1. For the purposes of this contract "ticket" means 'ticket for travel and luggage check' of which these "contract conditions" form part and "contractual carrier" means any air carrier that transports or undertakes to transport the passenger and his/her luggage in virtue of this contract or that undertakes any other service relating to that air transport; "de facto carrier" means any other carrier that undertakes all or part of the transport contracted with the contractual carrier and authorised by it; "electronic ticket" means the route/receipt issued by or on behalf of the contractual carrier, the electronic coupons and, as relevant, a boarding document.
2. The transport undertaken in virtue of this contract is subject to the liability standards applied by the community airlines in accordance with community legislation and the Montreal Convention, Law 21/2003, 7 July, on aviation safety, Regulation (EC) 261/2004, Regulation (EC) 2027/97, Directive 93/13/EEC, and any other state, regional or community regulations or international agreements that apply.
3. While not in contradiction with the above, any transport undertaken and other services provided by each carrier will be subject to 1) the provisions shown on this ticket; 2) the applicable tariffs, and 3) the transport conditions set by the carrier and the related regulations that form part of this contract and that may be consulted in the carrier's offices.
4. The name of the carrier may appear abbreviated on the ticket as long as the complete name and its abbreviation are given in the manuals, transport conditions, regulations or timetables of the carrier.
The carrier's address is that of the departure airport shown on the ticket next to the first abbreviation of the carrier's name; the agreed stages are those points shown on this ticket or in the carrier's timetables as stages forecast on the passenger’s route; the transport to be carried out in virtue of this contract by various successive carriers will be considered as a single operation.
5. Within the provisions of the regulations, the ticket for transport may be issued either directly by the company itself or by third parties through an agent.
6. Any exclusion or limitation to the carrier’s liability that arises according to the applicable regulations will be applied and will benefit its agents, employees and representatives, including those who, as relevant, operate aircraft in favour of the company and to the agents employed by and representing those who act in the exercising of their functions.
7. The checked luggage will be delivered to the holder of the luggage check. In the event of damage to the luggage, the appropriate claim must be presented in writing to the carrier immediately after the damage is discovered or within the seven days following the date of delivery; in the event of delay, the claim must be presented within 21 days following the date on which the luggage was delivered.
8. This ticket is valid for transport for one year from the date of its issue unless stipulated otherwise on the ticket itself, in the carrier's tariffs manuals, in the transport conditions or in the applicable regulations. The price of the ticket* for the transport undertaken in virtue of this contract is subject to modification before the journey starts without prejudice to the facility for unilateral cancellation by the user. The carrier may refuse to undertake the transport if the applicable tariff has not been paid.
* The cost of fuel, the rates and taxes applicable at the time the air ticket was issued may undergo later changes that cause the modification to the price of the ticket.
9. The carrier undertakes to make every possible effort to transport the passenger and luggage with reasonable diligence. If extraordinary circumstances arise, and in accordance with the applicable regulations, the carrier may make a substitution of the initial forecast, or other carriers, use other aircraft and modify or delete stages shown on the ticket. The timetables are subject to modification. The carrier accepts no liability for guaranteeing the connections except in cases when this is due to a cause directly imputable to the carrier and in the legally foreseeable cases.
10. The passenger must comply with the requirements of the regulations relating to travel and must present the departure, entry and other documents required as well as arriving at the airport at the time stated by the carrier or, if none is stated, sufficiently beforehand to allow compliance with the departure procedures and to be at the indicated departure gate before the deadline for acceptance on the flight.
If the passenger does not arrive at the check-in counter sufficiently beforehand to fill in the documentation for boarding as well as the immigration and security procedures, as relevant, or does not provide the necessary documentation for travelling, the carrier may cancel the reservation. The departure of the aircraft will not be delayed for passengers who arrive late (in the carrier's opinion) for check-in.
In this case, the carrier is not liable for the prejudices that may arise because the passenger has not complied with the above requirements.
