This agreement governs the rights and obligations of FB Líneas Aéreas S.A. (hereinafter, "Flybondi"), as Carrier, and the Passenger (hereinafter, the "Passenger") regarding the carriage service contracted, which shall be regulated by the relevant provisions of the Aviation Code of the Argentine Republic and, in case of international flights, the Montreal Convention and other applicable rules.
Terms and Conditions
General Terms and Conditions of the Contract for Carriage of Passengers and Baggage by Air of FB Líneas Aéreas S.A. (“Flybondi”)
For all purposes hereof, the following terms shall have the meaning ascribed below: A. "Ticket" or "Airline Ticket" refers to the nominative, personal and non-transferable document which evidences the execution and conditions of the contract for carriage by air between Flybondi and the passenger, attests to the control of the baggage or any extra baggage (when appropriate according to the services contracted by the Passenger), is issued by Flybondi exclusively on an electronic basis and is comprised by all or some of the following documents: (i) these "General and Specific Terms and Conditions of the Contract for Air Carriage Services"; (ii) the "Specific Terms and Conditions applicable based on the fare paid by the passenger"; (iii) the "Specific Terms and Conditions of the Contract for Baggage and Extra Baggage Air Carriage Services"; (iv) the provisions of the document entitled "Documentation to Submit" provided by Flybondi to the Passenger; (v) the magnetically-registered electronic ticket in the Passenger's name; and (vi) the Boarding Pass electronically-issued in the Passenger's name. B. "General Terms and Conditions of the Contract for Air Carriage Services" refers to these General Terms and Conditions of Carriage. C. "Specific Terms and Conditions of the Contract for Air Carriage Services" refers to the terms and conditions set forth in the document attached to these General Terms and Conditions, and governing the specific terms and conditions of the carriage service contracted, according to the fare paid by the Passenger. D. "Specific Terms and Conditions of the Contract for Baggage and Extra Baggage Carriage Services" refers to the terms and conditions set forth in the document attached to these General Terms and Conditions, governing the specific terms and conditions pertaining to the Baggage and Extra Baggage carriage services. E. "Convention" means any of the following instruments, as applicable: (i) Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on October 12, 1929 (the Warsaw Convention); (ii) Protocol to amend the Convention for the Unification of Certain Rules relating to International Carriage by Air. The Hague, September 28, 1955; (iii) Montreal Protocols I, II, III and IV. Montreal, 1975; (iv) Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier. Guadalajara, 1961; (v) Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 1999; and in general, any international treaty or instrument applicable to the services of the Carrier. F. "Baggage Content Value Declaration" refers to the special statement made by the Passenger at the check-in and upon payment of a fee if so required by the regulations of the Carrier regarding the contents of his/her baggage; in case of an incident, the Carrier must pay the value declared, unless it exceeds the real value of the baggage which should have been delivered to the passenger at destination. G. "Baggage" refers to the items, objects and other personal belongings of a Passenger, intended to be carried or used by the Passenger. Except as otherwise provided for, this term refers to both the Passenger's baggage taken to the hold and the unchecked or carry-on baggage. H. "Carry-On Baggage" is the baggage that the Passenger keeps in his/her custody and care, and under his/her control and responsibility, during the flight and the Passenger's stay at the airports involved. The weight and dimensions of this type of baggage is limited to the terms and conditions set forth by the airline and specified herein. (For more information about weight and dimensions allowed in Flybondi, please visit the following website: [blank]). I. "Checked Baggage" and/or "in the Hold" is the baggage placed in the Carrier's custody for carriage and for which a bag tag is provided to the Passenger and placed in each piece received as well. J. "Excess Baggage" refers to baggage with a weight exceeding the maximum weight allowed by Passenger for baggage in the hold or carry-on baggage. K. "Company or Carrier" means Flybondi. L. "Passenger" or "Client" is the person, except crew members, being or to be transported on an aircraft under the contract for carriage. M. "Confirmed Reservation" refers to any carriage request made by a Passenger, registered by the Carrier. N. "Fare" is the price of the carriage by air for a specific route and the seat assigned by Flybondi. It includes the baggage allowance, and the assignment of the passenger seat is based on the type and conditions of the service rendered by Flybondi. Ñ. "Non-Refundable Fare": It is a special condition of some special or promotional fares, with a restriction for the reimbursement of the ticket actually paid. O. "Carrier" refers to the airline which carries or undertakes to carry the passengers and/or their baggage hereunder, or which provides any other service related to said carriage by air. P. "Flight segment" refers to each of the segments included in a trip and including transportation from the departure airport to the destination airport. Q. "Web Check-In": Procedure by which the passenger grants his/her acceptance on a flight and receives the corresponding boarding pass through electronic means and without the intervention of the airport staff.
