the following:
4.4.1. The Passenger should observe the baggage allowances for his/her baggage checking, except for any accessory contract which requires the payment of the amount relating to overweight.
22.214.171.124. The baggage allowance should not be used for the transportation of live animals and for the transportation of objects under restriction, for which a specific Tariff will be due. Also, the transportation of such items will be subject to the availability in the flight.
4.4.2. Notwithstanding it is the Passenger’s duty to comply with all the procedures for baggage boarding, it is also necessary to comply with the following dispositions of Clause 4.4.
a) Passengers are forbidden to transport, in both domestic and international flights, in checked baggage or in carry-on baggage, any of the following items: (i) alarm devices; (ii) explosives, including empty cartridges, ammunitions, pyrotechnic material, hunt weapons, portable weapons and fireworks; (iii) gases (flammable, non-flammable and poisonous), such as butane, oxygen, propane and cylinders of oxygen; (iv) flammable liquids used as fuel for lighters, heating or other applications; (v) flammable solids, such as match and goods of easy ignition; (vi) substance of spontaneous combustion; (vii) substance that, in contact with the water, emit flammable gases; (viii) oxidizing materials, such as lime powder, chemical bleaches and peroxides; (ix) poisonous substances (toxic) and infectious, such as arsenic, cyanide, insecticides and defoliants; (x) radioactive materials; (gee) corrosive materials, such as mercury, acids, alkaloids and batteries containing corrosive liquid; (xii) magnetic materials; (xiii) biological agents, such as bacteria and virus; (xiv) cold steel; and (xv) electric skate.
b) Passengers are forbidden to transport in domestic flights, in carry-on baggage, any of the following items: (i) Pistols, firearms and other devices that shoot projectiles; (ii) Neutralizing devices (shock sticks, gas and/or neutralizing spray); (iii) Sharp or cutting objects (knives, penknives, scissors and multifunctional instruments are allowed with blades inferior to 6 cm.); (iv) Work tools (tools are allowed with blades or stem of length inferior to 6 cm); (v) contusing Instruments; (vi) Substances and explosive or incendiaries devices (the boarding of Aerosols is allowed provided that it is used for personal cleansing and not to exceed four flasks per person and the content in each flask must be less than to 300 ml or 300g.); (vi) Chemical, poisonous substances and other dangerous items; (vii) Other (alarm devices and materials that can interfere in the equipments of the aircrafts and that are not listed among the allowed electronic devices, such as cellular telephone, laptop, palmtop, electronic games, Pager, that are of controlled use on board of aircrafts.).
c) Passengers are forbidden to transport, in international flights, in carry-on baggage, any of the following items: (i) Any cut instrument; (ii) Corkscrew; (iii) Canes; (iv) Tennis racket; (v) Any lighter; (vi) Match, in any amount or presentation; (vii) Aerosols.
c.1.) With respect to the transportation of liquid substances, including gels, toothpastes, creams, aerosols and similar, in carry-on baggage, in international flights, the Passenger should observe: (i) All the liquids should be conducted in flasks with capacity up to 100ml; (ii) Liquids conducted in flasks of size above 100 ml cannot be transported, even if the flask is partially full; (iii) All the flasks should be put in a transparent plastic packing, that can be closed, containing maximum capacity of 1 liter and should be arranged with room to spare inside of the closed packing; (iv) the plastic packing should be presented for visual inspection in the point of inspection of passengers boarding, being allowed only a plastic packing per passenger; (v) there is no restriction to the transportation of empty flasks; (vi) it is excepted of the referred limits the medication items with the due medical prescription, the babies feeding and liquids of special diets, in the necessary amount to be used in the total period of the flight, including incidental stopovers, and should be presented in the moment of the inspection; (vii) The liquids acquired in free shops or on board of aircrafts may exceed the stipulated limit of 100 ml, provided that they are packed in standardized sealed plastic packing and showing the purchase receipt, from the date of the beginning of flight, for passengers boarding or in connection, taking also into consideration the regulations of other countries that prohibit the transportation of such liquids.
d) Passengers are forbidden to transport in domestic and international flights, in checked baggage, the following items: (i) fragile objects; (ii) money; (iii) jewels, clocks and similar; (iv) negotiable papers, shares or other values; (v) samples / prototypes or documents of businesses; (vi) personal and other documents; (vii) pictures and albums of memory; (viii) electronic apparels, such as: mp3 player, camcorder, cameras, notebooks, pen drives and other media, tablet, cellular telephones and their respective accessories; (ix) medicines; and (x) keys.
