If you have a flight operated by LAN, check its Air Transport Agreement Conditions.
AIR TRANSPORTATION AGREEMENT
The provisions of this Agreement (“Agreement”) shall rule the air transportation of Passengers and their luggage by TAM LINHAS AÉREAS S/A (“TAM”), a company with head offices at Av. Jurandir, 856 – lote 04, Jardim Ceci, São Paulo/SP, ZIP CODE 04072-000, registered with the Brazilian Federal Taxpayer Authority under no. CNPJ/MF 02.012.862/0001-60, according to the applicable legislation in force.
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
Terms and expressions used in this Agreement, except if the context of the provision expressly states otherwise, shall have the meaning set forth below and may be used in singular or plural, feminine or masculine forms:
1.1.1. “Ticket” shall mean 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” shall mean the Brazilian Code of Aeronautics, applied to air transportation - Law No. 7565, dated 12/19/1986.
1.1.3. “Codeshare” means a cooperation agreement according to which an airline sells Tickets to transport Passengers using aircrafts and Flights operated by another airline.
1.1.4. “Montreal Convention” means 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” means all laws applicable to any jurisdiction, orders, decrees, rules, regulations, licenses and permits issued by any competent government authority.
1.1.6. “Passenger” means any individual carried or to be carried under this Agreement.
1.1.7. “Reservation” is the express intention of 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 Carrier, including all associated special restrictions and conditions, duly registered and approved by the National Civil Aviation Agency (ANAC – for the acronym in Portuguese for “Agência Nacional de Aviação Civil”).
1.1.9. “Carrier” or “TAM” means the airline that undertakes to carry Passenger and his/her luggage under this Agreement.
1.1.10. “Flight” means the transportation performed or to be performed under this Agreement. “Domestic flight” means any Flight which departure, stopover or destination airport is located in Brazil. “International flight” means any Flight which 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 Carrier’s request, Passenger shall submit a valid identification document and any other necessary and valid travel document. TAM may retain copies of such documents.
1.2.2. The ID documents should be in good condition, and the photo must be clear enough to identify the passenger.
1.2.3. Every Passenger shall comply with all applicable laws of his/her country of origin and of each country to be visited. If 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.
1.2.4. TAM reserves the right not to carry Passengers who have not met the aforementioned requirements or who submit travel documents in violation of the applicable Legislation in force.
1.2.5. 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 Passenger back to the country of origin. The Ticket fare for transportation until the point where Passenger was refused entry shall not be refunded by TAM.
1.2.6. TAM may offset any payment of fines, bails or other costs arising from the refusal of entry against any amount paid by Passenger to purchase any unused Ticket or against any refund he/she may be entitled to.
1.2.7. If requested by the local authority, Passenger must attend the inspection of his/her carry-on or checked Luggage. Carrier shall not be liable for any loss or damage caused during inspection.
1.3. CHECK-IN TIME
1.3.1. Any Passenger who fails to show up or is late for check-in and/or boarding shall lose his/her right to travel, or may reschedule his/her Flight for another date, according to the rules applicable to Fares.
1.3.2. Times indicated on Tickets refer to Flight departure times.
1.3.3. Passenger shall check in at least one (01) hour prior to the scheduled Flight departure time, in case of domestic flights, and at least two (02) hours prior to the scheduled Flight departure time, for international flights.
1.3.4. Passengers who are not present at check-in within boarding time, as well as not having the necessary travel documents, will have his/her reservation canceled and the consequent impossibility of boarding. If the passenger does not show up for boarding or he/she cannot board for not having the documents (no show), has purchased tickets in a single purchase, that is, round trip tickets, TAM will understand that the passenger has not started his/her trip, thus canceling both bookings. The tickets can not be used in a disorderly way.
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.
18.104.22.168. Airlines shall maintain a standby list to be populated in accordance with 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, in case of domestic Flights, and one hour before the Flight departure time, in case of international Flights.
CHAPTER 2 – TICKETS/RESERVATIONS
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. 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. Carrier further reserves the right to refuse carrying 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 Passenger shall depend on 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 Carrier if the trip is interrupted by Passenger at any stopover airport.
