If you have a flight operated by LAN, check its Air Transport Agreement Conditions.

 

Air transport agreement 

The provisions of this Agreement ("Agreement") govern the air transport of Passengers and their Baggage, operated by ("TAM"), company with head offices at Av. Jurandir, 856 - lote 04, Jardim Ceci, Sao Paulo/SP, CEP 04072-000, registered at the Brazilian Federal Taxpayer Authority under number CNPJ/MF 02.012.862/0001-60, according to the applicable legislation in force.

A copy of this Agreement is available to Passengers on the TAM website and is duly registered at the Registry Office of Deeds and Documents of the City of Sao Paulo.

The provisions of this Agreement may be amended in accordance with the applicable laws in force at the time of the service provision by TAM.

Chapter I - General provisions 

1.1. Definitions

Terms and expressions used in this Agreement - except where the context of the provision expressly states otherwise - shall have the meaning as established below and may be used in singular or plural, feminine or masculine forms:

1.1.1. “Ticket” is the evidence of the passenger transportation agreement and shall only be valid for transportation if purchased from TAM or its authorized agents.

1.1.2. “CBA” is the Brazilian Code of Aeronautics, applied to the activities concerning air transportation - Law No. 7565, dated 12/19/1986.

1.1.3. “Codeshare” is a cooperation agreement according to which an airline sells Tickets to transport Passengers using aircraft and Flights operated by another airline.

1.1.4. “Montreal Convention” is the Convention for the Unification of Certain Rules for International Carriage by Air, dated May 28, 1999, as amended, ratified and in force in Brazil since July 18, 2006.

1.1.5. “Legislation” refers to all laws applicable to any jurisdiction, orders, decrees, rules, regulations, licenses and permits issued by any competent government authority.

1.1.6. “Passenger” is any individual person carried or to be carried under this Agreement.

1.1.7. “Reservation” is the express intention of the Passenger to purchase Air Transportation services. Reservations do not guarantee the use of air transportation. A Ticket shall be issued for such purpose, upon payment.

1.1.8. “Fare” is the price of the air transportation service provided by the Carrier, including all associated special restrictions and conditions, duly registered and approved by the National Civil Aviation Agency [ANAC – Portuguese acronym for “Agência Nacional de Aviação Civil”].

1.1.9. “Carrier” or “TAM” is the airline that undertakes to transport Passengers and their Baggage in accordance with this Agreement.

1.1.10. “Flight” refers to the transportation performed or to be performed under this Agreement. “Domestic flight” is any Flight whose departure, stopover or destination airport is located in Brazil. “International flight” refers to any Flight whose departure, stopover or destination airport is located in a country other than Brazil.

1.2. Visas and travel documents 

1.2.1. Prior to any Flight, and upon the Carrier's request, Passengers shall submit a valid identification document and any other necessary and valid travel documents. TAM may retain copies of such documents.

1.2.2. Every Passenger shall comply with all applicable laws of his/her country of origin and of each country to be visited. If the Passenger fails to do so, he/she may be required to pay heavy fines or may not be allowed in the country of destination by the local immigration authorities.

1.2.3. TAM reserves the right not to transport Passengers who have not met the aforementioned requirements or who submit insufficient travel documents in accordance with the applicable Legislation in force.

1.2.4. Passengers who are not allowed in any state, country or territory shall be liable for any fine or fee imposed by that state, country or territory on TAM, in addition to any cost incurred to transport the Passenger back to the country of origin. The Ticket fare for transportation until the point where the Passenger was refused entry shall not be refunded by TAM.

1.2.5. TAM may offset any payment of fines, bails or other costs arising from the refusal of entry against any amount paid by the Passenger to purchase any unused Ticket or against any refund he/she may be entitled to.

1.2.6. If requested by the local authority, the Passenger must be present throughout the inspection of his/her carry-on or checked Baggage. The Carrier shall not be liable for any loss or damage caused during inspection.

1.3. Check-in times 

1.3.1. Any Passenger who fails to show up or is late for check-in and/or boarding shall lose his/her Ticket, or may reschedule his/her Flight for another date if the Fare allows for it, according to the rules applicable to Fares, paying the corresponding charges.

1.3.2. Times indicated on Tickets refer to Flight departure times.

1.3.3. The Passenger shall check in at least 01 (one) hour prior to the scheduled Flight departure time for domestic flights, and at least 02 (two) hours prior to the scheduled Flight departure time for international flights. 1.3.4. Passengers who are not present at check-in within the boarding time, or who do not having the necessary travel documents, will have his/her reservation canceled and will consequently not be allowed to board the aircraft.

1.3.5. Any passenger who fails to check in within the scheduled check-in period may have his/her seat assigned to a Passenger on the standby list.

