For your information, this contract is governed by Civil Aviation Law, its Regulations, Commerce Code, Federal Civil Code and in international operations by Warsaw, Montreal and other agreements, which were entered into by Mexico.
For the purposes hereof, the following definitions shall apply:
The purpose hereof is to establish terms and conditions whereby Carrier undertakes to provide public air transport service to Passenger, from a point of origin to a destination, in exchange for payment and other applicable charges. Likewise, this contract establishes rights and responsibilities assumed by Passenger when contracting air transportation service with Carrier.
Once a Rate corresponding to the Service has been paid, there will be no refunds or returns, except when expressly established by Law and herein. Any change or modification requested and/or made to contracted services and authorized by Carrier, shall be subject to pre-established conditions and charges.
Transportation is subject to regulations and limitations that refer to liability established by Warsaw Convention and/or Montreal Convention, as applicable, unless domestic, according to defined terms in such Agreements and in which case being subject to relevant Mexican law.
Passenger shall be responsible to verify that flight schedules, date and name associated with Confirmation Code are correct. Carrier personnel shall provide help at all times with the purchase process. Flight schedules will be published and/or established according to twenty-four (24) hours format.
Taxes, duties and other charges imposed by federal, state or municipal governments, authorities or operators of airports shall be borne by Passenger, who shall pay them in full, together with the Rate.
Carrier reserves the right to fix and/or modify Rates offered to the public for all routes or flights operated, at any time and without prior notice. Paid Rates may not be modified. Carrier will make rates available to general public, both at airports and on the website www.tarmexico.com.
Passenger may make changes to flight date, provided such request is made at least twenty-four (24) hours in advance of scheduled departure time, subject to place availability in the intended flight.
Passenger must pay all applicable pre-established charges for modifications, as well as any difference between the Rate paid and the actual Rate when making such change. This information will be provided at airports, Call Center or atwww.tarmexico.com.
Passengers shall go to Carrier counters, installed at the airport of origin, with at least two (2) hours in advance for Domestic Flights, and three (3) hours for International Flights, so that Carrier may issue their Boarding Pass and/or, where appropriate, check-in their baggage. Passengers shall provide their Confirmation Code when requested and submit a personal photo ID; failing to comply therewith, no Boarding Pass shall be issued and baggage shall not be checked in.
Passenger will also have to provide any information required by Carrier in compliance with authorities’ security provisions. Otherwise, Carrier may deny the transportation service and will no longer be bound to transport such Passenger at a later date or to return, refund or compensate any Rates paid.
Carrier will not accept any Passengers that, due to not adjusting to the minimum time for checking-in, miss their flight. In these cases, Passenger will be subject to acquired Rate conditions for purposes of boarding a new flight.
Passengers shall be in the corresponding boarding room at least forty (40) minutes before departure time for Domestic Flights and sixty (60) minutes for International destinations. Passengers must present their Boarding Pass and official identification to Carrier's personnel, in order to be allowed to board. If not doing so, Carrier may deny boarding to Passenger and will be released from all responsibility to transport such Passenger at a later date or to return, reimburse or compensate any Rates paid.
Assignment of seats may be confirmed or modified freely by Carrier at any time.
Passenger shall have the right to check-in free of charge a piece of baggage whose weight shall not exceed 25 kg and with volume not greater than 158 cm (calculated by adding dimensions of length, width and height), any surplus of weight will be considered as excess baggage, applying the provisions stated in 5.2 below, including relevant rates.
All Passengers must identify their Checked Baggage, including name, surname, telephone number, email address and domicile.
Carrier will issue a slip for each piece of Checked Baggage (Baggage Slip) which must be presented by Passenger to Carrier's staff or to the airport of destination immediately upon their arrival, as a requirement to claim their Baggage.
Whenever possible, Checked Baggage will be transported on the same aircraft as Passenger, unless Carriers decides, for operational or safety reasons, to transport it on an alternate flight, in which case Passenger shall be informed. All Baggage will be checked either in presence of passenger, in case of manual revisions, and/or by electronic devices. In the event that Carrier becomes aware that Passengers carry in their baggage prohibited or illegal items, competent authorities shall be promptly notified.