2.7. The Ticket refund will be made in the name of the Passenger, which is on the Ticket.
2.7.1. In the case of reimbursement of a Ticket paid by credit card, the refund will be made through credit on the invoice of the holder of the credit card used for the purchase.
2.7.2. In the case of reimbursement of a Ticket of an underage or legally incapacitated Passenger, the refund will be made in the name of the legal representative of the Passenger.
2.8. In case of charter Flights, refund terms shall be provided for in the relevant aircraft charter agreement.
2.9. No fare difference shall be due by Passenger in case of any class upgrade, beyond Passenger’s control, both at departure or stopover airports.
2.10. In case of any class upgrade requested by Passenger, Carrier shall replace the relevant Ticket, adjusting it to reflect the applicable Fare and penalties in force or any exchange rate variations occurred during the period of validity.
2.11. Please contact TAM, through any channel listed at the end of this Agreement, to know all restrictions and/or penalties applicable to Tickets.
CHAPTER 3 - LUGGAGE
3.1. GENERAL INFORMATION
3.1.1. Checked Luggage shall mean any Luggage handed over by Passenger and properly registered by Carrier. The terms of this Luggage transportation agreement shall be valid as of the delivery of Passenger’s Luggage to the company operating the flight until such Luggage is returned to Passenger.
3.1.2. In case of Luggage transportation, Carrier shall provide Passenger with an evidence of delivery or a Luggage claim check with the date of issuance, the airport of destination, the number of the Luggage claim check and the number of pieces.
3.1.3. If Luggage is received without any complaint by Passenger, it shall be presumed to be in good conditions.
3.1.4. Carry-on Luggage shall mean any Luggage that is not checked and which consists of personal use objects only. Such Luggage is carried by hand by Passenger.
3.2. TRANSPORTATION RESTRICTIONS
3.2.1. Any checked or carry-on Luggage 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 Luggage owner shall be liable for any damages that he/she may cause to 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. TAM recommends that passengers use carry-on luggage to transport fragil or perishable articles, money, jewelry, negotiable papers, medications, keys, electronic equipment and accessories (cameras, mobile phones, movie cameras, notebook computers, tablets, etc.); in other words, any fragile, important or valuable objects.
3.2.5. TAM advises that it observes the provisions of the International Conventions regarding transport of passengers and baggage approved for Brazil, as well as the Brazilian Aeronautical Code, and is not responsible for loss, destruction or malfunctions to fragile, previously damaged or poorly packed bags or for perishable content.
3.2.6. As a result of anti-terrorism measures adopted by some countries, the following objects shall not be transported in carry-on or checked Luggage 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 and matches.
3.2.7. The Passenger should refuse to carry, in the hand luggage or to transport in the dispatched luggage, packages or objects received from strangers.
3.3. TRANSPORTATION OF FIREARMS
3.3.1. Any passenger wanting to carry a firearm on a national flight must arrive at least 2 hours prior to departure in order to undergo security procedures, bring all necessary documents and identify him/herself to the airport agent at the customer services desk. Verification, approval and release of the passenger for boarding corresponds to the Federal Police or, in their absence, to the public security body that performs police duties at the airport. Recreational arms must be checked-in and placed in the correct place in the plane’s hold. TAM is not responsible for any lack of documents or information that may lead to a delay in or prevention from boarding.
3.3.2. Any passenger wanting to carry a firearm on a national flight for professional reasons or on account of the position that he/she holds, must make him/herself known to an airport agent at the customer services desk at least 2 hours prior to departure in order to undergo security procedures, bringing all necessary documents to prove his/her authority to carry firearms for professional reasons or on account of the position that he/she holds. Verification, approval and release of the passenger for boarding corresponds to the Federal Police or, in their absence, to the public security body that performs police duties at the airport. TAM is not responsible for any lack of documents or information that may lead to a delay in or prevention from boarding..
3.3.3. Carriage of firearms is forbidden on international flights, except in the cases provided for in treaties, conventions and agreements, under the principle of reciprocity, when there is express authorisation from the Brazilian Government and the Government of the country the flight is landing in. In these cases, control will be the exclusive responsibility of the Federal Police and TAM will be responsible for facilitating carriage of the checked-in arms in the plane’s safe, following prior presentation of authorisation from the Government of the country of origin allowing entrance to the foreign country with a firearm, independent of the role or position the Passenger holds.