1.3.5.1. Airlines shall maintain a standby list to be populated in accordance with the Carrier's internal criteria, whenever the total number of Reservations reaches the number of seats available in the aircraft. If seats become available, people on the standby list shall begin to be called 30 minutes before the Flight departure time for domestic Flights, and 1 hour before the Flight departure time for international Flights.

Chapter 2- Regarding the Ticket / Reservation 

2.1. The airline Ticket is personal and non-transferable, valid for one year from date of purchase as long as it remains unused. Partially used tickets will be valid according to fare rules, except if available more than one way on the Ticket, according to the carrier Fares, their transportation terms or connection rules.

2.2. Tickets are subject to the applicable fare terms and restrictions.

2.3. Ticket fares may include taxes and fees levied on air transportation by government authorities. Such taxes and fees may either be included in the Fare or appear separately under “fees”. Any tax or fee not paid may be charged.

2.4. The Carrier may refuse to provide air transportation services if the applicable Fare is not paid and/or if the Ticket is purchased at an unauthorized point, fraudulently or illegally, as provided for in Chapter 4 below. The Carrier further reserves the right to refuse transporting any Passenger who purchases a Ticket in violation of any Legislation applicable to the case at stake.

2.5. Any schedule and/or itinerary change by the Passenger shall depend on the Carrier's approval, on seat availability and on the payment of fines and any possible fare difference. Reimbursement shall be made in accordance with any restriction provided for in the applicable terms, including administrative fees and other fines.

2.6. No refund shall be due by the Carrier if the trip is interrupted by the Passenger at any stopover airport.

2.7. The Ticket fare shall be refunded to the person who purchased the Ticket.

2.7.1. For refunds of Tickets paid for by credit card, the refund will be made in the form of credit on the invoice made out to the holder of the credit card used to make the purchase.

2.7.2. For refunds of Tickets of under-aged or legally disabled Passengers, the refund will be made out to the name of the Passenger's legal representative. 2.8. Conditions on the refund of group Tickets on chartered flights will be set out in the respective chartered flight agreement.

2.9. No fare difference shall be due by the Passenger in case of any class upgrade being made beyond the Passenger's control, neither at departure or stopover airports.

2.10. In the case of any class upgrade requested by the Passenger, the Carrier may replace the relevant Ticket, adjusting it to reflect the applicable Fare and penalties in force and the charges applicable to any variations or changes requested during the period of validity.

2.11. Please contact TAM, through any of the channels listed at the end of this Agreement, to find out about all restrictions and/or penalties applicable to Tickets.

Chapter 3 - Baggage

3.1. General information  

3.1.1. Checked Baggage refers to any Baggage handed over by the Passenger and properly registered by the Carrier. The terms of this Baggage transportation agreement shall be valid from the moment the Passenger hands over his/her Baggage to the company operating the flight until such Baggage is returned to the Passenger.

3.1.2. For the transportation of Baggage, the Carrier shall provide the Passenger with an evidence of delivery or a Baggage claim check with the date of issuance, the airport of destination, the number of the Baggage claim check and the number of pieces.

3.1.3. If Baggage is received without any complaint by the Passenger, it shall be presumed to be in good conditions.

3.1.4. In the event that any Baggage is damaged during transport, a claim must be filed in writing immediately after discovering the damage and no later than within 7 days after the date when the Baggage was claimed, or in the case of domestic flights, within the shortest period specified by applicable laws. In case of a delay, the claim must be filed within 21 days following the date when the Baggage was claimed or, in the case of domestic flights, within the shortest period specified by applicable laws.

3.1.5. Carry-on Baggage refers to any Baggage that is not checked, which consists of personal use objects only and is carried by hand by the Passenger.

3.1.6. The Passenger may request a higher limit of liability for the Baggage by filling out a special declaration, prior to being invoiced, and paying a supplementary fee.

3.2. Transporting restrictions 

3.2.1. Checked or carry-on Baggage SHALL NOT include, among others, any of the items listed below: a) alarm devices; b) explosives, including empty cartridges, ammunition, pyrotechnic material, hunting guns, handguns and fireworks; c) gases (inflammable, non-inflammable and poisonous) such as butane, oxygen, propane and oxygen cylinders; d) inflammable liquids used as fuel for lighters, heating or other applications; e) inflammable solids such as matches and objects that can easily ignite; f) spontaneous combustion substances; g) substances which, in contact with water, emit inflammable gases; h) oxidizing materials such as lime powder, chemical bleaches and peroxides; i) poisonous (toxic) and infectious substances such as arsenic, cyanide, pesticides and defoliants; j) radioactive materials; k) corrosive materials such as mercury, acids, alkaloids and batteries containing corrosive liquid; l) magnetic materials; m) biological agents such as bacteria and viruses; and, n) non-firearm weapons.

