Conditions of Carriage
The purpose of this document is to inform passengers about their rights and obligations when hiring the services rendered by our companies by means of a summary of the most important aspects of their rights and obligations provided in the rules and regulations in force of Aerolineas Argentinas S.A. and Austral Lineas Aereas – Cielos del Sur S.A.
Commercial Aviation is governed by the Aviation Authority, which, in Argentina it is the “Administración Nacional de Aviación Civil -ANAC-“ which guarantees the enforcement of the User Rights and the Carriers’ regulations. Formal complaints must be filed with the ANAC at the front desk or at www.anac.gov.ar. The ANAC is located at Av. Paseo Colón 1452 (C1063ADO), Buenos Aires, República Argentina. Tel.: +54 11 5941 3000/3007.
Definitions and Scope
Transport Document: it replaces the expression “ticket” and it is the legal document of the contract of carriage. It shall be manually or electronically issued and shall be registered in the Carrier’s database. It enables passengers to present themselves at the airport to board only with their valid documentation, avoiding any problem that may arise from the loss, forgery or damage of a paper ticket.
The passenger ticket is nominative, personal and non-transferable, and may be totally issued as electronic or partially physical and partially electronic. -The issue involves the acceptance of the General conditions of air transport and of the signed contract between the passenger and the carrier, whose names are indicated on the ticket.
Checked Baggage: it is the baggage accepted by the carrier under its custody that must be carried in the hold, accompanying passengers on their flights, unless there is any technical, storage or schedule reason, among others. The number of pieces or individual weight shall be registered at the airport. A bag tag shall be issued to identify each piece of baggage.
Baggage Allowance: the carrier shall determine a baggage allowance according to the route and fare paid.
Pooled Baggage: two or more passengers travelling together under the same record locator may pool their baggage up to the authorized limit. The same procedure shall apply for denials, provided that the compensation be requested at the check-in.
Baggage content-Value declaration: it comprises the passengers’ personal belongings necessary or appropriate for the flight. Should the passenger had declared the value of the content at the check-in or paid a special fee requested by the Carrier, in case of an incident, the Carrier must pay the value declared, unless it exceeds the real value of the baggage which should have been delivered to the passenger at destination.
Forbidden content: Passengers must not include in their checked baggage, but not limited to, money, jewelry, bonds, share certificates, securities, valuable documents, contacts or electronc devices including, but not limited to, video cameras, digital cameras notebooks, cell phones and their accessories. They must be carried in the cabin as carry-on baggage.-
Endorsement: it is the transfer of a passenger from a carrier to another one. The endorser shall issue a document called FIM (flight interruption manifest) by means of which the endorser assumes the cost of the service and shall be used as the basis for the billing on the part of the endorsee.
Reservation: it is the holding of the offer of a seat on an aircraft in the fare basis requested by the passenger according to the availability, up to a certain date and time established by the Carrier. Once ticketed, said conditions shall remain unchangeable in relation to the fare bookes but not to the price, should it be modified before ticketing.
Contingency service: it includes those services operated by the carrier in case of a force majeure event that may cause the passenger to be reallocated, rerouted or rebooked at the expense of the carrier.
Connection: it is a subsequent flight at a certain point in the route on the same or another carrier as it appears registered on the transport document (flight number, date and record locator).
Fare: it is the price for the carriage by air for a specific route. It includes the baggage allowance and it varies according to the type of service or the conditions of the service rendered.
Non refundable fare: it is a special condition of some special fares.
Web Check-In: it is an electronic check-in process performed by the passenger without intervention of the airport staff.
The contract/ticket is valid for one year from the date of the first flight, or one year from the date the ticket is issued if travel has not already begun, unless otherwise stipulated or stated in the carrier’s regulations.
On the tickets, the place and date of issue are located on the flight coupons.
Arrival to the airport and check-in
Passengers must arrive at the departure airport in due time according to what has been determined by the Carrier and the airport regulations in force so as to allow sufficient time to complete all necessary airport, customs and security requirements accordingly. Passengers arriving after the standard check-in time for the flight shall be considered “no show” and the “no show” policy shall be applied under the regulations and conditions of the Carrier.-
Carriers may allow on-line check-in for adult passengers not requiring special assistance (web check-in) with electronic tickets traveling with checked baggage or not. The former must check it in at the airport. Should passengers, after having been checked-in online, do not present themselves to board the aircraft, the Carrier may decide not to allow a reimbursement claim for that flight.
The Carrier may verify the passengers’ identity at check-in and look up the database where all passengers considered dangerous for air travel are listed, in which case, boarding may be denied.
The Carrier’s Reservations System may establish waiting lists under the code HL and waiting lists at the airpot.
Treatment of the personal data provided when the ticket is bought.
