LAN Airlines Contract of Carriage
For the purposes of these terms and conditions, each term described below will be understood as follows:
1.1 "Ticket" or "Airline Ticket" represents the group of documents that establish the terms and conditions of the air transportation and baggage control contract which are found in all or some of the following documents: (i) the current Terms and Conditions of the Air Transportation Contract; (ii) the terms and conditions described in the "Information about your Purchase" document that is provided by the company or details about the reservation provided by any agent; (iii)the magnetically recorded electronic ticket; (iv) the specific terms and conditions applicable to the fare paid by the passenger; (v) the Boarding Card or Boarding Pass; and (vi) any communications and booking fees approved by aviation authorities in countries that require it.
1.2 "Carrier" or "Air Carrier" represents the airline that transports and/or agrees to transport the passenger and/or baggage under this contract or that performs any other service related to said air transportation.
1.3 "Warsaw Convention" refers to the Convention for the Unification of certain rules relating to international carriage by air, signed in Warsaw in 1929, and changes to these rules introduced by the Hague Protocol in 1955 and the Montreal Protocols in 1975.
1.4 "Montreal Convention" refers to the Convention for the Unification of certain rules relating to international carriage by air, signed in Montreal, Canada, on May 18, 1999.
2. General air transportation regulations
2.1 The issuance of the Ticket confirms agreement and acceptance of the terms and conditions for air transportation and of the transportation contract established between the passenger and the Carrier, whose names appear on the Ticket. The Ticket, which is issued in the passenger's name, is personal and non-transferable. It may be issued partially or entirely in printed form or as an electronic ticket.
2.2 The established stopovers are those noted on the Ticket or those that appear in the itineraries of the Carrier as scheduled stopovers in the passenger's flight itinerary. The transportation to be performed under this contract by several carriers consecutively is considered a single flight.
2.3 If the Carrier issues a Ticket for transportation on segments operated by another carrier, the Carrier will be only be acting in the capacity of agent on behalf of the latter.
2.4 Any exemption or limitation of liability of the Carrier under current national or international laws will apply and be to the benefit of the agents, employees and representatives of the Carrier as well as any other person or company whose aircraft is used by the Carrier to carry out the transportation and the agents, employees or representatives of said person or company.
2.5 The Carrier reserves the right, without restriction, to deny transport on any segment of the itinerary booked by the passenger, if the associated fare has not been paid fully or partially, if the payment method used by the passenger has been declined, revoked or invalidated or if the Ticket was obtained using means that violate the law.
2.6 Furthermore, the Carrier will deny boarding to a passenger, or will proceed to offload the individual, if it deems the passenger could affect the safety of the flight or of the other passengers. Specifically, the Carrier will deny boarding to any passenger that presents any attitude or behavior while on the ground and/or on board the aircraft that constitutes (i) any action contrary to instructions given by the cabin crew of the aircraft or any employee that works for the Carrier; and/or (ii) any behavior contrary to the reasonable behavior which a person or passenger should maintain; and/or (iii) a violation or offense which in the Carrier's opinion could place the safety of the aircraft or the people and goods on board at risk, or could endanger or jeopardize order and discipline on board the aircraft; and/or (iv) any attitude or behavior, in general, which in the Carrier's opinion may constitute refusal by the passenger to comply with instructions given by the cabin crew and/or attitudes that could endanger or put the flight at any risk and/or disturb order and/or discipline; and/or (v) any indication or signs of having consumed excessive amounts of alcoholic beverages and/or any psychotropic substance; and/or (vi) failure to comply with any law or regulation that applies or that does not comply with any requirement imposed by the governmental authority in question.
2.7 If necessary (including but not limited to an exceptional case or force majeure), the Carrier may cancel the flight, substitute other carriers and/or change the aircraft assigned to the flight and/or change or omit stopovers indicated on the Ticket if necessary. The Carrier assumes no responsibility in guaranteeing any connections the passenger booked with a third-party.
2.8 Any passengers who do not show up for travel, arrive late for boarding and/or check-in for the corresponding flight or affect the safety of the flight in any way described under the preceding paragraph 2.6, will lose their Ticket and may rebook it for another date if the terms and conditions of the fare that appear on the Ticket allow for this change. Any change in date, point of departure, destination or itinerary of the Ticket, as well as any refund of the amount paid is subject to the terms and conditions and restrictions of the fare booked by the passenger. Nevertheless, if the passenger does not carry out the trip and even if the fare paid does not allow for a refund of the Ticket, the passenger may request a refund from the Carrier of any airport taxes that are reimbursable based on the rules and regulations of the corresponding country. In the event that these taxes were not included in the amount paid (i.e. if they were collected directly by the airport), the passenger must request this refund directly from the corresponding airport authority, subject to the limitations and rules indicated previously.