3.2.2. The Baggage owner shall be liable for any damages that he/she may cause to the Carrier or to any other person due to the non-compliance with the prohibitions set forth in this section.

3.2.3. All prohibited items shall be retained by the airport security personnel and shall not be returned to owner.

3.2.4. CERTAIN TYPES OF GOODS WILL NOT BE ACCEPTED IN THE TRANSPORT OF BAGGAGE; these include but are not limited to the following examples: FRAGILE OR PERISHABLE ITEMS, JEWELS, NEGOTIABLE INSTRUMENTS, SHARES OR OTHER TYPES OF SECURITIES, BUSINESS SAMPLES OR DOCUMENTS AND ELECTRONIC APPLIANCES (SUCH AS CD-PLAYERS, VIDEO CAMERAS, RECORDS, PHOTOGRAPHIC CAMERAS, NOTEBOOKS, CELLULAR TELEPHONES, ETC.), AND INCLUDING THEIR RESPECTIVE ACCESSORIES.

3.2.5. Any Passenger who wishes to transport a firearm on a domestic flight must present themselves at least 02 hours prior to the security procedures being carried out, presenting all the required documentation and identifying themselves to the airport officer at the customer service counter. The National Police force - or in their absence, the public security organization that carries out policing functions in the airport - will be responsible for verifying, approving and releasing the passenger to board the flight. Sporting weapons will mandatorily be registered and placed in an allocated space within the hold of the aircraft. TAM will not be responsible for any missing documentation or information that could lead to a delay or denial of boarding the aircraft.

3.2.6. Any Passenger who wishes to transport a firearm on board a domestic flight for reasons pertaining to their trade or relating to the position that they hold, must present themselves to the airport officer at the customer service counter at least 02 hours prior to the security procedures being carried out, presenting all the required documentation to support the authorization granted onto them - on the basis of their trade or the position that they hold - to carry firearms. The National Police force - or in their absence, the public security organization that carries out policing functions in the airport - will be responsible for verifying, approving and releasing the passenger to board the flight. TAM will not be responsible for any missing documentation or information that could lead to a delay or denial of boarding the aircraft.

3.2.7. Transporting firearms on international flights is forbidden, except where provided for in treaties, conventions or agreements, considering principles of reciprocity, and where there is express authorization by the Government of Brazil and the Government of the destination country. In these cases the party exclusively responsible for carrying out the security control of the firearms is the National Police force, while TAM will be responsible for facilitating the transport of the weapons held in the aircraft's lockbox, once the respective authorization by the Government of the country of origin has been presented to enable it to enter foreign territory carrying a firearm, regardless of the role or position held by the Passenger.

3.2.8. The Carrier accepts no liability for the consequent loss or damage of any type to the Passenger's checked Baggage that contains any item listed in clause.

3.2.4. above. Notwithstanding, these items may be accepted as carry-on Baggage, provided that they fall within the restrictions stipulated in the Legislation currently in force.

3.2.9. For stopovers at international airports, the Passenger must adhere to the applicable local rules and Legislation in force. For further information, please contact TAM through one of the channels listed in the last section at the end of this Agreement.

3.2.10. If the Carrier considers any Baggage to be inappropriate to be carried on board the aircraft - whether due to its weight, size or type - the Carrier may, prior to or at any time during the trip, refuse to transport it, in whole or in part.

3.2.11. As a result of anti-terrorism measures adopted by some countries, the following objects shall not be transported in carry-on or checked Baggage on certain Flights, as determined by the relevant government authorities: all kinds of beverages, shampoos (liquid or gel); conditioners (liquid or gel); perfumes (liquid or gel); lotions (liquid or gel); liquid cosmetics (of any kind); hairspray; toothpaste; deodorants (aerosol, liquid or cream); pointed objects, such as: knives, pocket knives, box cutters, etc.; lighters or matches.

3.2.12. Passengers should refuse to carry or transport any packages or objects received from strangers, not in their hand Baggage nor in their checked Baggage.

3.3. Weight allowances 

3.3.1. Passengers shall comply with the Carrier's restrictions and/or allowances, as well as with the applicable Legislation and rules in force concerning Baggage transportation.

3.3.2. For domestic Flights, the checked Baggage allowance per Passenger shall be of: a) 30 (thirty) kilograms for first class in aircraft with more than 31 seats; b) 23 (twenty three) kilograms for the other classes in aircraft with more than 31 seats; c) 18 (eighteen) kilograms for aircraft with 21 to 30 seats; and d) 10 (ten) kilograms for aircraft with up to 20 seats.

3.3.3. The checked Baggage allowance shall not be used to transport live animals.

3.3.4. The checked Baggage allowance applicable to aircraft with the lowest seating capacity shall be valid for Flights with connections.

