General Conditions of Carriage
The purpose of this document is to inform the customer of the rights and duties that all customers should exercise and respect when contracting our Company´s services and to outline the main aspects of the provisions in force and Aerolíneas Argentinas S.A. and Austral Líneas Aéreas – Cielos del Sur S.A. regulations.
Applicable authority
In Argentina, commercial aviation is governed by the National Civil Aviation Administration (ANAC), which guarantees the effective implementation of the Air Transport User's Rights and Air Carrier Regulations. Claims for breach of duties should be filed before ANAC at Paseo Colon 1452 P.B (mesa de entradas) or www.anac.gov.ar.-
Definitions
Transport Document: means the deed named “Air Waybill” which evidences the contract for carriage of Cargo. Such document shall be drawn up in writing or electronically and shall be included in the Carrier´s database. It enables the client to deliver cargo with the documents required by the regulations in force.
Content of the Shipment: means personal property, items and articles that belong to the shipper and are included in the Air Waybill, which shall be considered as an affidavit.
Prohibited content: The client shall not include in the shipment items that have been prohibited by the appropriate authorities in accordance with IATA and ICAO regulations.
Booking: means keeping the reservation upon request through sales promoters or online booking performed by authorized agents in the System, subject to the availability of the cargo hold at the time and on the date set by the Carrier.
Connecting flight: means a subsequent flight providing onward travel on the same or another Carrier, in accordance with the transport document stating flight number, date and confirmed booking.
Rates: Means the cost of air transport in order to fly a particular route.
Acceptance of the Shipment.
The Shipper shall furnish the information and deliver the documents, together with the Shipment, at fiscal warehouses located at the airport of departure reasonably in advance as may be necessary to comply with Carrier's and airport regulations in force, in order to go through acceptance, dispatch, security and customs procedures, where applicable.
Carrier reserves the right to examine the contents of all Shipments and to refuse Carriage of Cargo when circumstances so require.
Carriers Right to Refuse and Limit Carriage of Cargo
Carrier reserves the right, without assuming any liability, to refuse Carriage of Cargo when circumstances so require (security matters, compliance with regulations in force, goods are not accompanied by the requisite shipping documents, etc.)
Schedules and Routings. Special circumstances.
Except in cases of force majeure, Carrier shall comply with times and routes shown in Carrier's timetables and specifically indicated in the Air Waybill or Shipment Record. The Carrier is not liable for delays in case of an event that cannot be reasonably anticipated or controlled.
"Special circumstances" are those events that cannot be reasonably anticipated or controlled and limit or exclude liability. Such circumstances include, without limitation, political instability, weather-related cancellations, security risks, strikes, etc. Strikes shall only take effect to exclude or limit liability when Carrier's personnel do not obey the order to guarantee minimum emergency flights.
Liability for damage to a passenger or his/her checked baggage.
Carrier shall be liable for damage to a passenger or his/her checked baggage only if such damage has been caused aboard or during boarding and disembarking procedures.
Applicable law
The following Conventions are applicable to the contract of carriage: Warsaw, The Hague, Montreal and complementary rules.
Any action for damages arising out of the execution of the contract of carriage of cargo, baggage and/or passengers shall only be governed by said International Conventions- 1999 Montreal Convention/ "Código Aeronáutico Argentino Ley 27.285" (Argentine Aeronautics Code - Act 27285 ) and the "Ley de Defensa del Consumidor 24.240" (Consumer Protection Act 24240) and modif. in accordance with Section 63 and Order 565/08 is hereby expressly excluded.