General Rules of Carriage by Air
General Rules of Carriage by Air
A. The stopovers agreed upon are those mentioned in the Airline Ticket or those appearing in the Carrier's itineraries as stopovers contemplated in the Passenger's route. The carriage to be made hereunder by several carriers successively is considered as a single operation. B. The Carrier's obligation shall be understood as fully and completely performed upon carrying the Passenger and his/her Baggage reasonably on time, taking into account the special circumstances of the case. The Carrier shall make reasonable efforts to carry the Passengers and their Baggage according to the itineraries published and those indicated on the Ticket. C. The Carrier may substitute airlines or aircraft, delay or cancel flights, change the assignment of seats, and modify or remove the stopovers provided for in the Ticket at any time, with good cause and in accordance with current regulations. D. The Carrier may suspend, delay and/or cancel the flight or modify its conditions if necessary due to adverse weather conditions, security reasons, force majeure events and/or acts of God, without this implying any liability attributable to Flybondi. E. Any release or limitation of the Carrier's liability by virtue of local or international regulations in force, shall apply and inure 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 for performing the carriage, and the agents, employees or representatives of said person or company. F. Similarly, the Carrier shall deny boarding to a passenger or arrange for his/her unboarding if it considers that the passenger could compromise the safety of the flight or the Passengers. In particular, boarding shall be denied for any Passenger having an attitude or behavior which, either on board the aircraft or on the ground, constitutes (i) an act contrary to the instructions given by the aircraft crew or any of the employees of the Carrier; and/or (ii) a conduct contrary to the reasonable behavior to be maintained by person or passenger; and/or (iii) a violation or offense that, in the Carrier's opinion, could endanger or compromise the safety of the aircraft or the persons or property therein, or endanger or compromise good order and discipline on board; and/or (iv) in general, any attitude or behavior that, in the Carrier's opinion, constitutes refusal to comply with the instructions given by the crew and/or any attitude that could endanger or compromise the operation and/or disturb peace and/or discipline; and/or (v) an indication or sign of having ingested alcoholic beverages in excess and/or some psychotropic substance; and/or (vi) a breach of any applicable law or regulation or failure to satisfy any requirement imposed by the corresponding government authority. G. All Passengers who do not appear for traveling or who arrive late for their boarding and/or check-in on the corresponding flight will lose the flight segment associated with that flight, without any possibility of requesting a change or refund of the fare paid. However, in case the passenger does not make the trip, he/she may request the refund of any refundable airport charges according to the rules or limitations of the corresponding country. If these charges have not been included in the amount paid (for instance, they were charged directly by the airport), the passenger must request a refund directly from the corresponding airport authority, subject to the limitations or rules indicated above. H. It is the Passenger's sole responsibility to know, obtain information on and comply with the requirements for traveling imposed by any relevant authority, and the Passenger must submit the identification, departure, passage, entry, visa and other documents required depending on the destination, without any liability for the Carrier due to any delay or denial of boarding suffered by the Passenger in relation to or arising from any breach by the latter of said obligation. The Carrier will deny boarding to those passengers who do not submit the necessary documentation or whose identity does not correspond to that indicated on the Boarding Pass, without this implying any liability attributable to the Carrier. The Carrier shall not be responsible for any information or assistance provided to a Passenger by any agent, employee or representative of the airline or by third parties in relation to obtaining said documents and/or complying with applicable laws and regulations. I. The Passenger must appear at the boarding or check-in counter at the time indicated by the Carrier or, if no time has been set, sufficiently in advance to comply with the departure procedures, which may not be less than 2 hours before the time scheduled for departure of a domestic flight and 3 hours in case of international flights. J. Any Passenger not appearing for traveling, not arriving at the time indicated or not appearing sufficiently in advance as required risks losing the flight segment corresponding to his/her trip. In such a case, there shall be no possibility of any change or refund of the fare, products or services, and the Passenger may only request the refund of any boarding fees paid. 