3.3.5. For international Flights, the checked Baggage allowance shall be calculated in accordance with the piece or weight system, based on the criterion adopted and as required by the applicable rules and Legislation in force, and must always comply with the specific regulation.

3.3.6. The Baggage allowance for infants (children under the age of 2 years) who do not occupy a separate seat shall be valid for all classes according to the table below. In any such case, Baggage shall not exceed the overall dimensions of 115 cm (45 inches):

 

3.3.6.1. A stroller (collapsible, that fully closes) or a baby basket or seat may be carried in addition to the Baggage allowance.

3.3.7. The carry-on Baggage allowance for each Passenger (adult or children over 2 years old) shall be as follows: a) for domestic Flights, international Flights (Economy Class) and South America: 01 (one) carry-on bag + one personal item; b) international Flights United States of America/ Europe (Business Class and First Class): 02 (two) carry-on bags + one personal item.

3.3.8. For domestic Flights, carry-on Baggage shall not exceed 5 (five) kilograms and its overall dimensions (width + length + height) shall not surpass 115 cm or 45 inches.

3.3.9. The following items shall be allowed in carry-on Baggage of adults and children: 1) a handbag, suitcase or equipment that can be stored under Passenger's seat or in the appropriate compartment in the aircraft; 2) an overcoat or similar apparel; 3) an umbrella or walking stick (non-pointed); 4) a photographic camera, laptop or binoculars; 5) reading material for traveling; 6) baby food for consumption during the Flight; 7) crutches or orthopedic devices used by Passenger; 8) musical instruments (provided they can pass through X-ray scanners at security points).

3.3.10. Passengers shall only bring the following items in carry-on Baggage: a) baby bottles and processed baby foods (when babies and children are traveling); b) medications and respective prescriptions (which shall state Passenger’s name to be compared with the name on the boarding pass); c) over-the-counter medical products (eye-drops, saline solution for contact lenses, provided their container does not exceed 100 ml or 3.52 oz.); d) insulin and liquids (including special juices and gels) for diabetic Passengers together with the relevant medical prescriptions provided their container does not exceed 148 ml (or 5 oz.); e) cosmetics (lipstick, lip balm or deodorant in stick form); f) electronic devices (laptops, photographic cameras, portable games, cellphones, etc.).

3.3.11. Carry-on Baggage that exceeds the number of pieces and/or weight allowance shall be checked in the hold of the aircraft.

3.3.12. For international Flights to or from Canada, United States of America (including USA territories), Asia via Pacific Ocean, South Africa, Hong Kong and Bangkok via South Africa or by direct flight, or Europe, including France and London, any adult or child that occupies a seat has the right to 2 pieces of Baggage of 32 kilograms each, with the following overall dimensions: width + length + height = 158 cm.

3.3.13. The maximum weight of checked Baggage (weight allowance + any excess) is of 32 kilograms per piece on flights with a connection or final destination in Europe and of 45 kilograms on flights to North America or South America. No Baggage of weight exceeding such limits shall be allowed on the aircraft.

3.3.14. For Flights originating in Europe on aircraft operated by TAM or other airlines, the piece system shall be used, which allows the Passenger to check in 2 (two) pieces of Baggage of 23 kilograms each and with overall dimensions not exceeding 158 cm. Exception: For Flights originating in Frankfurt, the allowance is 02 (two) pieces of 23 kilograms each for Economy Class, and 02 (two) pieces of 32 kilograms each for Business Class.

3.3.15. For Flights originating in the United Kingdom, the checked Baggage allowance is 2 (two) pieces of 32 kilograms each.

3.3.16. If any Baggage exceeds the limits above, fees shall be charged according to the exceeded parameter:

- A Baggage excess fee shall be charged if the number of pieces to be checked exceeds the number of allowed pieces or the size or weight of any Baggage to be checked exceeds the relevant allowance.

- Two Baggage excess fees shall be charged if the number of pieces and size, or the number of pieces and weight, or the size and weight of any Baggage to be checked exceed the relevant allowance.

- Three Baggage excess fees shall be charged if the number of pieces, size and weight of any Baggage to be checked exceed the relevant allowance.

3.3.17. Baggage transported through Europe shall not weigh more than 32 kilograms, since local conveyor belts are programmed not to receive Baggage weighing more than 32 kilograms.

3.3.18. For Flights to Argentina, Chile, Uruguay, Paraguay, Venezuela and Colombia, the maximum Baggage allowance for all adults or children over 2 years old is as follows: a) economy class: 23 kilograms; b) business class: 33 kilograms; c) first class: 43 kilograms.