126.96.36.199. The items described in the paragraph “d” above can only be transported by the Passenger in the carry-on baggage and under his/her responsibility.
188.8.131.52. For the purposes of the paragraph “d” above, fragile objects are considered which are composed of glass, crystal, porcelain, ceramic, plaster, polystyrene, clay, acrylic, cardboard, ornamental stones, among others that are considered fragile by their own nature; and artworks.
184.108.40.206.1. The Passenger can request the transportation of the fragile objects through checked baggage, provided that he/she takes integral responsibility for any damage and/or failure that happens to the same resulting of the transport. In this case, the Passenger exempts the Company from the responsibility, and shall not have the right to demand any compensation thereby.
4.4.3. The Passenger is obliged to reimburse the Company for any costs of removal or transportation of prohibited items or substances, as well as for incidental damages thereby.
4.4.4. The Company shall not be responsible for any losses or damages to checked baggage containing any item prohibited for transportation.
4.4.5. The Airport Authority will demand that the Passenger discards any item prohibited for transportation, and the Company will not answer for the resulting damages.
4.5 At any moment, during the trip, for security reasons, the Company may refuse the transportation of any baggage, or even alter its type of baggage as carry-on or checked baggage.
4.6 The Passenger should refuse receiving any package or object from unknown people for transportation in his/her carry-on baggage or checked baggage.
4.7 The Passenger with need of special support will be entitled to a discount of 80% (eighty percent) for payment of baggage excess, in case of transportation of technical aids or indispensable medical equipments.
4.8 The receipt of the checked baggage without protest on the part of the Passenger results in his/her acceptance and exempts the Company of any resulting responsibility.
4.8.1. Upon the identification of any damage or violation to the baggage, the Passenger should notify the Company 7 (seven) days or more after the reception, in writing, so that the Company makes analysis of the occurrence and, if reasonable, adopts the necessary measures.
4.8.2. The Company shall not be liable if the loss, destruction, damage or violation of the checked baggage results, exclusively, of one or more of the following facts:
a) Nature or vice of the baggage; b) Defective packing of the baggage, done by the Passenger or third parties at the request of him/her; c) Natural wear inherent to the use, such as: scratches, stains, small kneaded, lack of pins, wear and tear of the fabric, small holes or tears, damaged friezes, trademark or emblem lack, among others; d) War action or armed conflict; e) Action of public authority regarding the baggage; f) Fortuitous event or force majeure; g) Transportation of items or substances prohibited; and h) Fault or fraud of the Passenger.
4.9. In cases of checked baggage loss, the Passenger should notify the Company immediately after his/her disembarkation, when a detailed description will be requested of the items included in his/her baggage (Inventory), and the Passenger can send it within 24 (twenty four) hours from the communication, through the email firstname.lastname@example.org.
4.10. The Company should accomplish the devolution of the loss baggage within 7 (seven) days when coming from domestic flight and 21 (twenty-one) days when coming from international flight.
4.10.1. While the baggage is misplaced, the Passenger that is out of his/her home country will be entitled to the reimbursement of incidental expenses incurred for the missing items in his/her baggage, under the disposition below.
220.127.116.11. Regardless of the proof of incurred expenses, if there has been a baggage mishandling, the Passenger holder of the Baggage Check will be entitled to the amount of R$50,00 (fifty Reais) per day, when on domestic travel and R$75,00 (seventy-five Reais), when on an international flight. If the Passenger incurs in expenses higher than the above mentioned amounts, then the reimbursement will be made according to the receipt of amounts spent, which are notwithstanding limited to the amount of R$100,00 (one hundred Reais) per day, when on domestic flight and R$150,00 (hundred and fifty Reais), when on international flight.