2.9 The passenger must fly the flights or segments that make up the itinerary in consecutive order. Based on the terms and conditions established in the applicable legislation, the Carrier may deny boarding to a passenger who does not follow the order of the previously mentioned itinerary or if the passenger has not flown any of the segments indicated in the itinerary. The passenger understands that by not flying any segments indicated in the itinerary, the entire Ticket will be canceled without any warning and the passenger will not have any right whatsoever to a refund unless the fare conditions of the Ticket allow it. As an example, and without this condition being limited to this specific case, if the passenger does not fly on the first segment that is specified in the itinerary (understood as the outbound flight), this passenger may not travel on any other segment (understood as the stopover flight or the inbound flight).
2.10 Smoking is strictly prohibited inside the cabin of the Carrier's aircraft. The Carrier reserves the right to deny transportation to any passenger that is unwilling to accept this condition.
2.11 The Ticket is valid for one year from the date of issue or until the date specifically stated on the fare acquired by the passenger. Once this period or any other shorter period indicated in the fare conditions has passed, the Ticket may not be used.
2.12 Passengers are solely responsibility for informing themselves about, and obtaining and fulfilling all travel requirements imposed by any authority in the place of origin and the place of destination, and must present identification documents, permits for exit, transit or entry, visa and any other required documents dependent upon the destination. The Carrier will not be held liable whatsoever for any delays or boarding refusals passengers may experience in association with, or arising from, their failure to comply with this obligation. The Carrier will deny boarding to any passengers that do not present the necessary documentation or whose identity does not correspond to the one indicated on the Boarding Pass, without any further liability resulting for the Carrier.
2.13 The flights operated by the Carrier between countries that form part of the European Union (such as a flight from Madrid, Spain, to Frankfurt, Germany) are considered Non-Schengen (non-intracommunity) by the corresponding authorities in said countries, and therefore it is mandatory for passengers on these flights to go through customs and passport control in each country, ensuring that they carry all identity documents, visas, residency cards and authorizations required by the intracommunity countries. Each passenger has the responsibility and obligation to become informed about the required documentation. The Carrier will not be held liable for any damages or harm caused to passengers for failure to comply with these obligations. The same conditions apply to flights to/from Canada.
2.14 The passenger must show up at the gate or check-in desk at the time indicated by the Carrier, and if it has not indicated any specific time, the passenger should allow enough time to complete all necessary departure procedures; this must be no less than 2 hours before the scheduled departure of the flight.
2.15 In the event that there are more passengers with confirmed reservations for a flight than seats available, and provided they have completed the check-in procedures within the required time periods, the Carrier will ask for volunteers to give up their seats in exchange for some form of agreed compensation. If the Carrier does not have enough volunteers and must deny boarding to passengers against their will, these passengers will have the right to compensation as established by applicable laws.
2.16 The Carrier agrees to do everything possible to transport passengers and their baggage within a reasonable amount of time. The Carrier cannot guarantee compliance with times indicated on the Ticket or any other publication as they could change suddenly as a consequence of force majeure, safety reasons or other extraordinary circumstances. The Carrier will adopt all reasonable measures that are possible to avoid delays in transporting its passengers and their baggage. The Carrier assumes no responsibility for guaranteeing connections for events not attributable to it.
2.17 It is the passengers' obligation to notify the company if they require special assistance (for example, a wheelchair, stretcher, oxygen supply, traveling with service animals or emotional support animals, among others), with sufficient advance notice or at the time of purchasing their ticket. The Carrier will not be held responsible for any passenger that does not request the assistance in advance. Passengers must inform themselves with enough time before the trip, about any special transport requirements or conditions that they must fulfill and make the necessary arrangements prior to the acceptance of said passengers for boarding (for example, transport of an unaccompanied minor, an infant, etc.), releasing the Carrier from any responsibility in the event that the passenger is denied boarding for failing to comply with applicable rules and/or policies of the company that are currently in effect.
3. Baggage transportation regulations
3.1 In compliance with local and international regulations, the Carrier will deny the transportation as baggage (whether carry-on or checked), of any dangerous articles or substances that could pose a serious risk to health or the safety of the flight or any property, such as:
- Gases (compressed, liquid, stored in solution or heavily refrigerated) including non-flammable, toxic or harmless aerosols like butane, oxygen, liquid nitrogen, aerosols that contain paralyzing gases, refill tubes for liquid-gas lighters, etc.
- Corrosives, whether solid or liquid, such as acids, alkalies, mercury, liquid electrolyte batteries, etc.
- Explosives such as ammunition, fireworks and flares, briefcases with alarm devices, detonation devices for toy guns, etc.