3.4.1. Passenger shall comply with Carrier’s restrictions and allowances, as well as with the applicable Legislation and rules in force, as far as luggage transportation is concerned.
3.4.2. For domestic Flights, the checked Luggage allowance per Passenger shall be of:
a) 30 kilograms for first class in aircrafts with more than 31 seats;
b) 23 kilograms for the other classes in aircrafts with more than 31 seats;
c) 18 kilograms for aircrafts with 21 to 30 seats;
d) 10 kilograms for aircrafts with up to 20 seats.
3.4.3. The checked Luggage allowance shall not be used to transport live animals.
3.4.4. The checked Luggage allowance applicable to aircrafts with the lowest seating capacity shall be valid for Flights with connections.
3.4.5. For International Flights, the checked Luggage 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.
3.4.6. For national flights, babies travelling on someone’s lap (who are not yet [two] years old), and who do not have a separate seat, will not have a checked-in luggage allowance and may only carry luggage to a maximum weight of 5 kg and a combined size (length + width + height) that is no greater than 115 cm. This luggage may be carried on board or checked in correspondingly.
3.4.7. For babies travelling on someone’s lap (who are not yet [two] years old), and who do not have a separate seat, the luggage allowance established for all classes will be as indicated on the following table, and the sum of the luggage dimensions must not be greater than 115 cm (45 inches):
NA: Not Applicable
WC: Weight Concept (no piece limit; weight limit)
PC: Piece Concept (piece and weight limit)
22.214.171.124. A stroller (collapsible, that fully closes) or a baby basket or seat may be carried in addition to the Luggage allowance.
3.4.8. The carry-on Luggage 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: 1 carry-on bag + one personal item; b) International Flights United States of America/Europe (Business Class and First Class): 2 carry-on bags + one personal item.
3.4.9. For domestic Flights, carry-on Luggage shall not exceed 5 kilograms and its overall dimensions (width + length + height) shall not surpass 115 cm or 45 inches.
3.4.10. The following items shall be allowed in carry-on Luggage 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; 3) an umbrella or walking stick (non-pointed); 4) camera, laptop or binoculars; 5) reading material; 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).
3.4.11. Passengers shall only bring the following items in carry-on Luggage: 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, cameras, portable games, cell phones, etc.).
3.4.12. Carry-on Luggage that exceeds the number of pieces and/or weight allowance shall be checked.
3.4.13. 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 children that occupies a seat has the right to 2 pieces of luggage of 32 kilograms each, with the following overall dimensions: width + length + height = 158 cm
3.4.14. The maximum weight of checked luggage (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 luggage which weight exceeds such limits shall be allowed in the aircraft.
3.4.15. For Flights originating in Europe on aircrafts operated by TAM or other airlines, the piece system that allows Passenger to check 2 pieces of luggage of 23 kilograms each, which overall dimensions shall not exceed 158 cm, shall be used. Exception: For Flights originating in Frankfurt, the allowance is 2 pieces of 23 kilograms each, for Economy Class, and 2 pieces of 32 kilograms each, for Business Class.
3.4.16. For Flights originating in the United Kingdom, the checked Luggage allowance is 2 pieces of 32 kilograms each.
3.4.17. If any luggage exceeds the limits above, fees shall be charged according to the exceeded parameter:
- A Luggage 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 luggage to be checked exceeds the relevant allowance;
- Two Luggage 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 luggage to be checked exceed the relevant allowance.
- Three Luggage excess fees shall be charged if the number of pieces, size and weight of any luggage to be checked exceed the relevant allowance.
3.4.18. Luggage transported through Europe shall not weigh more than 32 kilograms, since local conveyor belts are programmed not to receive luggage weighing more than 32 kilograms.
3.4.19. For Flights to Argentina, Chile, Uruguay, Paraguay, Venezuela and Colombia, the maximum Luggage 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.
3.4.20. For Flights to Peru (Lima), the checked Luggage allowance is as follows: a) economy class: 45 kilograms; b) business class: consider 66 kg (WC). No checked luggage shall weight more than 45 kilograms. In case of any piece weighting more than 45 kilograms, Passenger shall split the exceeding weight between the remaining pieces or send the piece at stake as cargo.
