Transport contract

TERMS AND CONDITIONS OF THE AGREEMENT

1. For the purposes of this contract, "ticket" means "ticket for journey and baggage receipt," of which these "contract conditions" and notifications form part; "contractual carrier" means any air carrier that transports or undertakes to transport the passenger and his or her luggage under this contract and which carries out any other service relating to this air transport; "carrier in fact" means any other carrier that carries out all or part of the contracted transport with the contractual carrier and authorized by it; "electronic ticket" means the route/receipt issued by or in the name of the contractual carrier, the electronic coupons and, as relevant, and boarding pass.

2. The transport undertaken by virtue of this contract is subject to the standards in matters of liability applied by the Community Air Companies in accordance with Community Legislation and the Montréal Agreement, Law 21/2003, 7 July, on Air Safety, Regulation (CE) 261/2004, Regulation (CE) 2027/97, Directive 93/13/CE and any other national, regional or community regulations or international agreements that apply.

3. While there is no contradiction with the above, any transport and other services provided by each in carrier will be subject to 1) the dispositions shown on this ticket; 2) the applicable tariffs; 3) the transport conditions set by the carrier and related regulations that form part of this contract and that can be consulted in the carrier's offices.

4. The carrier's name may appear abbreviated on the ticket as long as the complete name and its abbreviation are shown in the manuals, transport conditions, regulations or schedule of the carrier.

The address of the carrier is that of the departure airport shown on the ticket before the first abbreviation of the carrier's name. The agreed stopovers are those points shown on this ticket or shown in the carrier's schedule as stopovers forecast in the passenger's journey. The transport to be provided under this contract by various successive carriers will be considered as a single operation.

5. In accordance with regulations, the ticket for the transport may be issued directly by the company itself or through third parties by an agent.

6. Any exclusion or limitation of the carrier's liability arising from applicable regulations will be applied and will benefit its agents, employees and representatives, including any operating aircraft for the company and the agents employed by and representing those when acting in the exercising of their functions.

7. 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 made to the carrier immediately after the damage is discovered or within the 7 days following the delivery. In the event of delay, the claim must be presented within 21 days after the date on which the luggage was delivered.

8. This ticket is valid for transport for one year from the date of issue unless stipulated otherwise on the ticket itself, in the carrier's tariff manuals, in the transport conditions or in the applicable regulations. The price of the ticket* for the transport provided under this contract is subject to modification before the journey starts without prejudice to the faculty 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, airport taxes and other taxes applicable in the moment of the emission of the air ticket may suffer changes that can lead to a modification of the price of the ticket

9. The carrier undertakes to make every possible effort to transport the passenger and luggage with reasonable diligence. If necessary, the carrier may replace the original plan with other carriers, use other aircraft and modify or cancel the stopovers shown on the ticket. The times are subject to modification. The carrier accepts no liability for guaranteeing the connections except in causes directly imputable to the carrier or any other circumstances according to the law and in those foreseen by law.

10. The passenger must comply with the regulations relating to travelling, must present the required departure, arrival and other documents and must arrive at the airport at the time given by the carrier, or if none is set, sufficiently beforehand to comply with the departure procedures and must be at the boarding gate before the Time Limit for Acceptance of Flight.

If the passenger arrives to the checking desk too late in order to obtain the boarding card or with no time to comply with the Emigration or Security procedures, or if appears improperly documented, the carrier may cancel the reservation. The departure of flights will not be delayed by passengers who arrive to check-in too late (from the Carrier’s point of view) for the departure formalities to take place.

The carrier is not liable to the passenger for loss or expenses resulting from the passenger’s failure to comply with the provisions here indicated.

The time needed to comply with all requirements in terms of check-in, Security, Emigration or any additional requirement that the Authorities may impose, can vary depending of each passenger or each airport. In case of doubt, it is advised to require in advance this information to the Carrier, its Agents or to the Airport Authorities.

11. The air carrier will use its sales channels to inform the passenger of the identity of the air operator(s) when these are other than the air carrier.

12. To exercise the actions arising from this transport contract, both parties subject themselves to the mercantile law courts of the place in which the company has its registered office, specifically renouncing any other that may correspond to them.

Compensation and advance payments in the event of death or injury to the passenger

There is no economic limit set for liability in the case of injuries to the passenger or death. For injuries of up to 113,100 SDR (*) the airline cannot refuse the claims for compensation. Above this amount, the airline can only refuse a claim if it can be proven that there was no negligence or other type of failure by it. In the case of a passenger’s death or injury, within 15 days of the day on which the person with the right to compensation was identified, the airline must made an advance payment to cover the immediate financial needs. In the case of death, this payment may not be less than 16,000 SDR (*).

Airline’s liability with the person with whom the service was contracted and of the company commissioned to provide the service

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 ticket contains the name or code of an airline, this is the contracting airline.

Periods for claims

Any claim made to a law court must be presented within two years from the arrival of the aircraft or the day on which the aircraft would have arrived.