The time necessary for all the check-in, security and emigration procedures and those that may be imposed by the authorities can vary depending on each passenger and each airport. In the event of doubt, it is advisable to request information from the carrier, its agents or the airport authorities beforehand.
11. The air transport company will inform passengers through its sales channels of the identity of the operating airline(s) when these are other than the air transport company.
12. The parties will attempt to resolve their differences with regard to these general conditions in a friendly manner. If they do not reach any agreement, the parties may have recourse to ordinary Spanish jurisdiction.
Indemnities and advances in the event of the passenger's death or injury
There is no fixed economic limit for liability in the event of injuries or death of the passenger. For injuries of up to 128.821 SDRs (*), the airline cannot challenge the claims for indemnity. Above this amount, the airline may challenge a claim only if it can prove that there was no negligence or failure of any other type by it. In the event of the death or injury of a passenger, the airline must, within 15 days from the identification of the person with the right to indemnity, pay an advance payment to cover immediate economic needs. In the case of death, this advance payment may not be less than 16,000 SDRs (*).
Responsibility of the airline with which the service has been contracted and of the company responsible for the effective provision
If the airline responsible for the flight is not the same as the contracting airline, the passenger may make a complaint or claim to either of them. If the name or code of an airline appears on the ticket, this is the contracting airline.
Periods for claims
All claims before a law court must be presented in the periods referred to in the applicable regulations.
Delays, cancellations and boarding refusal
If the passenger is affected by a boarding refusal or the cancellation of a flight, as well as in cases where it is greatly delayed, the rights to assistance and compensation provided for in articles 7, 8 and 9 of Regulation (EC) 261/2004 of the European Parliament and of the Council of 11 February 2004, under the terms of articles 4, 5 and 6, respectively, of that Regulation for each of these eventualities. Similarly, in the event of delay of a flight, the Montreal Convention of 28 May 1999 will apply, where appropriate, with the requirements and demands provided for in it (Article 19), and with a maximum limit of the carrier's liability for delay of 5,346 SDRs (*) per passenger.
Delay, destruction, damage to or loss of luggage
In the case of luggage delay, the airline is responsible for the damage as long as it has not taken all the reasonable measures to prevent the damage or it has been impossible to take these measures. Liability in the case of luggage delay is limited to 1,288 SDRs (*). The airline is responsible in the case of destruction, loss or damage to the luggage up to the amount of 1,288 SDRs (*). With regard to checked luggage, it is responsible even when it is free of blame unless the luggage was already damaged. The carrier may limit its liability when the luggage contains fragile, valuable or perishable articles and when they undergo normal and inevitable wear during their handling. If the checked luggage has been damaged, delayed, lost or destroyed, the passenger must immediately communicate it before leaving the arrivals area, in the airline's counters (or if it is not present in the airport, through its handling agent or representative) in the airport itself. If the damaged luggage is checked luggage, the passenger must state so in writing within seven days and, in the case of delay, within 21 days, in both cases from the day on which the luggage was made available to the passenger. For certain types of articles, the passenger may invoke a higher limit of liability, making a special declaration at the time of check-in at the latest and paying a supplementary tariff; the conditions and tariffs may be consulted with the airline.
Hand luggage is limited to the dimensions and weights published by the company. More restrictive measures may be applied due to capacity limitations. Regulation (EC) 1546/2006 sets new security measures in European airports and regulates the transport of liquids.
Given the limited capacity in the cabin, if there is insufficient space on board, some hand luggage may be removed for loading in the aircraft hold free of charge.
(*) The equivalence of Special Drawing Rights (SDRs) is set by the International Monetary Fund and updated daily. The amounts given in this document are those set by international conventions and other regulations that applied on 28 December 2019, these amounts being subject to possible variations introduced by the conventions and other regulations of reference.
NOTIFICATION TO PASSENGERS REFUSED BOARDING DUE TO LACK OF SEATS
Regulation (EC) 261/2004 11 February 2004 sets common standards for the compensation and assistance for air passengers in the event of refused boarding and of cancellation or long delay of flights.