126.96.36.199. The Peruvian government shall charge a 19% fee over all charges in case of animal transportation and excess Luggage.
3.4.21. For Flights to or from Bolivia, the checked Luggage allowance shall be as follows: a) economy class: 30 kilograms; b) business class: 40 kilograms.
3.4.22. When a Ticket includes connections between Domestic and International Flights, the luggage system and the corresponding luggage allowance applicable to International Flights shall prevail.
3.5. SPECIAL ITEMS – ACCEPTANCE AND FEES
3.5.1. For Domestic Flights, acceptance and fees regarding transportation of special items shall be as follows (this list is subject to changes at any time):
a) Bicycles: Shall be accepted as checked Luggage with tires deflated, pedals removed and handlebars aligned.
b) Wheelchairs: No excess Luggage 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 Luggage provided that they fall within the weight and size restrictions of the applicable carry-on luggage allowance. Otherwise, they shall be placed on a seat, provided that Passenger makes a previous Reservation for an additional seat according to the same Fare and class of Passenger’s seat and provided that they weight not more than 75 kg (165 lbs). In such case, however, Passenger shall not be entitled to an additional luggage allowance.
d) Cellos: The transportation of a Cello is only allowed if it is placed on an additional seat or 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 luggage fee equivalent to 50% of the excess Luggage 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 Luggage fee equivalent to 33% of the excess Luggage fee applicable to the itinerary shall be charged.
3.5.2. For International Flights, acceptance and fees regarding transportation of special items shall be as follows (this list is subject to changes at any time):
a) Plasma/LCD televisions and monitors: A US$ 450.00 fee shall be charged for the transportation of each television or monitor larger than 26 inches 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 Luggage with tires deflated, pedals removed and handlebars aligned. Any excess shall be charged at the rate of 100% of the applicable excess Luggage fee.
c) Musical Instruments: Musical instruments shall be accepted as carry-on Luggage provided that they fall within the weight and size restrictions of the applicable carry-on luggage allowance. Otherwise, they shall be placed on a seat, provided that Passenger makes a previous reservation for an additional seat according to the same Fare and class of Passenger’s seat and provided that they weight not more than 75 kg (165 lbs). In such case, however, Passenger shall not be entitled to an additional luggage allowance.
d) Golf equipment (including bag with clubs and shoes): If the golf equipment exceeds the applicable allowance, an excess luggage fee equivalent to 50% of the excess Luggage 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 Luggage fee equivalent to 33% of the excess Luggage 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 Luggage allowance. The number of boards shall not exceed 3 (notwithstanding the number of cases).
3.5.3. 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 Luggage fee applicable to the itinerary shall be charged.
CHAPTER 4 – PASSENGER’S LIABILITY
4.1. Passengers must, subject to the application of security measures:
a) show up for boarding, with a valid identification document, at the time set forth by 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 allowed by the flight crew; g) not consume drinks other than those provided by Carrier; h) not carry dangerous items in their Luggage; i) not place the carry-on luggage in the aircraft aisles or in places that interfere with emergency exits; j) be attentive to all their duly identified luggage while in the terminal; and k) not carry any luggage that does not belong to them or which they do not know the contents of.
4.2. Duties set forth in section 4.1 above are only some examples of all Passenger’s obligations, and Carrier may take the following measures:
a) prevent the boarding of any Passenger who is drunk or under the influence of narcotics or other addictive substances;
b) prevent the boarding of any Passenger who is not appropriately dressed or shod or who refuses to go through any security check;
c) at its discretion, refuse to carry a Passenger who behaved improperly during a previous Flight and who could again jeopardize the Flight’s safety;
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 Luggage in view of any applicable Legislation, regulation or order and take any other measures to ensure the safety of the Flight.
4.3. The aircraft pilot in command has authority over all individuals and things on board, and may, in order to maintain the discipline in the aircraft, require 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 organization or discipline on board, or 5) puts at risk the safety of the aircraft or persons and goods on board.
4.3.1 – In the case of incidents with unruly Passengers onboard, in order to guarantee the safety of the other Passengers, TAM may require intervention by Federal Police or the competent police body.