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 periods of time, the Carrier will ask for passengers willing to give up their confirmed 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 be entitled to compensation as established by applicable laws. Furthermore, the Specific Conditions associated with the fare paid shall be applicable to the Ticket in matters such as changes of time, dates, and route, as well as other changes and issues, having the purchaser accepted such conditions when he/she bought the Ticket. In any case, the Tickets shall be issued for a certain person, for a given date and for a corresponding fare. Therefore, any change that the Ticket holder might request shall conform to the regulations of the fare paid. Any agreement at the request of the Passenger implying a revalidation of the original Ticket or the reissuance of a new Ticket shall be at the Passenger's cost and expense. L. In all cases, the Carrier shall require prior notification of a Passenger's special needs for a flight, for instance, passengers with disabilities or diseases (for instance, if they need a wheelchair, oxygen supply, etc.) or if they need to travel with service animals. Passengers must obtain information sufficiently in advance 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 liability in case the Passenger is denied boarding for failing to comply with the applicable rules and/or policies of the company in force.
The price of the Ticket only includes the Passenger and Baggage carriage service contracted (according to the terms and conditions of the fare paid) from the departure airport to the destination airport, as well as all scheduled stopovers in the case of conjunction Tickets. The price of the Ticket does not include land carriage services between airports, nor between the airports and/or terminals of the destination city.
Rules for the Carriage of Baggage
Rules for the Carriage of Baggage
A. The Passenger and his/her Baggage shall be carried in the same flight. All Baggage shall be timely checked by the Passenger at the Carrier’s check-in counters located at the airport. B. The Carrier shall not check the Baggage for a destination other than the one appearing on the Passenger's Ticket. C. The terms and conditions for Baggage acceptance are as follows: i) the Baggage shall be checked and dispatched only at the modules indicated by the Carrier; ii) the Passenger shall duly identify his/her Baggage with his/her full name, telephone number, e-mail and permanent address; iii) all Baggage is subject to inspection both by the Carrier and by competent authorities. D. The Carrier may restrict or deny acceptance of all Baggage with one or more of the characteristics described below: i) Baggage not properly packed; ii) Baggage that exceeds the Carrier’s maximum dimension and weight limitations for Baggage; iii) Baggage that may pose a risk to other baggage inside the aircraft cargo area, including, but not limited to, corrosive liquids and improperly covered sharp objects. E. "Dangerous Goods" and/or "Prohibited Goods" mean those goods categorized as such by the IATA Dangerous Goods Regulations, by governmental laws or by the Carrier’s own regulations, including, but not limited to: (i) Gases: compressed, liquid, in solution or intensely refrigerated gases, including sprays, which are flammable, toxic or harmless, such as butane, oxygen, liquid nitrogen, paralyzing or pepper gas, liquid gas lighter refills, etc.; (ii) corrosives, whether solid or liquid, such as acids, alkali, mercury, liquid electrolytic batteries, etc.; (iii) explosives, such as ammunition, fireworks, flares, bags with alarm devices, fuses for toy guns, etc.; (iv) flammable liquids, such as fuels, paints, solvents, etc.; (v) radioactive materials of any kind; (vi) oxidizing materials and organic peroxydizers, such as bleaches, fertilizers, etc.; (vii) toxic or infectious substances, such as insecticides, pesticides, biological products containing pathogenic germs, etc.; (viii) flammable solids, such as matches; (ix) weapons, understood as any element or object that is manufactured for 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 are heavy or have sharp points. To ensure the safety of the flight and to comply with the all rules in force, the Carrier and the airport security staff may confiscate any Dangerous Goods carried by the Passenger in his/her Baggage for the purpose of handing them over to the corresponding authorities according to applicable local rules on the matter. A limited number of medicinal items and beauty products are permitted to be carried by passengers. Before putting them inside the Baggage, the Passenger must report these items to the Carrier’s staff. Some of the items or products mentioned above may be carried by air in certain special conditions under an airway bill and subject to an air cargo fee, and thus the Passenger