Compañía de aviación Paraguaya sociedad anónima

Contract relating to carriage of passengers

Contenido

Applicability
1. The carriage of passengers and baggage on flights operated by Compañía de Aviación Paraguaya Sociedad Anónima (hereinafter the "Carrier") and other airlines operating as codeshare partners of the Carrier is subject to the terms and conditions set forth in this Contract of Carriage, and to the terms and conditions on the receipt for the electronic ticket, published fares and itineraries, and the Carrier's Internet website.
2. By purchasing an electronic ticket or by accepting carriage provided by the Carrier, the passenger accepts these provisions of the Contract of Carriage.
3. This Contract of Carriage is applicable unless it is contrary to duly ratified conventions and treaties, Paraguayan regulations, or the regulations of the countries where the Carrier operates.
4. In the event that any provision of this Contract of Carriage becomes invalid, the other provisions shall remain valid.
Definitions
1. "Codeshare Agreement" means a commercial agreement between two or more airlines permitting the use of the designator code of one or more airlines on a flight or segment operated by another;
2. "Ticket", "Passenger Ticket", "Electronic Ticket", "Ticket" and "E-ticket" mean the document issued by the Carrier or its authorized agent as proof of the contract of carriage. This document may be generated by electronic means. When providing a "Ticket", "Passenger Ticket", "Electronic Ticket", "Ticket", or "E-ticket", the Carrier gives the passenger a receipt for his/her travel itinerary; this contains the electronic ticket number and the code for locating the reservation in the Carrier's systems.
3. "Carrier" means the airline carrying the passenger and/or his/her baggage under this Contract of Carriage or performing any other service in connection with such air carriage;
4. "CAP" means the Código Aeronáutico Paraguayo [Paraguayan Aeronautical Code].
5. "Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929, signed in Warsaw and the amendments made by the Hague Protocol of 1955;
6. "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 18 May 1999;
7. "SDR" means Special Drawing Rights. The SDR is an international reserve asset created in 1969 by the International Monetary Fund to supplement the official reserves of member countries. Its value is based on a basket of four fundamental international currencies. SDR can be exchanged for freely usable currencies as defined by the International Monetary Fund;
8. "Baggage" means a passenger's articles, effects, and other personal items intended to be carried or used by the passenger. Unless otherwise specified, this term covers both baggage that is registered, dispatched, or checked; as well as unchecked baggage, also known as carry-on baggage;
9. "Carry-on Baggage" means articles, effects, and other personal items that the passenger keeps with himself/herself; it is under his/her custody, care, control and responsibility during the flight and his/her stay within the airports involved;
10. "Interline Transfer Baggage" means checked baggage that is transferred from the aircraft of one Carrier to the aircraft of another Carrier during the passenger's itinerary;
11. "Lost Baggage" means Checked Baggage that is not located after twenty-one (21) days of search, counted from the day on which the last flight of the passenger's itinerary ends;
12. "Permitted Free Baggage" or "Permitted Baggage Allowance" means the amount of luggage in weight, pieces, and/or volume that the passenger is entitled to carry at no additional cost; and the amount of pieces, volume and free weight allowed for each route and/or fare;
13. "Unclaimed Baggage" means baggage that arrives at an airport and is not claimed by any passenger. In some cases, unclaimed baggage may arrive without a tag or baggage receipt;
14. "Registered Baggage" or "Checked Baggage" means baggage that the Passenger has placed in the custody of the Carrier for carriage and for which the Carrier has given the Passenger a baggage tag;
15. "Baggage Receipt or Tag" means the document issued by the Carrier for the purpose of identifying registered luggage that was placed by the Passenger in the Carrier's custody.
16. "IATA" means the International Air Transport Association.
17. "Dangerous Goods" are all those elements or substances cataloged as explosives, flammable, gases, acids, corrosives, radioactive, biological material, and/or those considered as such by national or international regulations, including the applicable provisions on the subject issued by the IATA and ICAO.
18. "No-Show" is the situation that occurs when the passenger, who, having a confirmed reservation for a certain flight, does not show up at the time determined by the Carrier, with this leading to missing the booked flight or flights. In some cases, the no-show may result in charges or penalties for the passenger.
19. "ICAO" means the International Civil Aviation Organization.
20. "Special Services" are those services requested and/or required by the passenger based on his/her specific needs. Among others, special services may include requests for special meals, wheelchairs, transportation of minors, transportation of pregnant persons, transportation of pets, luggage of special dimensions, and sick passengers.
Ticket
1. The Carrier will carry only the passenger whose name appears on the electronic ticket.
2. The Carrier will not transport the passenger unless he/she presents a valid electronic ticket containing the flight coupon for that leg of the journey and the coupons for any remaining unused sequences. The passenger will not be transported unless he/she is satisfactorily identified and an electronic ticket for that particular trip has been issued in his/her name.