3.3.19. For Flights to Peru (Lima), the checked Baggage allowance is as follows: a) economy class: 45 kilograms; b) business class: the weight concept will be applied for 66 kg (WC). No checked Baggage shall weigh more than 45 kilograms. In case of any piece weighing more than 45 kilograms, the Passenger shall split the exceeding weight between the remaining pieces or send the piece at stake as cargo.

3.3.19.1. The Peruvian government shall charge a 19% (nineteen percent) fee over all charges in case of animal transportation and excess Baggage.

3.3.20. For Flights to or from Bolivia, the checked Baggage allowance shall be as follows: a) economy class: 30 kilograms; b) business class: 40 kilograms.

3.3.21. When a Ticket includes connections between Domestic and International Flights, the Baggage system and the corresponding baggage allowance applicable to International Flights shall prevail.

3.4. Special items - Acceptance and fees 

3.4.1. For domestic Flights, acceptance and fees regarding the transportation of special items shall be as follows (this list is subject to changes and may be extended to include other items at any time):

a) Bicycles: Shall be accepted as checked Baggage with tires deflated, pedals removed and handlebars aligned.

b) Wheelchairs: No excess Baggage fee shall be charged for the transportation of a wheelchair, as such equipment is used for Passenger's support.

c) Musical Instruments: Musical instruments shall be accepted as carry-on Baggage provided that they fall within the weight and size restrictions of the applicable carry-on Baggage allowance. Otherwise, they shall be placed on a seat, provided that the Passenger makes a prior Reservation for an additional seat of the same Fare and class as Passenger's seat, and provided that they weight not more than 75 kg (165 lbs.). In such case, however, the Passenger shall not be entitled to an additional Baggage allowance.

d) Cellos: The transportation of a Cello is only allowed if it is placed on an additional seat or transported as cargo. In order to make a reservation to carry the instrument on board, please contact our customer assistance center in advance or our TAM Cargo service center (www.tamcargo.com.br).

e) Golf equipment (including bag with clubs and shoes): If the golf equipment exceeds the applicable allowance, an excess Baggage fee equivalent to 50% of the excess Baggage fee applicable to the itinerary shall be charged.

f) Ski equipment (snow or water): Ski equipment shall mean a pair of snow skis or a snowboard and relevant accessories (pair of boots, pair of poles or a snowboard) or a pair of conventional water skis or slalom skis. If the ski equipment exceeds the applicable allowance, an excess Baggage fee equivalent to 33% of the excess Baggage fee applicable to the itinerary shall be charged.

3.4.2. For international Flights, acceptance and fees regarding the transportation of special items shall be as follows (this list is subject to changes and may be extended to include other items at any time):

a) Plasma/LCD televisions and monitors: A fee of US$ 450.00 shall be charged for the transportation of each television or monitor over 26 inches in size and weighing up to 45 kilograms. Televisions and monitors weighing more than 45 kilograms shall not be accepted for transportation.

b) Bicycles: Shall be accepted as checked Baggage with tires deflated, pedals removed and handlebars aligned. Any excess shall be charged at the rate of 100% of the applicable excess Baggage fee.

c) Musical Instruments: Musical instruments shall be accepted as carry-on Baggage provided that they fall within the weight and size restrictions of the applicable carry-on Baggage allowance. Otherwise, they shall be placed on a seat, provided that the Passenger makes a prior Reservation for an additional seat of the same Fare and class as Passenger's seat, and provided that they weight not more than 75 kg (165 lbs.). In such case, however, the Passenger shall not be entitled to an additional Baggage allowance.

d) Golf equipment (including bag with clubs and shoes): If the golf equipment exceeds the applicable allowance, an excess Baggage fee equivalent to 50% of the excess Baggage fee applicable to the itinerary shall be charged.

e) Ski equipment (snow or water): Ski equipment shall mean a pair of snow skis or a snowboard and relevant accessories (pair of boots, pair of poles or a snowboard) or a pair of conventional water skis or slalom skis. If the ski equipment exceeds the applicable allowance, an excess Baggage fee equivalent to 33% of the excess Baggage fee applicable to the itinerary shall be charged.

f) Windsurf Equipment (board, mast and sail) and Surfboard with a maximum length of 274 cm: These items are included in Passenger's Baggage allowance. The number of boards shall not exceed 03 (regardless of the number of boxes or cases).

3.4.3. Fees set forth above shall only apply to the transportation of one single equipment. If the limit for each equipment is exceeded, the full and regular excess Baggage fee applicable to the itinerary shall be charged.