The passenger accepts and gives his free, expressed and informed consent so that the personal data granted at the time of purchase of the ticket are processed, stored, collected or assigned for the fulfillment of obligations required by border control agencies, immigration authorities, customs of any country and/or judicial authorities that require it.
Boarding denial and limitations
The Carrier may refuse to board a passenger or certain baggage on the basis of safety or when: I) this measure is necessary to comply with any applicable legal rule, regulation or requirement of a foreign country from/to which operate the flight or when a passenger does not hold a valid passport complying with all applicable laws, regulations, rules or requirements. II) a passenger’s behavior, age or mental or physical disability is such that requires special assistance from the Carrier, or may put the safety of the aircraft at risk, or is not able to comprehend or respond accordingly to the safety instructions from the Carrier’s personnel to the extent practicable, or has refused to submit to security controls.
Sick passengers or those passengers who have undergone a surgery or, due to their disability require on board oxygen supply or mobility assistance, must provide a medical information form (MEDIF) dully signed and sealed by their physician. Said form must be submitted 48 working hours prior to the flight departure and the Carriers’ Medical Department shall decide whether the passenger is allowed to travel or not, as well as the neccesary conditions to be taken for his/her safety or others passengers’. Sanitary transport is not included herein.
The Carrier shall allow pregnant passengers to board a 3-hour-flight before they are in week 34 of gestation and longer flights before they are in week 32 of gestation without requesting any medical certificate. However, the Carrier may request passengers to complete the “Pregnant Passengers Transport” Form, in order to allow boarding. In case of doubt, the boarding shall be at the option of the Medical Department of the Carrier.
The Carrier is not a common carrier and may refuse to carry any person or baggage, whether or not a booking has been accepted, without any obligation to provide reasons for such refusal.
Schedule and itinerary compliance
The Carrier must, except in case of force majeure, comply with schedules and itineraries pusblished and stated in the travel document. The Carrier shall not be held liable in the event of inevitable and extraordinary circumstances that may justify the flight delay.
Extraordinary circumstances” that limit or exempt the Carrier’s liability are those that could not be avoided, even taking all the necessary measures. Said circumstances may occur in case of political instability, adverse weather conditions, unspected flight security deficiencies and strikes beyond the Carrier’s control that may affect the Carrier’s operations. Strikes carried out by the Carrier’s employees shall only be considered as ground for exemption when the labor relations authority had ordered to render emergency services that force employees to resume services but they do not observe it.
Liability for damage to passengers and baggage
The Carrier is liable for damage to passengers while on board and during boarding and disembark.
In relation to any damage to the passenger’s “checked baggage”, the Carrier shall be held liable from the check-in where the baggage is registered, whether by weight or pieces, until its delivery upon arrival to the destination indicated in the transport document. Unchecked baggage also known as “carry-on baggage” shall be carried in the cabin under the passenger’s personal custody. Should a passenger get to the boarding gate with a carry-on baggage exceeding the weight and dimensions permitted by the Carrier or the airport authority, it shall be taken to the hold as checked baggage. Compensation is limited to what it is established by the national legislation and international traties approved by the Argentine Republic.
Direct claims to the Carrier
In case of pilferage or damage to the baggage, passengers may present themselves at the Carrier’s baggage claim counter at the airport. They shall receive a form where they shall declare the missing or damaged content and the estimated value. For the legal purposes, the reception of the form completed and signed by passengers on the part of the Carrier shall constitute the formal complaint which shall create a claim file that must be closed within 30 days. Said complaint is a requirement for the filing of any possible legal action.
If the form had not been completed, the Carrier shall deal with claims for lost, damaged, delayed or pilferaged baggage upon delivery within 3 days for domestic flights in case of damage or pilferage, and 10 days as of the estimated delivery date for unaccompanied baggage in case of loss, damage or delay.
Passengers must be advised that if they present the claim after having left the arrival ariport, it will be their responsibility to prove that the damage or pilferage occurred during the carriage by air.
The Aeronautical Code of the Argentine Republic and the User Rights shall govern the contract of carriage for domestic flights and the incidental obligations. Any legal action for damages arising from the execution and enforcement of the contract of carriage for passengers and baggage shall only be taken under the conditions and limits of the regulations in force of the Aeronautical Code. The Consumer Rights Law under Decree 565/08 shall not apply.
The transport document shall be valid for one year as of the ticketing date, unless otherwise provided, according to the fare paid by the passenger.
- Reservations of subsequent or return flights may be subject to reconfirmation within the period estipulated in the carrier’s regulations. Failure to comply with this requirement may allow the Carrier to cancel the reservation and the ticket shall remain “open”.
- The Carrier may cancel a reservation if the passenger has not ticketed the transport document before the established time limit. Should the transport document be ticketed, the passenger may cancel the reservation undertaking the fees established in the fare conditions.