Likewise, the air carrier must provide each passenger refused boarding with a form giving the standards for compensation for refused boarding.
REFUSAL AND LIMITATION OF TRANSPORT
Right to refuse transport
For security reasons, the carrier will refuse the transport of any passenger or his/her luggage according to an exercise of reasonable discretion if it is determined that:
- This refusal is necessary to avoid breaking laws, regulations or orders of any country or territory to which the passenger is flying or that in which he/she embarks or over which he/she flies, or
- The conduct, age or physical or mental condition of the passenger is such that special care is required of the carrier which it cannot guarantee, or
- A nuisance is caused or other passengers object, or
- There is a danger or risk to the passenger himself/herself or to other persons or property, or
- The action becomes necessary as a consequence of the passenger’s refusal to follow the carrier's instructions, or
- The passenger refuses to follow the safety instructions, or
- The ticket prices or taxes or other amounts have not been paid or do not meet the agreements in terms of credit between the carrier and the passenger, or
- The passenger does not have documentation for the journey, or
- The passenger is trying to enter a country in which he/she is in transit, or
- The passenger destroys his/her documentation during the journey, or
- The passenger may destroy his/her documentation during the journey, or
- The ticket has been obtained illegally or purchased from a different organisation than the carrier itself or its authorised agents, or
- Has been obtained illegally or purchased from a different organisation than the carrier itself or its authorised agents, or
- The ticket has reported lost or stolen, or
- Is a false ticket, or
- Any of the physical or electronic flight tickets have been altered by anyone other than the carrier or its authorised agents or a coupon has been mutilated and the carrier reserves the right to retain the printed ticket, or
- The person presenting the ticket cannot prove that he/she is its owner.
CONDUCT ON BOARD
If a passenger’s conduct in the aircraft endangers the aircraft or any persons or their belongings, or if the passenger obstructs the crew’s obligations or refuses to follow its safety instructions or his/her behaviour creates conflicts with other passengers, the carrier may take the necessary measures for the passenger to cease this attitude, including the immobilising of the passenger.
Once in the aircraft, the passenger may not use a radio, electronic games or transmitters, including remote-control toys and walkie-talkies. The passenger may not operate any other type of electronic device in the aircraft without the carrier’s permission. The exception to this rule applies to portable recorders, hearing aids and pacemakers, which can be operated.
The passenger must always act according to the laws, regulations, orders and requests of the destination, origin and transit countries and according to the carrier’s regulations and instructions.
The carrier will not be responsible for any aid or information to the passenger regarding the obtaining of documents or for complying with the laws, regulations, orders, requests and requirements given to the passenger by any of the carrier’s employees or agents, whether in writing or by any medium, or for the consequences that may arise from the failure to obtain the documents or to comply with those laws, regulations, orders, requests, requirements, rules or instructions.
The passenger must present all the entry, exit, health or any other documents required by the laws, regulations, orders. requests or requirements of the affected countries and must allow the carrier to maintain copies of them. The carrier reserve the right to refuse the transport of any passenger who does not comply with the laws, regulations, orders, requests or requirements or if the documents are not valid or if the passenger does not allow the carrier to make and keep copies of those documents.
The passenger will be obliged to pay the amounts that apply when the carrier, by order of the relevant authority, is required to return the passenger to his/her origin or to any other place because the passenger is refused entry to the country, whether he/she is in transit or at his/her final destination. The carrier will not reimburse the passenger for the price for this transport item to the point of entry refusal or deportation.
Passenger responsible for paying fines, costs of detection, etc
If the carrier is obliged to pay any fine or sanction or must make a deposit or pay for any cost as a consequence of the passenger’s failure to comply with the travel laws, regulations, orders, requests or requirements of the affected countries or due to the passenger’s failure to present the necessary documents, the passenger must repay the amounts paid or deposited or any other ensuing expense. The carrier may use all the passenger’s funds or payments for transport not undertaken or any other sum that the passenger may have at that time.