Delays (as defined and in the terms foreseen by law and the international applicable agreements).

In the case of a delay to the passenger, the airline is liable for the damage as long as it has not taken reasonable measures to prevent the damage or it has been impossible to take such measures. The liability in the case of a delay to the passenger is limited to 4694 SDR (*) in accordance with the 1999 Montreal International Agreement. According to European regulations in Regulation CE 261/2004, in these cases the airline is obliged to offer the necessary assistance according to the parameters set in that regulation, considering that the company’s liability may be limited or excluded in cases in which the delay was caused by extraordinary circumstances that could not have been avoided even by taking reasonable measures.

Delay, destruction, damage or loss of luggage.

In the case of delayed luggage, the airline is liable for the damage as long as it has not taken all reasonable measures to prevent the damage or it has been impossible for it to take such measures. In the case of delayed luggage, the liability is limited to 1131 SDR (*). The airline is liable in the case of destruction, loss or damage to the luggage up to the amount of 1131 SDR (*). Regarding checked luggage, it is liable 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 it has undergone normal and inevitable wear during handling. If the checked luggage has been damaged, delayed, lost or destroyed, the passenger must report it immediately to the airline’s counters before leaving the arrivals area (or if the airline has no presence in the airport, to its handling agent or representative) in the airport itself. If the damaged luggage is checked in, the passenger must state so in writing within 7 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 be covered by a higher liability limit by making a special declaration at the latest when checking in and by paying an additional fares, after consulting the airline’s conditions and fares.

Carry-on luggage

One piece of carry-on luggage is allowed, measuring no more than 22 x 33 x 44 (height x width x length) and with a total weight of no more than 6 kg. More restrictive measurements may be applied due to capacity limitations. Regulation (CE) 1546/2006 sets new security measures in European airports and regulates the transport of liquids.

(*) The equivalence of the Special Drawing Rights (SDR) is set by the International Monetary Fund and is updated daily. Currently the value of 1 euro is the equivalent of 0.85 SDR. The amounts given in this document are those set by international agreements and other regulations applicable on 30 December 2009, these amounts being subject to possible variations introduced by the agreements and other regulations referred to.

NOTIFICATION TO PASSENGERS NOT ALLOWED TO BOARD DUE TO LACK OF SPACE

Regulation (CE) 261/2004 of 11 February 2004 sets common regulations for the compensation and assistance to air passengers denied boarding and for the cancellation or long delay of flights.

The air carrier must also provide each passenger refused boarding with a form giving the rules for compensation for the refusal.

REFUSAL AND LIMITATION OF CARRIAGE

Right to Refuse Carriage

For security reasons, the Carrier will refuse carriage of any passenger or passenger’s baggage, in accordance with the exercise of its reasonable discretion and if determines that:

• such action is necessary to avoid breaking laws, regulations or orders of any country or territory the passenger is flown to, from or over; or

• the conduct, age, physical or mental state of the passenger is such as to require special assistance from the Carrier; or

• cause discomfort to or raise objections from other passengers; or

• involve hazard or risk to him or herself or to other persons or property; or

• such action is deemed necessary because the passenger did not observe the instructions of the Carrier; or

• the passenger has refused to comply with the safety procedures; or

• the fees, taxes or fares have not been paid or the credit arrangements agreed between the Carrier and the passenger have not been complied with; or

• the passenger has no valid travel documents; or

• the passenger appears to seek entrance to a country through which he or she is in transit or transshipment; or

• the passenger may destroy his or her documentation during the flight; or

• the passenger may refuse, if requested by the crew, to surrender his or her documentation, against receipt; or

• the Ticket…

• has been unlawfully acquired or bought from an entity other than the Carrier or an Authorised Agent; or

• has been reported as being lost or stolen; or

• is a counterfeit ticket; or

• any flight coupon, or electronic coupon, has been altered by anyone other than the Carrier or an Authorised Agent, or a flight 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 or she is the person named in the ticket.

CONDUCT ABOARD THE AIRCRAFT

If a passenger conducts himself or herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or to obstruct the crew in the performance of their duties, or refuses to comply with any instructions from the crew, or behaves in a manner objectionable by other passengers, the Carrier may take such measures as it deems necessary to prevent the continuation of such conduct, including restraint of the passenger.

Aboard the aircraft, the passenger may not operate portable radios, electronic games or transmitting devices, including radio-controlled toys, walkie-talkies or mobile phones (which should be switched off during the whole flight). The passenger may not operate any other electronic devices on board without the Carrier’s permission. Exception made for portable recorders, hearing aids or heart pacemakers, which may be operated.

General

The passenger must act in conformity to the laws, regulations, orders and requests of the countries to be flown into, from or over and according to the rules and instructions of the Carrier.

The Carrier shall not be liable for any assistance or information in connection with obtaining the necessary documents or the compliance of the laws, regulations, orders, demands and requirements given to any passenger by an agent or employee of the Carrier, either in writing or otherwise, or by the consequences hence resulting from not obtaining those documents or not complying with the mentioned laws, regulations, orders, requests, requirements, rules or instructions.