18.104.22.168. The Passenger should send the compensation request to the Company within 24 (twenty-four hours) from the delivery of the found baggage or from the acceptance of the reimbursement value proposed by the Company in virtue of having not found the Passenger’s baggage. This should be made by the e-mail address email@example.com, and should inform the number of process delivered at the registration of the occurrence; the fiscal documents showing the incurred expenses if higher than the daily fees as per Clause 22.214.171.124.; the proof of return to his/her home or proof of permanence in the destination of the flight according to the date of the fiscal documents sent; and data of the holder of the current bank account: full name (in case of third parties, these should be aware and in agreement with the deposit), CPF number, complete address including ZIP Code, date of birth, bank, branch and number of the current bank account.
4.11. If the baggage is not found within the deadline established in Clause 4.10. above, the Company should reimburse the Passenger according to the current criteria and deadlines and to the Special Declaration of Value as per Clause 4.1.4.
4.11.1. The reimbursement of expenses according to Clause 126.96.36.199. will cease when the lost baggage is delivered to the Passenger or if it is not found, together with the Passenger’s approval or refusal of the compensation proposed by the Company. If the Company makes the reimbursement proposal to the Passenger and he/she does not reply within 48 (forty-eight) hours, his/her unresponsiveness will be understood as a refusal to the proposal made and the reimbursement of expenses will also be discontinued immediately.
4.12. The baggage can be considered “special” in reason of its nature and/or dimension, such as: sporting equipment; fishing equipment; musical instruments; equipment for dive; appliances; animals, vegetables or their parts; among others. Passengers should read the rules and procedures necessary for baggage acceptance on Avianca Website or at the Consumer Service, before purchasing the Air Ticket.
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 shall not be liable for delays and/or cancellations resulting from fortuitous events or force majeure, such as: weather conditions, Airport or Aeronautical Authority warning, among others, except the material assistance determined by the normative Resolution nº 400/2016 issued by ANAC.
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 non-transferable 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.
5.5. If the Passenger buys a round trip ticket and decides not to use the outbound flight ticket, the Passenger must inform the Company until the outbound flight time through the Customer Service; otherwise, the return ticket may be automatically canceled, with fines applied according to the Tariff Regulations.
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.
188.8.131.52. All the documents of civil identification should be in good condition and display a picture that allows the Passenger identification.
184.108.40.206. 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.
220.127.116.11. 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.
6.3. 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 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 provisions of Resolution 461 of the National Civil Aviation Agency (ANAC), which sets the procedures for armed passenger boarding or arrival, firearm and ammunition check-in, and transportation of prisoners in civil aircrafts, public officers are allowed with a weapon only with a valid permit due to assigned duties and who require to have the access to the weapon from the time of entry into the departure lounge of the origin airport until the arrival at the destination airport.
7.1.1. Retired or reserve public officers do not meet the requirements to carry accessible weapons.
7.1.2. A foreign dignitary protection officer designated by foreign authorities and recognized by diplomatic authorities is considered a public agent while part of a protection team that includes public agent(s) of the Brazilian government.
7.1.3. The required in-flight access to the weapon by the public officer during the period mentioned in 7.1 is limited to the following activities:
a) Escorting an authority or witness;
b) Escorting a passenger in custody (prisoner);
c) Conducting a surveillance operation; or
d) Flying with a requirement to be at the destination airport for the assigned duties, which may be harmed in case the weapon and ammunition are transported as checked baggage.
18.104.22.168. Proof of required access to the weapon is through the submission of a specific document from the institution with which the public officer is linked, describing the dates and flight legs and option that best describes the officer situation among those listed in 7.1.3.
7.2. Carriage of firearms on board shall be limited to two short weapons (pistol or revolver), unloaded, per authorized passenger, with separately packed ammunition limited to one (1) main projectile and two (2) reserve projectiles for each weapon.
7.2.1 Carriage of long firearms on board shall be limited to two per passenger and only when the firearm is a precision rifle.
7.2.2 Long firearms shall be unloaded, disassembled and packaged in locked transportation cases, observing weight and size restrictions defined by the Company.