must consult the Carrier in advance about this. F. Baggage in the hold. (i) The Passenger shall comply with the weight, dimensions, and maximum allowance requirements described in the Specific Terms and Conditions of each Ticket. The baggage allowance and the fees or charges per excess baggage are set forth in the Specific Terms and Conditions and are also available at www.flybondi.com. (ii) The Baggage allowance may change according to the fare conditions and shall be expressed in pieces of baggage or kilograms. The contracting terms and fares shall be registered with the corresponding local aviation authorities to the extent required. (iii) The Carrier is entitled to deny carriage of all or part of any Baggage exceeding this allowance or for which an excess Baggage charge has not been duly paid by the Passenger. G. Charges for extra and excess baggage. (i) Fees charged for excess Baggage shall depend on the route flown by the Passenger and shall be calculated per extra kilogram. Any applicable tax of the corresponding country shall be added to these charges; in the case of Argentina, 21% (VAT). Excess Baggage shall be charged according to the provisions set forth by the airline at www.flybondi.com. (ii) Passengers shall pay all excess Baggage at the airline counter or sales office of the airport of departure, depending on the method of payment. This means that the Passenger must go to the counter to check if he/she has excess Baggage. If so, the Passenger must pay the amount informed. (iii) All extra Baggage carried by the Passenger shall be paid as an extra piece of baggage, which has an associated cost. H. Baggage loss, delay or damage. The liability of the Carrier in case of baggage loss, delay or damage on international flights is limited by law, the Aviation Code or the Montreal Convention, as applicable, unless the Passenger declares a higher value in advance.
5. Límites de responsabilidad en el transporte
5. Límites de responsabilidad en el transporte
A. Si el viaje de un Pasajero se inicia y termina dentro de un mismo país, la responsabilidad por el servicio de transporte de Pasajeros y/o Equipaje, como también la responsabilidad en caso de muerte o lesiones corporales del Pasajero y/o por la pérdida, retraso o daño al equipaje, y los límites de responsabilidad respecto a todo lo anterior, estarán regulados por la legislación aplicable de dicho país. En caso que el viaje de un Pasajero tenga el carácter de internacional, serán aplicables la Convención de Varsovia o la Convención de Montreal o cualquier otra Convención o normativa internacional aplicable, según corresponda.
B. Respecto de los artículos de alto valor comercial y artículos electrónicos (incluyendo, pero sin excluir otros, computadoras, dinero, joyas, medicamentos, documentación y/o artículos personales de valor), el Pasajero deberá transportar estos objetos como Equipaje de Mano, con la finalidad de mantener siempre la custodia de los mismos, ya que el Transportista no responderá por éstos más allá de los límites establecidos en la ley o convenciones internacionales aplicables en caso de ser transportados como Equipaje en Bodega y sujeto a su acreditación.
A. Denial of boarding due to overselling. In case it is necessary to deny boarding to a Passenger due to overselling, the Carrier shall first attempt to find passengers who are willing to give up their reserved seats in exchange for compensation by the Carrier. If there are no voluntaries or if their number is insufficient, and it is necessary to deny boarding to one or more passengers against their will, the following rights shall arise therefrom: 1. Passenger's choice: a) to be boarded on the next available flight of the Carrier or on an alternate means of transportation if he/she persists with the contract for carriage by air; or b) to be reimbursed for the total amount paid for the Ticket if he/she desists from the contract for carriage, the execution of which has not started yet; or c) if it is a trip with stopovers and/or connections that has already started, the Passenger may opt between: (i) being boarded on the next available flight of the Carrier or on an alternate means of transportation if he/she persists with the contract for carriage by air; (ii) being reimbursed for the unused portion; (iii) being returned to the starting point, with a refund of the Ticket price. 2. Economic compensation: The Carrier shall also offer the affected Passenger an amount of money equivalent to: a) U.F. 2 for flights of less than 500 kilometers; b) U.F. 3 for flights between 500 and 1,000 kilometers; c) U.F. 4 for flights between 1,000 and 2,500 kilometers; d) U.F. 10 for flights between 2,500 and 4,000 kilometers; e) U.F. 15 for flights between 4,000 and 8,000 kilometers; f) U.F. 20 for flights of more than 8,000 kilometers. In relation to this compensation, it is necessary to consider the following terms:
- The Passenger accepting this compensation may not subsequently bring flight segmental actions against the Carrier for denying boarding.