NOTIFICATION TO PASSENGERS OF GOVERNMENT TAXES AND RATES
The price of this ticket may include taxes and rates set on air transport by government authorities. These taxes and rates that may form a significant part of the cost of the air transport will be shown in the “TAXES” box on the ticket. The passenger may also be required to pay rates or taxes that have not been charged beforehand.
NOTIFICATION OF CANCELLATION OF SEATS
If you have a duly reserved seat and cannot make use of it for whatever reason, please report the circumstance to facilitate the journey for another passenger.
DANGEROUS ARTICLES IN LUGGAGE
For safety reasons, the passenger’s luggage must not contain dangerous articles such as:
- Compressed gases (deeply refrigerated, inflammable, non-inflammable, poisonous) such as butane, oxygen, liquid nitrogen, compressed air bottles for diving.
- Corrosive: acids, alkalines, mercury and wet electrical accumulators.
- Explosive: munitions, fireworks and flares.
- Inflammable liquids and solids: combustibles, MATCHES, paints, solvents and lighters.
- Radioactive materials.
- Wallets or briefcases with built-in alarm systems.
- Oxidising materials such as calcium chloride or peroxide.
- Poisonous and infectious substances such as insecticides, herbicides and live viruses.
- Other dangerous articles: magnetic, disagreeable or irritant materials.
Limited quantities of medicines and toiletry articles such as hair spray, perfumes or medicines containing alcohol may be carried. Many of these articles can be carried as GOODS if they are packaged according to the regulations. Electronic cigarettes may not be carried in checked baggage (they may be carried in hand baggage only). Request additional information if you consider it necessary. The company may refuse the transport of certain products if they cannot be considered as luggage because of their size, shape, properties or weight.
Certain special articles such as cash, jewels, precious metals, computers, personal electronic devices, negotiable documents, business documents of special value, passports and identification documents cannot be carried as checked luggage.
DELIVERY OR COLLECTION OF CHECKED LUGGAGE
Passengers must collect their checked luggage as soon as it is available in the points and places provided for this. If passengers do not collect their luggage within a reasonable period, the carrier may charge a storage cost. If a passenger does not collect the luggage within three months from the luggage being made available, the carrier may take charge of it without any responsibility to the passenger if he/she claims it after this date.
DEADLINE FOR ACCEPTANCE ON FLIGHT
The deadline for acceptance on a flight is the minimum time before the flight’s official scheduled departure time, shown on the ticket, by which the passenger must have been admitted on the flight, checked in his/her luggage, be in possession of the boarding card and be at the departure gate. The flight will be closed after this time.
The carrier accepts no responsibility for refusing a passenger who arrives for a flight after it has closed.
ALL BINTER CANARIAS FLIGHTS ARE NON-SMOKING
In accordance with section Q of article 7 of Law 28/2005, 26 December, in the version given by section seven of the single article of Law 42/2010, 30 December, smoking is forbidden on commercial flights with their origin and destination within the country and on all flights of Spanish airlines, including those shared with foreign airlines.
No agent, employee, administrator or representative of Binter has the authority to alter or modify any of these contract conditions or the regulations of Binter Canarias or to renounce them.
These contract conditions were originally written in Spanish and may be translated into other languages. In the event of conflicts between these versions and the original in Spanish, this last will prevail.
Without prejudice to the provisions of this contract, in accordance with Article 6(1) and (2) of Regulation (EC) 2027/97 of 9 October 1997, as amended by Article 1(10) of Regulation (EC) 889/2002 of 13 May 2002, the relevant Annex provided for in the Community Regulation is attached to this contract.
Air carrier liability for passengers and their baggage: This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 128.821 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximate amount in local currency).
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 5,346 SDRs (approximate amount in local currency).
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,288 SDRs (approximate amount in local currency).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1.288 SDRs (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.