7.2.3 Ammunition must observe the prohibitions and weight limits defined by the Brazilian Civil Aviation Regulation nº 175 (RBAC nº 175).
7.3. Armed passenger and firearm and ammunition check-in shall be authorized by a Federal Police office at the airport or in charge of the airport jurisdiction.
7.3.1 With formal consent of the Federal Police and observing the Airport Security Program (PSA), the authorization may be issued by a public security body.
7.3.2 The authorization issued by a public security body for armed passenger or firearm and ammunition check-in shall be valid for boarding only at an airport located in the district of such body and for subsequent domestic connections.
7.3.3 A form for armed passenger or firearm and ammunition check-in should be filled and submitted requesting such authorization, observing the procedures defined by the Federal Police.
7.4 For armed passenger or firearm and ammunition check-in in domestic public flights, the passenger should report to the Federal Police office at the airport prior to check-in for validation of the form for armed passenger or firearm and ammunition check-in.
7.5 The passenger with a valid authorization for firearm carriage in the aircraft or firearm and ammunition as checked baggage much check in at least two hours before the flight time described on the air ticket.
7.6 Firearm unloading is the responsibility of the passenger and should be performed before the passenger arrives at the airport, or at the aerodrome at a specific area defined by the airport operator, observing the directions from the Federal Police and firearm manufacturer.
7.7 Once the authorization is issued for armed passenger or firearm and ammunition check-in, the agent that inspects the documents shall sign the authorization form physically or electronically.
7.7.1. One copy of the authorization form for armed passenger or firearm and ammunition check-in shall be kept by the body responsible for its inspection, one copy must be submitted by the passenger to the Company for check-in procedure, and one copy should remain with the passenger, if this is not an online procedure.
7.8. Once the authorization is issued, the passenger must check in at least two hours before the flight time at the Company’s ticket counter, where the passenger should inform firearm carriage or firearm and ammunition as checked baggage.
7.8.1 At check-in, the passenger must show the authorization form for armed passenger or firearm and ammunition check-in for inspection by the responsible body, and an identification document that is valid throughout the Brazilian territory.
7.8.2 At in-person check-in procedures, the Company will prioritize passengers with an authorization for armed passenger or firearm and ammunition check-in and passengers escorting prisoners; however, such prioritization does not apply in case of passengers with special needs according to ANAC specific regulations.
7.8.3 At check-in, the Company will inform the armed passenger of the identification procedures for the access to the departure lounge.
7.9. The armed passenger who, in case of flight connections, leaves the ARS, must undergo a new identification and inspection procedure, requiring the coordination with the Company.
7.10 A passenger authorized to be armed, in addition to firearms and ammunition, may carry other items considered prohibited when accessing the ARS, provided that these items are part of the operational equipment, except for tear gas, similar disabling gases or other items not allowed in civil air transportation, according to RBAC nº 175, other requirements of this air transport agreement and ANAC Resolution nº 461.
7.10.1 All items prohibited by specific regulations carried by an armed passenger must be listed on the armed passenger authorization form.
7.11 The Company and/or the aircraft pilot in command may not allow the transportation of an armed passenger, the transportation of firearms and ammunition as checked baggage, or the transportation of a prisoner if they find that such transportation is a potential threat to the operational safety, civil aviation safety or the safety of other passengers; and in such case, they shall justify the case in writing.
7.12 Authorized armed passengers shall observe the following obligations, restrictions and directions associated with such transportation:
a) The firearm should be unloaded for transportation in the aircraft;
b) The armed passenger should remain in the seat designated on the boarding pass, except when the seat change is coordinated with the crew and the aircraft pilot in command agrees;
c) No alcoholic beverage should be consumed eight hours prior to boarding and
during the flight;
d) The armed passenger should carry firearm and other prohibited items in a discreet manner, under constant surveillance and, in the case of short weapons kept close to the body, in a security restricted area in the aircraft;
e) The armed passenger’s action in the aircraft, in case of a conflict or any other circumstance of this nature, should only occur with the coordination of the pilot in command;
f) Firearms should be loaded after deplaning, outside the security restricted area, in a safe and reserved place, preferably the same area provided by the airport operator for firearm unloading; and
g) Warning that firing a weapon on board may cause depressurization of the aircraft and damage fuel lines, control cables, electrical wires and hydraulic systems, which may result in accidents and catastrophes.