3. No change of name or transfer of contract of carriage is permitted.
4. In the event that an electronic ticket is used fraudulently, the Carrier may cancel it or cancel the electronic reservation, with the passenger having no right to any claim.
5. If electronic ticket purchases were verified using fraudulent credit cards, the Carrier will carry out the corresponding legal process and have the right to deny boarding to the passenger.
6. Any change of date, route, or itinerary that the passenger wishes to make is subject to the conditions of the purchased fare. In some cases, the passenger will have to pay a penalty for making such a change or modification.
7. Any airline miles, points or frequent flier schemes are subject to the policies adopted by the Carrier.
8. If the fare rule permits, the ticket may be reimbursable upon payment of applicable penalties.
9. All Carrier tickets are nonendorsable.
Passenger Obligations
1. It is the responsibility of the passenger to have all necessary documentation to start the trip. Documentation includes, but is not limited to, passport, national identity card, visas and/or any other permission required in order to leave the country where the flight begins, enter the country where the flight ends, or remain at any connecting points while in transit.
2. It is the passenger's responsibility to provide the Carrier with accurate and complete information regarding his/her personal and contact details. In the event that the contact
  information is erroneous or incomplete, the Carrier is released from any liability in the event of changes in the execution of the itinerary.
3. Passengers on international flights must be physically present at the airport of departure at least two (2) hours prior to the scheduled flight departure time in order to meet the requirements, procedures and formalities required by immigration, narcotics, and customs authorities of the country from which the flight originates.
4. Flight documentation is closed one (1) hour before the flight departure time. After that time, the passenger's reservation and space shall be freely available, with no liability for the Carrier.
5. Passengers opting for online check-in must be at the Carrier's airport counters one (1) hour and thirty (30) minutes before the flight departure.
Denied boarding
1. The Carrier may deny boarding to the passenger, without this giving rise to any liability for the Carrier, in the following situations:
  1. When the passenger is under the influence of alcohol, drugs, and/or narcotics, or with signs of intoxication that may jeopardize the safety of the flight or that of other passengers and/or crew members
  2. When the passenger does not comply with the governmental requirements established for making the journey, and does not have the necessary exit and entry documents, visas, and other migration or health requirements; or any other permits and/or authorizations that could potentially be required by the pertinent authorities;
  3. Insubordinate passengers who do not follow the instructions of the crew, or who display disruptive conduct that may jeopardize the safety of the flight, or that of other passengers and/or crew members
  4. When the passenger presents an electronic ticket acquired in a fraudulent manner or reported as stolen or falsified, or when the passenger does not provide a satisfactory identification document to the Carrier;
  5. When the person present for boarding the flight is not the person designated as passenger on the ticket;
  6. Passengers who do not check in at the airline counters at the time indicated by the Carrier;
  7. Passengers who, because of their condition, represent some degree of danger to the Carrier's ground personnel, its crew, or other passengers on the flight;
  8. When the passenger fails to comply with the conditions established in the Contract of Carriage;
  9. When the passenger is part of, or is involved in, an incident that threatens or endangers the physical integrity or safety of other passengers, crew members, or the Carrier's ground staff; or of the baggage, cargo, aircraft, or airport terminal;
  10. When the passenger does not comply with the aviation safety requirements as established by aviation authorities, the operator of the airport, or the flight security service provider;
  11. When the passenger does not allow his/her checked or carry-on baggage to be searched and/or requisitioned by government authorities, the flight security service provider, or the Carrier, as the case may be;
  12. When the passenger presents a threat to flight safety and health, on-board comfort, order, or discipline, the health or convenience of the other passengers and crew members;
  13. When the passenger has committed serious misconduct on a previous flight;
  14. When the passenger is on a "do not fly list" issued by governmental authorities of any of the countries in which the Carrier operates.
  15. When the passenger has not paid the fare, taxes, and other charges applicable to the purchased electronic ticket;
  16. When the passenger has not used the E-ticket coupons in the correct order;
  17. When the passenger presents an electronic ticket that has been tampered with, and that was not issued by the Carrier or its authorized agent, or when such a ticket appears to be altered in any way.
  18. When the passenger is, or appears to, be ill, and in the judgment of the Carrier and/or a doctor in the airport health service cannot be safely transported; or when he/she may jeopardize the safety or health of the other passengers and crew members;
  19. When the passenger exhibits aggressive or unacceptable behavior;
  20. When such denied boarding is in accordance with the laws, regulations, or orders of the competent authorities; and
  21. When such denied boarding is due to weather conditions, unforeseen circumstances, or other conditions not under the control of the Carrier, or that are external to the Carrier; including, but not limited to, situations of force majeure or fortuitous event, such as riots, strikes, acts of terrorism, war, or armed conflicts.