4.4. If 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. In accordance with the provisions under the current Brazilian regulations, if the Passenger refuses to undergo civil aviation security checks in the departure airport, the access of the Passenger to security-restricted areas will be denied, and the Passenger will not receive authorization to board the airplane.
CHAPTER 5 – PASSENGERS IN CUSTODY
5.1. The carriage of a Passenger or underage Passenger under police custody on a national flight will be performed in accordance with all the requirements demanded by the National Civil Aviation Security Programme (PNAVSEC), Decree 7168 of 5 May 2010. They must arrive for identification for boarding at least 2 (two) hours before flight departure.
5.2. The carriage of a Passenger under legal custody on international flights will require prior communication to the Federal Police Department, to INTERPOL, to the Local Airport Authorities and to the Consulate in the Passenger’s destination country, and also to TAM for handling carriage and any stopover/connection. TAM must follow the same procedures used for Passengers under police custody.
CHAPTER 6 – CARRIER’S LIABILITY
6.1. Carrier shall be liable for any damage caused to Passengers and Luggage during the performance of the air transportation agreement.
6.2. Subject to the terms above provided for in the applicable Legislation in force: (a) Carrier’s liability for damages shall be limited to events in its own lines, except for checked Luggage, in which case 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) Carrier shall not be liable for damages to Passengers or Luggage that is not checked, provided that such damage is not caused by Carrier’s negligence; c) 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 Carrier’s liability shall apply to and benefit Carrier’s agents, employees and representatives, and any person whose aircraft is used by Carrier for transportation and his/her respective agents, employees and representatives.
6.3. For domestic flights, the terms and conditions, as well as the limitations of TAM’s liability for damages to Passengers or their Luggage, shall be set forth 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. TAM shall not be liable for:
a) any death or injury that exclusively results from Passenger’s health condition;
b) any accident exclusively caused by Passenger;
c) any Acts of God or force majeure events.
6.6. Schedules, itineraries, aircrafts indicated on Tickets, timetables or any other data are subject to changes and, whenever 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’ aircrafts, 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, which respective schedules are not appropriate for catching the connecting flights.
6.9. For domestic flights:
6.9.1. In case of delays of more than 4 hours at the departure airport, Carrier shall offer the following alternatives to Passenger: I – rebooking: a) one of its own Flights that provides a similar service to the same destination at the first opportunity; b) 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, Carrier may also offer Passenger to rebook a third party’s Flight that provides a similar service to the same destination.
6.9.2. In case of delays of more than 4 hours at a stopover or connecting airport, Carrier shall offer the following alternatives to Passenger: I – rebooking: a) one of its own or third parties’ Flights that provides a similar service to the same destination at the first opportunity; b) one of its own Flights on a date and time convenient to Passenger; II – refund: a) of the entire amount paid, ensuring return to the airport of origin, b) of the unused part of the Ticket 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, Carrier shall offer the following alternatives to Passenger: I – rebooking: a) one of its own or third parties’ Flights that provides a similar service to the same destination at the first opportunity; b) one of its own Flights on a date and time convenient to Passenger; II – refund: a) of the entire amount paid, ensuring return to the airport of origin, b) of the unused part of the Ticket if the trip already taken is beneficial to Passenger; III – completion of the trip by other means of transportation.
6.9.4. If, for some reason beyond Passenger’s control or fault, boarding is not possible, Carrier shall offer the following alternatives to Passenger: I – rebooking: a) one of its own or third parties’ Flights that provides a similar service to the same destination at the first opportunity; b) one of its own Flights on a date and time convenient to Passenger; II – refund: a) of the entire amount paid, ensuring return to the airport of origin in case of interruption; b) of the unused part of the Ticket 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 if, for some reason beyond Passenger’s control or fault, boarding is not possible, Carrier shall assure Passenger who shows up for boarding the right to receive material assistance.
6.9.6. Material assistance shall mean meeting the immediate needs of Passenger, freely and in a manner consistent with the estimated waiting time, counted as of the originally scheduled departure time, as follows:
a) more than 1 hour: communication facilities, such as phone calls, Internet access or others;
b) more than 2 hours: adequate food;
c) more than 4 hours: appropriate accommodation, transfer and, when necessary, hotel service.
6.9.7. 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 set forth in the Montreal Convention and applicable Legislation in force.