Chapter 4 - Passenger's liability  

4.1. Passengers must adhere to the following, subject to the application of security measures:

a) show up for boarding, with a valid identification document, at the time set forth by the Carrier on the Ticket; b) wear appropriate clothing and footwear; c) comply with written notices on board and oral instructions given by the airline crew; d) avoid bothering or harming other Passengers; e) not smoke on board; f) keep all audio, electronic and telecommunication devices that could interfere with the operation of the aircraft or disturb other Passengers turned off, except when permitted by the flight crew; g) not consume drinks other than those provided by the Carrier flight crew; h) not carry dangerous items in their Baggage; i) not place the carry-on Baggage in the aircraft aisles or in places that interfere with emergency exits; j) be attentive to all their duly identified Baggage while in the terminal; and k) not carry any Baggage that does not belong to them or which they do not know the contents of.

4.2. The duties set forth in section 4.1 above are only some examples of all Passenger's obligations, and the Carrier may take the following measures in the event of non-compliance: a) prevent the boarding of any Passenger who is drunk or under the influence of alcohol, narcotics or any other addictive substances conducive to psychological instability; b) prevent the boarding of any Passenger who is not appropriately dressed or shod or who refuses to go through any security check; c) TAM, at its discretion, refuse to carry a Passenger who has behaved improperly during a previous Flight and who could again jeopardize security on the Flight; d) prevent the transportation of a Passenger who did not pay the Fare, taxes, fees or charges applicable to the Ticket, who does not have the valid travel documents required to enter the country of destination or transit, or who presents a Ticket purchased at an unauthorized point of sale or fraudulently; e) prevent the transportation of a Passenger or Baggage in view of any applicable Legislation, regulation or order and take any other measures to ensure the safety on board the Flight.

4.3. The aircraft pilot in command has authority over all individuals and things on board, and may, in order to maintain discipline on board the aircraft, force a Passenger to disembark at the first stopover if Passenger: 1) falls within any of the descriptions above, 2) becomes troublesome, disturbing other Passengers, 3) refuses to comply with instructions given by the crew, 4) jeopardizes the security or discipline on board, or 5) puts the safety of the aircraft or persons and goods on board at risk.

4.3.1. In the event of incidents with unruly Passengers on board the aircraft, in order to guarantee the safety of the other Passengers, TAM may call on the National Police force or a competent security policing body.

4.4. If the Passenger is forced to disembark at a stopover or connection airport under any circumstance, no refund shall be due to him/her for the parts of the trip that he/she did not complete.

4.5. According to current Brazilian rules and regulations, if the Passenger refuses to undergo a security inspection by a civil aviation officer at the departure airport, the Passenger will be denied access to restricted security areas, as well as boarding of the aircraft.

Chapters 5 - Passengers in custody 

5.1. The transport of Passengers or underage Passengers that are in the custody of policing authorities on a domestic flight will be undertaken through compliance with all requirements stipulated in the National Security Program for Civil Aviation (PNAVSEC), Decree 7168, dated May 5, 2010. Check-in and identification to board the aircraft must be done at least 2 (two) hours before the scheduled departure of the flight.

5.2. Before transporting a Passenger in judicial custody on an international flight, prior notice must be sent to the National Police Department, to INTERPOL, to the Local Airport Authority, to the Consulate of the Passenger's destination country and to TAM, so that the transport and the later stopover/connection can take place. TAM must follow the same procedures used for a Passenger in custody of a policing authority.

Chapter 6 - Responsibity of the carrier 

6.1. The Carrier shall be liable for any damage caused to any Passenger or Baggage during the provision of their services as per the air transport Agreement.

6.2. Subject to the aforementioned terms provided for in the applicable Legislation in force: (a) The Carrier's liability for damages shall be limited to events occurring within its own aircraft and lines, except for checked Baggage, in which case the Passenger shall have the right to claim against the first or last Carrier. When a Carrier issues a Ticket for transportation in another airline, it is only acting as its agent; b) the Carrier shall not be liable for damages to Passengers or Baggage that is not checked, provided that such damage is not caused by the Carrier's negligence; c) the Carrier shall not be liable for any direct damage arising exclusively from compliance with any Legislation, regulation, order or government requirement, or from the violation of these laws by Passenger; d) any exclusion or limitation of the Carrier's liability shall apply to and benefit the Carrier's agents, employees and representatives, and any person whose aircraft is used by the Carrier for transportation and his/her respective agents, employees and representatives.

6.3. The terms and conditions for domestic flights, as well as the limitations to TAM's liability for damages to Passengers and their Baggage, shall be outlined in the CBA.

6.4. TAM shall not be liable for force majeure events or for evidenced requirements of the aeronautical authority.

6.5. TAM shall only be liable under the terms of the Agreement, pursuant to the legal limits provided for in the applicable and specific Legislation.

6.5.1. Regarding any damage caused to Passengers, TAM shall not be liable for the following scenarios:

a) any death or injury that results exclusively from Passenger's health condition;

b) any accident caused exclusively by Passenger;

c) any Acts of God or force majeure events.