- If pursuant to item i) of number 1 above, the Passenger is boarded on the next available flight of the Carrier, and the difference between the departure time in relation to the time contemplated for the flight initially reserved is less than three hours, no compensation shall be applicable.
- “Trip with stopovers and/or connections” shall be understood as any trip having a starting point, a point of destination and one or more intermediate points of stopover and/or connection, when they are part of the same contract.
- Unaccompanied minors, persons with disabilities, passengers of advanced age or with a delicate health condition should be boarded on a priority basis, jointly with pregnant women that, due to their condition, may require priority boarding, and in general, all passengers that should be given priority boarding due to humanitarian reasons qualified by the Carrier. B. Welfare benefits. If the Passenger persists with the contract for carriage, the Carrier shall be obliged to provide the following welfare benefits: a) Communications that the Passenger needs to make, whether by phone, electronic means or any other similar manner, if there is a difference greater than 3 hours as to the departure time contemplated for the initially reserved flight. b) Necessary food and snacks until boarding on the other flight if there is a difference greater than 3 hours as to the departure time contemplated for the initially reserved flight. c) Accommodation for Passengers with inbound flight and for Passengers with outbound flight who have been denied boarding at a point of connection, not residing in the city, district or area of the departure airport, in case they are offered a new flight with departure on at least the day following the scheduled departure in the Ticket, and provided that the Passenger must stay one or more nights and the waiting time to board the other flight so requires it. “Night” shall be understood as the period from midnight to 6:00 a.m. d) Transfer from the airport to the place of residence of the Passenger in the city, district or area of the departure airport, or to the accommodation location, and vice versa, if applicable. e) The arrangements and benefits that may be necessary to continue the trip in case the Passenger loses a connecting flight with a confirmed reservation. A “connecting flight” shall be understood as any trip having a starting point, a point of destination and one or more intermediate points of connection, when they are part of the same contract. C. Delays or Cancellations. The Carrier is obliged to render the carriage service on the date, at the time and under any other stated terms and conditions. However, the Carrier may suspend, delay and/or cancel the scheduled flight or modify its terms due to security reasons or force majeure events, such as adverse weather conditions, war, civil insurrection, or threats against the aircraft. In these cases, any of the contracting parties may terminate this contract, each bearing their own costs. Regardless of the above, in case of delay or cancellation of a flight, the affected Passenger shall have the following rights: a) To board the next available flight of the Carrier or an alternate means of transport if he/she persists with the contract for carriage by air, whether the flight has not yet begun or it has been initiated and is at a stopover and/or connection. b) To the welfare benefits established for denial of boarding, provided that the cause of the delay or cancellation is attributable to the Carrier. c) To a refund of the total amount paid for the Ticket or any portion not used, as appropriate, if the Passenger persists with the contract, whether or not the cause of the delay or cancellation is attributable to the Carrier. d) To compensation according to the Montreal Convention of 1999 if it is an international flight or the Aviation Code of Argentina if it is a domestic flight, to the extent it is for causes attributable to the Carrier, based on the following rules, depending on the case: (d.1) Montreal Convention of 1999: Article 19: "The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures." Article 22, Number 1: "In the case of damage, the liability of the carrier for each passenger is limited to 4,604 Special Drawing Rights (International Monetary Fund)." D. Refund of Fees. If the trip is not made, for any reason, the fares, charges or aviation fees paid by the Passenger shall be reimbursed only upon request at any office of the air Carrier.