6.11. Rules applicable to international Flights:
6.11.1. Passengers which final destination or stopover country is different from the country of origin shall note 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. Carrier shall be liable for any damage in case 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. Carrier shall be liable for any destruction, loss or damage to checked Luggage, if such destruction, loss or damage occurs on board of the aircraft or while the checked Luggage is under Carrier’s custody. Nevertheless, Carrier shall not be liable to the extent that the damage is due to the nature, defect or failure of Luggage.
6.11.4. Carrier shall be liable for damages caused by delays in the transportation of Passengers or Luggage. Nevertheless, Carrier shall not be liable for damages caused by delays if it proves 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. Carrier shall not be able to exclude or limit its liability that does not exceed 113,100 Special Drawing Rights per Passenger in case of damages to Passengers aboard its aircraft. On the other hand, Carrier shall not be liable for such damages to the extent that they exceed 113,100 Special Drawing Rights per Passenger, if it manages to prove that: a) damages were not due to the negligence or other wrongful acts or omissions of Carrier or its agents; b) damages were solely due to the negligence or other wrongful acts or omissions of a third party.
6.12. In case of events occurred during international Flights, to or from the United States of America, the Customer Service Plan and Contingency Plan for Lengthy Tarmac Delays, in accordance with the regulations issued by the U. S. A. Department of Transportation (DOT), shall apply.
6.12.1. In case of tarmac delays of more than 4 hours in 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 informs pilot in command that such disembarkation shall result in significant disruption of the airport activities.
6.12.2. In case of tarmac delays in any airport in the United States of America, Carrier shall provide Passengers with adequate food and potable water in up to 2 hours, unless the pilot in command does not authorize such service for safety or security reasons. Moreover, while the aircraft remains on the tarmac, Carrier shall provide Passengers with access to operable lavatory facilities and adequate medical assistance if necessary.
6.12.3. In case of tarmac delays in any airport in the United States of America, Carrier shall inform Passengers about the flight status every 30 minutes, including the reasons for the delay, if known. 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 and Luggage which occurs during the performance of this agreement.
6.13.2. For Codeshare flights to and from the United States of America, Operator shall be responsible for transportation and for any damage caused to Passengers and Luggage.
6.14. For International flights to and from Europe, the European Regulation CE 2111/2005 of December 14th, 2005 shall apply, and the Carrier our authorized travel agents shall inform the Passenger of the identity of the operating air carrier. Where the identity of the operating air carrier is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier as soon as such identity is established.
CHAPTER 7 – SPECIAL PASSENGERS
7.1. Special passengers shall be deemed as: passengers requiring special assistance (people with disabilities, elderly (people aged more than sixty years), 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, through any telephone number or website listed in the last section of this Agreement.
7.1.3 In regards to individuals with special needs, or reduced mobility, TAM will act with the due diligence to meet the applicable legislation regarding aerial transportation of individuals with special needs or reduced mobility, in countries in which TAM operates.
CHAPTER 8 – TRANSPORTATION OF 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, Passenger shall submit the animal’s documents, as provided by the competent government entity and/or veterinarian.
8.2.1. The presentation of the mentioned above documents shall not guarantee approval of the animal transportation.
8.3. Dogs trained to lead visually impaired people, who entirely depend on them, shall be allowed on board, in addition to the luggage allowance and free of charge, provided that the necessary documents are submitted.
CHAPTER 9 – PERSONAL DATA
9.1. Passenger acknowledges that any personal data is provided to Carrier to be used for Reservations, Tickets issuance and provision of ancillary services, and that these data may be requested by certain government authorities. Thus, 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 - VALIDITY
10.1. This agreement shall come into force on January 26th, 2012, superseding all prior provisions, and shall be valid until it is replaced, at TAM’s discretion.
CHAPTER 11 - MISCELLANEOUS
11.1. All foregoing provisions may be amended in accordance with the applicable Legislation in force at the time of the agreement.
11.2. In case of any questions, complaints, suggestions and to purchase Tickets, please contact:
- Sales and TAM Fidelidade (Frequent Flyer Program): +55 11 4002-5700 (capitals) / 0800 570 5700 (other locations)
- Assistance to hearing impaired customers: 0800 555 500
- Talk to us: 0800 123 200