Baggage
1. Baggage must be transported on the flight on which the passenger is traveling. Checked baggage must be deposited by the passenger with the Carrier at the airport locations designated by the Carrier for this purpose.
2. Passengers have the obligation to properly identify both their carry-on and checked baggage. Such identification shall contain the passenger's contact information, including, but not limited to, first and last names, telephone number, email address, and permanent address.
3. For the purpose of checking baggage and depositing it with the Carrier, the passenger must present an electronic ticket stating the flight number, date, time and destination to which the passenger is going, as well as the reservation code.
4. All baggage is subject to review by government authorities, the airport operator, and the Carrier.
5. The Carrier may refuse to accept, and therefore to carry, baggage that:
  1. Is improperly packaged
  2. Exceeds the maximum dimensions and weights allowed by the Carrier
  3. May present a risk to other baggage within the aircraft baggage compartment, including but not limited to corrosive liquids and sharp objects that are not adequately protected
  4. Contains Dangerous and/or Prohibited Goods in accordance with the relevant ICAO and IATA provisions, Carrier policies, and/or specific regulations that may be adopted by the countries in which the Carrier operates; and
  5. Contains substances that are prohibited from being carried by air
6. Unclaimed Baggage
  1. Unclaimed Baggage is that which is not claimed by its owner or his/her authorized representative (or for which the owner has not submitted a claim), once the formalities required by applicable law have been completed, for a period of six (6) months from the end of the flight on which it was checked and/or the time when it was found by the airline; it shall be understood to be abandoned, in which case the Carrier may dispose of such luggage.
7. Baggage Allowance
  1. On all flights operated by the Carrier, the free baggage allowance shall be up to 44 lb. (20 kilograms).
8. The Carrier may, at its sole discretion, modify its baggage allowance policy at any time.
9. In any case, changes and/or modifications made by the Carrier to its policy will not apply to the passenger retroactively.
10. Excess, Overweight and Oversize Baggage Limits and Fees
  1. Fees for excess baggage, overweight and oversize baggage, and extra pieces of baggage are available on the Carrier's website.
11. Carry-on Baggage
12. The passenger may board the aircraft with one carry-on item weighing up to 11 lb. (5 kilograms). No item of baggage may exceed the permitted weight and/or dimensions. 11.8 in. (30 cm) x 7.9 in. (20 cm) x 11 in. (27 cm) (height x length x width)
Special Services
1. Passengers must request special services from the Carrier at the time of booking or up to seventy-two (72) hours before the departure of the flight.
2. Carriage of minors
  1. For the purposes of the Contract of Carriage, a minor is a person who has not reached the age of twelve as of the date of the flight.
  2. Likewise, an infant is considered to be a minor who as of the date of the flight, has not reached the age of two, who travels without occupying a seat, and is accompanied by a responsible adult.
  3. The infant will travel on the lap of the responsible adult, after the adult has secured his/her seatbelt. The infant is required to have an airplane ticket. If the responsible adult wants the infant to occupy a seat, he/she must pay the cost of the airfare and must carry an infant seat approved by international standards as suitable for use in an aircraft.
  4. A minor child who, as of the date of the flight, has reached the age of two but has not reached the age of twelve, must occupy a seat and pay the appropriate fare.
  5. An adult passenger may be responsible for a maximum of two infants under the age of two, in which case the second infant must travel in a child seat at the appropriate fare. Such infant seats shall be provided by the Passenger and must be used in unoccupied seats in the aircraft; they may not be used in emergency rows and must remain properly secured to the aircraft seat for the entire duration of the flight. Infant seats will be assigned to seats that do not obstruct the exit of other passengers.
  6. Children under the age of five may not travel without the company of a responsible adult.
3. Pregnant Women
  1. Pregnant women must inform the Carrier of their condition and the number of weeks of pregnancy, even if this is not obvious.
  2. Pregnant women should not travel by air if their pregnancy exceeds 30 weeks, unless the trip is strictly necessary and is duly authorized by the passenger's physician.
  3. In addition to being dated, stamped and signed by the responsible physician, the medical certificate must indicate that the passenger is fit to travel.
  4. In addition to presenting the Carrier with the medical certificate in question, the passenger must sign a personal declaration exonerating the Carrier from any type of liability.
Overbooking
1. In some cases, flights operated by the Carrier may be oversold or over-booked.
2. Overbooking means that the Carrier is unable to provide seats to passengers holding a confirmed electronic ticket for a given flight.
3. In the event of an overbooking, the Carrier will seek out passengers holding reservations and confirmed seats and ask them to voluntarily board a different flight. The Carrier may grant additional compensation to these passengers who voluntarily decide to take another flight.