Automatic cancellation of the subsequent flight
- Should a passenger not use a reservation corresponding to a transport document already ticketed and does not inform the carrier, the reservation system shall cancel all subsequent unused flights after closing the boarding of that flight at the airport. For subsequent or return flights, a new reservation will have to be made or the transport shall remain open.
No show penalty
- When a passenger does not use the reserved seat, the carrier may apply a penalty according to the fare conditions. This charge shall also apply to those passengers that do not show at the check-in counter before the time estipulated to finish the aircraft dispatch.
Information for international passengers
The above mentioned conditions, the regulations in force regarding User Rights and the Unification of Certain Rules Relating to International Carriage by Air signed in Montreal and approved by Act 26.451 that limits the Carrier’s liability shall apply to international passenger. The term for claims shall be 7 days as of the delivery date for checked baggage and 21 days as of delivery date in case of delay.
Carriers that issue other carriers’ transport documents act merely as an agent.
Taxes and airport taxes: The fare appearing on the transport document includes the fare and may include the applicable taxes. The Carrier may request passengers to pay those taxes and airport taxes that had not been collected when issuing the transport document.
Passengers must comply with all government requirements and present all documents at the departure and arrival airports, as well as arrive in due time at the airport so as to clear customs and go through immigration. Failure to comply with what has been previously stated shall enable the Carrier to consider passengers as no show and apply the no show policy to them.
Information to international passengers departing from an airport located in the territory of a member state of the European Community
If a flight of this company has its origin in some airport situated within a Member State of the European Union, the contents of the legal regulation established by the European Union (by means of directives and/or regulations), can be excluded to part of the present conditions of the transport.
Based on the above and for the purposes of the legislation of the European Union, especially the provisions in Regulation (EC) 2027 / 1997, amended by the Regulation (EC) 889/2002, is also reported:
Airline responsibility for passengers and their baggage This information summarizes the liability rules applied by Community air carriers, in accordance with Community legislation and the Montreal Convention
Compensation in the event of death or injury there are no financial limits to the liability for passenger injury or death. For damages up to 100 000 DGE (approximate amount in local currency), the airline may not contest claims for compensation. Above that amount, the airline can only challenge a claim by proving that it was not negligent or due to lack of another type.
Advances in the event of death or injury of a passenger, the airline must make, within a period of fifteen days from day of identification of the person entitled to compensation, an advance payment, to cover immediate economic needs. In the event of death, this advance payment shall not be less than 16 000 DEG (approximate amount in local currency).
Passenger delay, in case of delay of the passenger, the carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRS (approximate amount in local currency).
Luggage delay in case of delay of baggage, the carrier is responsible for the damage as long as all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRS (approximate amount in local currency).
Destruction, loss or damage to baggage, the air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRS (approximate amount in local currency) amount. In checked baggage, it is liable even if you are not at fault, unless the baggage was defective. With regard to the case of unchecked baggage, the carrier is only liable for damage caused by its fault.
Higher limits for baggage a passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in, and by paying a supplementary fee.
Complaints on baggage if baggage has been damaged, delayed, lost or destroyed, the passenger must put a claim in writing to the air carrier as soon as possible. When baggage is damaged. the passenger will put a claim in writing within a period of seven days, and in case of baggage delay within a period of twenty one days, in both cases from the date in which baggage was placed at the disposal of the passenger.
Responsibility for the company with which the service is contracted and the company responsible for the effective provision if the company responsible for the flight is not the same as the airline, the passenger may make a complaint to either one of them. If the name or code of the airline is indicated on the ticket, that air carrier is the contracting air carrier.
Deadlines for claim any claim before a tribunal shall be submitted within a period of two years from the date of arrival of the aircraft, or from the day on which the aircraft ought to have arrived.
Foundation of information rules described above are based on the Montreal Convention of May 28 1999, developed in the Community by the Regulation (EC) No. 2027/97, as amended by Regulation (EC) no. 889/ 2002 and by the national legislation of the member States.
Apart from the above, the passenger has the right to be informed of their rights, assistance and financial compensation, in cases of denied boarding, cancellation of flight, or long delays, or, in any case, consult with the legal office in any of the branches of this company established in the territory of the community, or at the counters of the airline located at each airport. In these places, the passenger may also obtain identifying information and contact the Public Body of Civil Aviation, responsible, in each State, in the monitoring of compliance with the legal regulations set by the European Union.
This company has not established any limitation for transport in its aircraft for people with reduced mobility, while the passenger must inform the carrier of this circumstance, at the time of the flight reservation or the recruitment of the same.
Of course there are flights that are not operated directly by this company, when this occurs the passengers will be made aware and advised of the identity of the carrier that will operate.