Travel Documents

The passenger shall present all entry, exit, health documents or any other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and allow the Carrier to take and hold copies of the same. The Carrier reserves the right to refuse carriage to any passenger who has not complied with the applicable laws, regulations, orders, demands or requirements, or whose documents are not in order, or who does not permit the Carrier to take and hold copies of said documents.

Refusal of Entry

The passenger will have to pay the applicable fare whenever the Carrier, by order of a proper authority, is required to return the passenger to his or her place of origin, or to any other place, owing to the passenger’s inadmissibility to a country, whether of transit or of destination. The Carrier will not refund the fare charged by the carriage up to the point of refusal of entry or deportation.

Passenger Responsible for Payment of Fines, Detention Costs, etc.

If the Carrier has to pay any fine or penalty, or has to put down any deposit, or to incur in any expenditure due to the passenger’s failure to comply with any laws, regulations, orders, demands or travel requirements of the countries concerned, or to the passenger’s failure to present the required documents, the passenger will have to reimburse the amount paid, deposited or any expenditure so incurred. The Carrier may use as means of payment any funds paid by the passenger for liquidation of unused carriage, or any amount the passenger possesses at the time.

NOTIFICATION TO PASSENGERS REGARDING GOVERNMENT TAXES AND RATES

The price of this ticket may include taxes and rates set by government authorities for air transport. These taxes and rates, which may form an important part of the cost of air transport, will be given in the “TAXES” box on the ticket. The passenger may also be required to pay rates or taxes that have not been charged for beforehand.

NOTIFICATION REGARDING CANCELLATION OF SEATS

If a seat has been duly reserved and cannot be used for some reason, please cancel it. This will facilitate a journey for another passenger and avoid a possible penalty for failing to cancel your reservation in time.

DANGEROUS ARTICLES IN LUGGAGE

For safety reasons, passengers’ luggage must not contain dangerous articles such as::

• compressed gases (intensely refrigerated, inflammable, non-flammable, poisonous) such as butane, oxygen, liquid nitrogen, bottles of compressed air for diving.

• corrosive: acids, alkalines, mercury and damp electrical accumulators.

• explosive: munitions, fireworks and flares.

• inflammable liquids and solids: fuels, MATCHES, paints, solvents and lighters.

• radioactive materials.

• wallets or briefcases with built-in alarm systems.

• oxidizing materials: such as lime chloride and peroxide.

• poisonous and infectious substances: such as insecticides, herbicides and live viruses.

• other dangerous articles: magnetized, disagreeable or irritant materials.

Limited amounts of medicine and toiletry articles needed for the journey such as hairspray, perfume or medicine containing alcohol may be carried. Many of these articles may be carried as goods if packaged according to regulations. Request additional information if you consider it necessary. The company may refuse to carry certain products if they cannot be considered as luggage because of their size, shape, properties or weight.

SPECIAL ITEMS

Certain items like money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other values, business documents, passports and other identification documents shall not be included in the checked baggage.

COLLECTION AND DELIVERY OF CHECHED BAGGAGE

The Passenger must collect his or her Checked Baggage as soon as it becomes available for collection at points or places of destination or stopover. If the passenger fails to collect the Checked Baggage within a reasonable time limit, the Carrier may charge a storage fee. If the passenger fails to collect the Checked Baggage within 3 months from the date it becomes available, the Carrier may dispose of it without any liability towards the passenger.

TIME LIMIT FOR ACCEPTANCE FOR FLIGHT

The time limit for acceptance for flight is the minimum time before the official flight departure time shown on the ticket during which passengers will be admitted on board, have their luggage checked in, be in possession of a boarding card and be in the boarding gate. After this time, the flight will be closed.

The carrier will accept no liability for not accepting passengers who arrive for a flight that has already been closed.

THE MINIMUM ACCEPTANCE TIME FOR PASSENGERS TO FLY ON ALL BINTER CANARIAS SERVICES IS 30 MINUTES. If your flight is not with Binter Canarias or you are travelling to an airport outside Spain, ask your issuing agent for the time limit for arriving at the departure airport.

On arriving at transit points, passengers are asked to check the reservations for their next stopover or return journey and give a temporary address or a contact telephone number to the carrier so that they can be advised of any information that may be of interest to them.

ALL BINTER CANARIAS FLIGHTS ARE NON-SMOKING.

In accordance with paragraph J) section 2, article 7, of Royal Decree 192/1988 in the edition given by Royal Decree 1293/1999, smoking is forbidden on aircraft on commercial flights departing and arriving within the country.

ALTERATIONS

No agent, employee, administrator or representative of Binter Canarias has authority to alter or modify any of the provisions of these Conditions of Carriage or of the regulations of Binter Canarias or to waiver them.

PREVAILING VERSION

These Conditions of Carriage were originally written in Spanish and are hereby translated into English and there may be other translations into other languages. In case of conflict between any of these written versions and the original Spanish version, the latter will prevail.