7.13 Failure of the armed passenger to comply with the obligations and restrictions described in this agreement and the applicable legislation will lead to forced deplaning, without prejudice to other measures deemed applicable by the Federal Police.
7.14 Firearm and ammunition transported on domestic public flights is restricted to passengers whose firearms and respective transportation comply with specific legislation, observing the prohibitions and weight limits defined in RBAC 175.
7.15 The passenger must present properly packaged firearm and ammunition as checked baggage, choosing one of the following options:
a) Placed in hard-sided containers that can be locked;
b) Placed in special containers supplied by the Company; or
c) For long weapons, packed in appropriate containers supplied by the passenger that can be locked.
7.16 When using a special container provided by the Company, the passenger should, before check-in, pick up the special container(s) at the check-in counter and pack firearms and ammunition in separate containers in the area defined by the airport operator for firearm unloading.
7.17 The Company will not accept firearm and ammunition that are not packed as described in 7.15.
7.18 The Company is responsible for keeping the firearms and ammunition sent as checked baggage, from check-in to collection by the passenger at the final destination.
7.19 The Company must return the firearm and ammunition to the passenger within one hour after the aircraft wheel wedge is applied.
7.20 Carriage of firearms and ammunition on international flights shall comply with international treaties, conventions and agreements, taking into account the principle of reciprocity.
7.20.1 Carriage of firearms and ammunition on international flights requires an authorization from the Army Command, except for dignitary protection officers.
7.20.2 Carriage of firearms by security officers for the protection of governmental authorities or foreign diplomats on flights in Brazil requires an authorization in advance from the Ministry of Foreign Affairs (MRE).
7.20.3 Except when observing provisions of international treaties, conventions and agreements, armed passengers on international flights are prohibited, and the transportation of firearms and ammunition must be conducted in accordance with the procedures for firearm and ammunition check-in.
7.21. The air transportation of passengers in custody/prisoners shall be coordinated by the body responsible for such escorting with the airport operator, the Company and the Federal Police office, to define, according to the needs of the escort team, special security measures and procedures for boarding and arrival and in-flight conduct.
7.21.1 Such action should be coordinated by the body responsible for the escort and must be initiated at least 48 (forty-eight) hours prior to the flight time, unless otherwise agreed between the organizations involved in the operation.
7.21.2 With a formal authorization of the Federal Police, the procedures for the transportation of passengers in custody/prisoners may be conducted by a public security body.
7.22 The escort team members must identify themselves to the Federal Police office at the airport and the Company’s employees, presenting a formal document that authorizes the prisoner transportation.
7.23 The Company will not carry more than two passengers in custody, with their respective escort teams, on the same flight, according to the Federal Police guidelines.
7.24 The Company will refuse to transport passengers in custody if the escort team does not have at least two escort professionals per passenger in custody.
7.25 The escort team for passengers in custody shall have restraint equipment; , with tear gas or similar disabling gas prohibited, as well as other items not allowed in civil air transportation according to RBAC nº 175 and other provisions of this air transportation agreement and Resolution 461 issued by ANAC.
7.26 The Federal Police will analyze the risks of transporting passengers in custody on international flights to prevent risks to the safety of civil aviation and adopt proper security measures.
7.26.1 Passengers in custody transported in a regular international public flight operation shall be accompanied by escort personnel sized by the Federal Police.
7.26.2 For passengers that are prevented, repatriated, deported or expelled, the need for an escort team will be decided by the Federal Police, based on a risk assessment, or an unarmed private escort team may be assigned by the body in charge of removing the foreigner from the national territory.
7.26.3 In the case of escort operation assigned to a national private security company, such organization should have a valid registration with the Federal Police.
7.27. The Company is not responsible for insufficient documents or information, which may result in refusal to transport an armed passenger, passenger in custody or firearm and ammunition.
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.
9.1. 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 starting on July 28, 2018 and all previous contractual provisions are hereby revoked.