6.6. Schedules, itineraries, aircraft indicated on Tickets, timetables or any other data are subject to changes and, wherever possible, TAM shall inform Passengers or the channel issuing the Ticket about any such changes.

6.7. TAM shall not be liable for delays in connecting flights caused by third parties' aircraft, except in case of Codeshare flights.

6.8. TAM shall not be liable for delays in connecting flights caused by Reservations made by third parties, whose respective schedules may not be suitable for catching connecting flights.

6.9. For domestic flights:

6.9.1. In case of delays of more than 4 (four) hours at the departure airport, the Carrier shall offer the following alternatives to Passenger: I – rebooking: a) with one of its own Flights that provides a similar service to the same destination at the first opportunity; b) with one of its own Flights on a date and time convenient to Passenger; II – refund of the full amount paid for the unused Ticket, including Fares. Under the terms of this section, the Carrier may also offer the Passenger to rebook with a third party's Flight that provides a similar service to the same destination.

6.9.2. In case of delays of more than 04 (four) hours at a stopover or connecting airport, the Carrier shall offer the following alternatives to Passenger: I – rebooking: a) with one of its own or third parties' Flights that provides a similar service to the same destination at the first opportunity; b) with one of its own Flights on a date and time convenient to Passenger; II – refund: a) of the full amount paid, ensuring return to the airport of origin, b) of the unused part of the Flight, if the trip already taken is beneficial to Passenger; III – completion of the trip by other means of transportation.

6.9.3. If the Flight is cancelled or somehow interrupted, the Carrier shall offer the following alternatives to Passenger: I – rebooking: a) with one of its own or third parties' Flights that provides a similar service to the same destination at the first opportunity; b) with one of its own Flights on a date and time convenient to Passenger; II – refund: a) of the full amount paid, ensuring return to the airport of origin in the event of service interruption, b) of the unused part of the Flight, if the trip already taken is beneficial to Passenger; III – completion of the trip by other means of transportation.

6.9.4. If the Passenger is not permitted to board the aircraft, the Carrier shall offer the following alternatives to Passenger: I – rebooking: a) with one of its own or third parties' Flights that provides a similar service to the same destination at the first opportunity; b) with a Flights on a date and time convenient to Passenger; II – refund: a) of the full amount paid, ensuring return to the airport of origin in the event of service interruption, b) of the unused part of the Flight, if the trip already taken is beneficial to Passenger; III – completion of the trip by other means of transportation.

6.9.5. In case of Flight delays, cancellations or interruptions, as well as in the event of overlooking the Passenger, the Carrier shall assure the Passenger who shows up for boarding the right to receive material assistance.

6.9.6. Material assistance consists of meeting the immediate needs of the Passenger, freely and in a manner consistent with the estimated waiting time, counting from the originally scheduled departure time, as follows:

a) more than 1 (one) hour: communication facilities, such as phone calls, internet access or others;

b) more than 2 (two) hours: adequate food provisions;

c) more than 4 (four) hours: suitable accommodation, transfer and, where necessary, hotel service.

6.9.7. The Carrier may decide not to offer hotel services to Passengers who live in the location of the airport of origin.

6.10. For international flights:

6.10.1 Damage repair in case of international flights shall comply with the limits established in the Montreal Convention and applicable Legislation in force.

6.10.2 All claims made before a Court must be presented within the period of two years after the aircraft arrival date or the date on which the aircraft was due to have arrived.

6.11. Rules applicable to international Flights:

6.11.1. Passengers whose final destination or stopover country is different from the country of origin are informed that the provisions of the Montreal Convention may apply to the entire journey, including any portion of the trip in the country of origin or destination.

6.11.2. The Carrier shall be liable for any damage in the event of Passenger's death or bodily injury, provided that the accident that caused the death or injury occurs on board of the aircraft or during boarding and disembarking.

6.11.3. The Carrier shall be liable for any destruction, loss or damage to checked Baggage, if such destruction, loss or damage occurs on board of the aircraft or while the checked Baggage is under the Carrier's custody. Liability is limited to 1,131 SDR [Special Drawing Rights] (approximate amount in local currency). Nevertheless, the Carrier shall not be liable where the damage caused is due to the nature, defect or failure of the Baggage itself.

6.11.4. The Carrier shall be liable for damages caused by delays in the transportation of Passengers (liability limited to 4,694 SDR) or Baggage (liability limited to 1,131 SDR). Nevertheless, the Carrier shall not be liable for damages caused by delays if it can prove that it and its agents took all measures that were reasonably necessary to avoid the damage or that they were not able to take any such measures.