- Flammable liquids such as fuel, paints, thinners, etc.
- Radioactive materials, regardless of their category.
- Oxidizers and organic peroxides such as bleach, fertilizer, etc.
- Toxic and infectious substances like: insecticides, pesticides, biological products that contain pathogenic germs, etc.
- Flammable solids such as matches.
- Weapons, which are understood to be any element or object that is made or could be used for attack or defense, such as firearms, bladed weapons, gases, electric shock devices, spiked, sharp or blunt objects, which could include objects like clubs, axes, walking sticks or bats that have weight inside them or have any sharp point.
3.2 With the aim in mind to ensure the safety of the flight and comply with current regulations, the Carrier and the airport security personnel may confiscate dangerous articles and substances carried on the Passenger's person or inside his/her carry-on baggage, in order to deliver them to the respective authorities in accordance with applicable local regulations.
3.3 A limited number of medicinal items and beauty products are permitted to be transported by passengers. Before placing them inside their baggage, the passenger must report these items to Carrier personnel.
3.4 Some of the articles mentioned above may be transported by air under certain special conditions, under an airway bill and subject to an air cargo fee. The passenger must consult the Carrier in advance about this.
3.5 Baggage is understood as only the personal items that are necessary to make the trip.
3.6 The passenger may not check the baggage he/she is transporting on any other flight except the one which he/she is going to board.
3.7 The Carrier will not check the baggage to a destination other than the one that appears on the passenger's Ticket.
3.8 The passenger must comply with the baggage weight, measurements and maximum allowances specified on the website www.latam.com and in the Information about your Purchase document referred to previously in section 1.1. Baggage allowance and payments or charges associated with excess baggage must be consulted directly with the airline or on the website www.latam.com.
3.9 The baggage allowance may vary depending on the fare conditions, cabin and route, and will be expressed in pieces or kilos. The Carrier reserves the right to change these baggage allowances and dimensions. The booking conditions and fares will be registered with corresponding local aviation authorities to the extent required.
3.10 As a safety precaution, items of carry-on baggage permitted to be taken on board with the passenger in the cabin must comply with the specified dimensions and weight allowances in order to fit in the overhead compartments or underneath the seats. It is the responsibility of the passenger to put their carry-on baggage in the overhead compartments; if the passenger cannot do so due to any physical difficulty they may have, they should have it transported as checked baggage. The passenger must comply with the weight, measurement and maximum carry-on baggage allowances that are specified on the website www.latam.com and in the Information about your Purchase document referred to previously in section 1.1.
3.11 Checked baggage will be delivered to the person carrying the baggage tag. In case baggage is damaged during transport or if there is a delay in the delivery of the baggage, a claim must be filed in writing immediately after discovering the damage or within the period specified by applicable legislation, whether it be for domestic or international flights. For the purposes of the previous paragraph, "delay" will be understood to mean any late arrival of the baggage for which the Carrier is directly liable.
4. Limits of liability
4.1 If a passenger's trip begins and ends in the same country, the transportation service and the limits of liability will be governed by the applicable legislation of the country in question. If the trip made by the passenger is international, the Warsaw Convention, the Montreal Convention or any other applicable international regulation shall apply, as appropriate. These conventions and regulations will control, as appropriate, the limits of liability for the Carrier in case of death or personal injury to the passenger and delays or cancellations of the flight, as well as loss, delay or damage of the baggage.
4.2 The Carrier states that for any transportation regulated by the Warsaw Convention, it will not invoke the limits of civil responsibility prescribed in article 22(1), in claims for compensatory damages that arise from death or personal injury. For this types of claim, the Carrier will not use the defenses from article 20(1) of the Warsaw Convention, for any claim that does not exceed 100,000 SDR. Except as provided for herein, the Carrier may use the other defenses established in the Warsaw Convention and the resources against third parties which are appropriate.
4.3 Regarding those items with high commercial value and electronic devices, the passenger must transport these items as carry-on baggage in order to always keep control of them, since the Carrier will only be liable up to the limits established by the law or applicable international conventions if they are transported as checked baggage.
4.4 The liability of the Carrier in case of death or personal injury to the passenger and/or for baggage loss, delay or damage in the case of transport between two points in the same country, is limited to the applicable laws and legislation of the corresponding country. Furthermore, the liability of the Carrier in case of death or personal injury to the passenger and/or for baggage loss, delay or damage on international flights, is limited by international conventions relating to international air transportation, whether by the Warsaw Convention or by the Montreal Convention, as applicable.
These terms and conditions only apply and regulate the routes operated by the Carrier. No agent, employee or representative of the Carrier has the authority to change or reject any provision in these terms and conditions.