4. In the event that, despite having obtained volunteers, the flight continues to be overbooked, any passenger involuntarily denied boarding, despite holding a confirmed reservation for that flight, shall be entitled to the compensation established by applicable laws or, where there are no applicable laws, the compensation established by the Carrier.
5. For the purpose of providing such compensation, the Carrier may use cash, negotiable checks, or vouchers issued by the Carrier.
6. When allocating seats on the aircraft in the event of overbooking, the Carrier shall observe the following priority:
  1. Disabled passengers
  2. Unaccompanied minors
  3. Passengers belonging to the Carrier's frequent flier program
  4. Passengers with confirmed seats, regardless of the order in which they were checked in and
  5. Passengers who do not have confirmed seats, depending on the order in which they were recorded, or the order in which they were placed on the Carrier's waiting list
Liability
1. The Carrier is liable for any damage caused in the event of death of, or bodily injury to, a passenger, only if it occurs solely because of an accident that caused such death or injury on board the aircraft, or during any boarding or deplaning operation.
2. The Carrier is liable for any damage caused in the event of destruction, loss, or damage to checked baggage only if the cause of such destruction, loss, or damage took place on board the aircraft, or during any period in which the checked baggage was in the custody of the Carrier.
3. In the case of unchecked baggage, including personal items, the Carrier is liable if the damage is due to its fault, or that of its dependents or agents.
4. The Carrier is liable for damage caused by delays in carriage of passengers, baggage, or cargo.
5. Limitation of Liability
  1. In the event that the passenger's itinerary includes international air carriage, the Carrier's liability may be governed by the Montreal Convention of 1999, or by the Warsaw Convention of 1929, as amended by the Hague Protocol of 1955. If any of these international instruments are applicable, the Carrier's liability may be limited to cases of death or bodily injury, loss of or damage to baggage, and delays.
  2. If the Montreal Convention is applied, the limits of liability are as follows:
    1. In the event of death or bodily injury to the passenger, there is no limitation of liability.
    2. In the event of destruction, loss, damage, or delay of baggage, the Carrier's liability is limited to SDR 1,131 per passenger, unless the passenger has made a special declaration of value of the checked baggage;
    3. For damage caused by delays, the Carrier's liability is limited to SDR 4,694 per passenger.
  3. If the passenger's itinerary involves cabotage transport within the territory of the Republic of Paraguay, the CAP provisions on the subject shall apply. Accordingly, the Carrier's liability for death or bodily injury suffered by the passenger is limited to fifteen thousand (15,000) minimum daily wages. The Carrier's liability for luggage lost, destroyed, damaged or missing is limited to three and a half minimum daily wages per kilogram, unless, if applicable, a special declaration of value was made, subject to payment of an additional fee. With regard to the items that the passenger carries him- or herself, the liability for each traveler is limited to a sum equivalent to thirty minimum daily wages. In the event ofdamage caused by delay or denial of boarding due to overbooking of passengers, or in the context of passenger cabotage itineraries, the Carrier's liability is limited to thirty minimum daily wages per passenger, or the price of the ticket to the flight destination, whichever is less.
6. Limitation of Liability
  1. With regard to death or personal injury suffered by the passenger in the context of an international air transport itinerary, the Carrier may limit its liability in some cases if it proves that:
    1. The damage was not caused by the negligence or other wrongful act or omission by the Carrier, its employees or agents or
    2. The damage was caused solely by the negligence or other wrongful act or omission by the Carrier, its employees or agents
  2. The Carrier shall not be liable for illness, injury, or death attributable to the passenger's previous physical condition or to the aggravation of such condition, if: said condition is not attributable to the Carrier; the Carrier took all necessary measures to avoid the damage; or it can be proved that it was impossible for the Carrier to take such measures.
  3. In the case of international transportation, any legal action for passenger injury or death claims must be filed within two years of the aircraft's date of arrival or the date on which it should have arrived.
  4. In the case of baggage, the Carrier shall not be liable if the damage is due to the type of the baggage, or to a defect or flaw in the baggage. The Carrier shall also not be liable if the damage to the baggage is caused by an event absolutely external to the Carrier, such as, for example, the inspection of baggage by narcotics personnel in a country where the Carrier operates.
  5. In the event of a delay, the Carrier shall not be liable for damage caused by such delay, if it can be proved that the Carrier and its employees and agents took all reasonably necessary measures to avoid the damage; or that it was impossible for it or them to take such measures.
  6. The Carrier shall not be liable for indirect, consequential, or any other form of non-compensatory damage.
  7. The Carrier shall not be liable for damage caused to articles or goods whose carriage is prohibited.
  8. The Carrier shall not be liable for any damage resulting from compliance with applicable laws, nor for a failure
  9. The Carrier may mitigate, reduce, or claim exemption from liability in cases of contributory fault by the passenger.