6.11.5. The Carrier shall not be able to exclude or limit its liability that does not exceed 113,100 Special Drawing Rights per Passenger in the event of damages caused to Passengers aboard its aircraft. On the other hand, the Carrier shall not be liable for such damages where they exceed 113,100 Special Drawing Rights per Passenger, if it is able to prove that: a) the damages were not due to the negligence or other wrongful acts or omissions of the Carrier or its agents; b) the damages were solely due to the negligence or other wrongful acts or omissions of a third party.

6.12. For incidents that occur in the United States of America to Passengers on international Flights with origin or destination in the United States of America, the Customer Service Plan and Contingency Plan for Lengthy Tarmac Delays shall apply, in accordance with the regulations issued by the Department of Transportation (DOT) of the United States of America.

6.12.2. In the event of tarmac delays of more than 04 (four) hours at any airport in the United States of America, according to the Contingency Plan for Lengthy Tarmac Delays, Passengers may deplane, unless the pilot in command does not authorize it for security or safety reasons or if the Airport Administration Authority informs the pilot in command that such disembarkation shall result in significant disruption of the airport activities.

6.12.3. In the event of tarmac delays at any airport in the United States of America, the Carrier shall provide Passengers with adequate food and potable water for up to 02 (two) hours, unless the pilot in command does not authorize such service for safety or security reasons. Moreover, while the aircraft remains on the tarmac, the Carrier shall provide Passengers with access to operable lavatory facilities and adequate medical assistance if necessary.

6.12.4. In the event of tarmac delays at any airport in the United States of America, the Carrier shall inform Passengers about the Flight status every 30 minutes, including the reasons for the delay, if known. The Carrier shall also inform Passengers every 30 minutes about the possibility of deplaning, if the aircraft is at the gate or at another disembarkation area, with its door open.

6.13. For Codeshare Flights:

6.13.1. For Codeshare Flights, except for Flights to and from the United States of America, airlines are responsible for any damage caused to Passengers or Baggage which occurs during the provision of their services as per this Agreement.

6.13.2. For Codeshare Flights to and from the United States of America, the Operator shall be responsible for the transportation of and for any damage caused to Passengers and Baggage.

6.14. For international Flights to and from Europe, the European Regulation CE 2111/2005 of December 14th, 2005, shall apply, and the Carrier or authorized travel agent are obliged to inform and shall inform the Passenger as to the identity of the operating airline carrier(s) of the flight(s). Where the identity of the operating airline carrier of the flight is not yet known at the time of reservation, or when making any change to the reservation, the Carrier shall ensure that the Passenger is informed as to the identity of the operating airline carrier of the flight as soon as such identity is known.

Chapter 7 - Special passengers 

7.1. The following are considered as Special Passengers: Passengers requiring special assistance (people with disabilities, elderly (people aged sixty years and over), pregnant women, nursing mothers and people travelling with infants, unaccompanied children and people with reduced mobility), sick passengers and children.

7.1.2. Special Passengers shall board in accordance with TAM's internal procedures, as well as with the specific Legislation in force. For further information, please contact TAM by their telephone numbers or website, which are listed in the last section at the end of this Agreement.

Chapter 8 - Transporting animals 

8.1. Transportation of animals shall depend on TAM's express authorization, which may be obtained upon payment of a specific Fee and compliance with legal and internal requirements.

8.2. Prior to boarding, the Passenger shall submit the animal's documents, as provided by the competent government entity and/or veterinarian.

8.2.1. Presenting the aforementioned documents does not guarantee approval of the animal transportation.

8.3. Dogs trained to lead blind or visually impaired people who fully depend on them as a guide dog, shall be allowed on board the Passenger cabin, in addition to the Baggage allowance and free of charge, provided that the necessary documents are presented.

Chapter 9 - Personal data 

9.1. The Passenger acknowledges that any personal data is provided to the Carrier are to be used for Reservations, Tickets issuance and provision of ancillary services, and that this data may be requested by government authorities of some countries. Thus, the Passenger allows TAM to retain such personal data and provide them to its subsidiaries, controlled companies, affiliates or branches, as well as to authorized agents, financial institutions and other credit card companies, government departments or other air transportation companies.

Chapter 10 - Final provisions 

10.1. All foregoing provisions may be amended in accordance with the applicable Legislation in force at the time of the Agreement.

10.2. This Agreement was originally written in Portuguese and may be translated into other languages. In the event of any disparity in the interpretation between the original version in Portuguese and any other translated versions, the original version written in the Portuguese language will prevail.

10.3. In case of any questions, complaints, suggestions and to purchase Tickets, please contact:

- Sales and TAM Fidelidade (Frequent Flyer Program): +55 11 4002-5700 (capital cities) / 0800 570 5700 (other locations)

- Assistance to hearing impaired customers: 0800 555 500

- Talk with the company Director (SAC): 0800 123 200