Refusal of passenger to have the corresponding revisions will entitle Carrier to deny service, without any responsibility nor obligation to return, refund or compensate any Rates or to indemnify said Passenger in any way.
Any piece of baggage that exceeds the weight limits and/or permitted measures may only be transported by paying a Rate established by Carrier for Excess Baggage, which may be consulted by Passenger at Carriers’ web page, Call Centers or Airport counters. Regardless of the foregoing, no piece of baggage that exceeds 30 kilograms or 200 centimeters (calculated by adding dimensions of length, width and height) shall be accepted under no circumstances to be checked-in as excess baggage, even if paying any relevant Rates.
Wheelchairs and other aids used by a person with a disability will not be considered as baggage for purposes of baggage allowance, there not being any excess baggage rate.
It is prohibited to transport any of the following items in Checked Baggage:
A. Objects likely to endanger the safety of aircraft, persons or property on board said aircraft, in accordance with provisions of Law and its Regulations, Domestic and International Air Regulations and manuals and conditions of same Carrier, which include, but are not limited to:
B. Objects that, at the discretion of Carrier personnel, could be dangerous or unsafe for operation due to their weight, size or shape, considering the type of aircraft, among others, and if items are not conveniently packed.
C. Firearms or ammunition. Except in cases provided by applicable legislation. In any case, transporting more than 5 kilograms of ammunition per passenger shall be forbidden.
D. Swords, daggers and similar objects.
Carrier, under no circumstances, will accept valuables in Checked Baggage. Therefore, every Passenger shall be responsible for transporting such items at their own risk, since they would be transported without Carrier's consent, thus not being liable for any loss or damage thereto.
Valuable items shall include, but are not limited to, jewelry, personal documents, identification documents, precious metals or stones, works of art, securities, cash, computers, portable video and/or audio players or any other type of electronic device, as well as any similar items.
Passengers must pick up their Checked Baggage as soon as it is available at the destination airport, presenting for this purpose their Baggage Slip. Baggage will be delivered only to the bearer of a relevant Baggage Slip.
If any Passengers refrain from collecting their baggage within twenty-four (24) hours after the time of arrival, Carrier will charge a rate for its deposit and security.
In the event that baggage is not claimed within thirty (30) calendar days after arrival, it will be deemed as abandoned baggage; thus, Carrier shall not be responsible for the loss, damage or deterioration suffered. In case of losing a Baggage Slip, such Baggage shall solely be delivered to Passenger when duly accrediting its right thereto.
Every Passenger has the right to carry a maximum of two pieces of baggage in the passenger cabin whose weight does not exceed 10 kg. Carrier reserves the right to refuse to transport baggage that could jeopardize the safety of the flight or comfort of others.
Carry-on must fit under the seat in front or in the closed deposit compartment available inside the aircraft cabin. If Carry-on, at Carrier's discretion, may not be kept this way or if its weight is excessive or such baggage is considered dangerous, its transportation shall be denied or shall be transported as Checked Baggage.
In the event that the transportation of the Carry-on is denied and Passenger decides not to take the flight, Carrier shall be release of any liability and without obligation to return, reimburse or compensate the Passenger for the cost of their ticket, or any indemnity.
The following items, among others, are considered to be dangerous for passengers and/or their belongings, Carrier’s crew or aircraft, in accordance with applicable regulations, and thus are prohibited: balloons, inflated balls, fishing poles, rain sticks, spears, darts, clubs, household tools, surgical instruments or sharp objects, glasses, and all those indicated in Clause 5.3 hereof, as well as any other article that, at discretion of Carrier personnel, it represents a danger for Passengers, crew or aircraft.
Transportation of minors traveling in company of an adult, will comply with the following rules:
A. Every Adult Passenger may carry, under their exclusive custody and responsibility, at no additional cost, a Toddler and a stroller. Toddlers shall not be entitled to a seat or to have checked baggage at their name.
B. Every Adult Passenger may transport a maximum of two Toddlers under their custody and exclusive responsibility. In this case, the second toddler must pay the corresponding Minor Rate.
C. Carrier may refuse to transport toddlers under seven (7) days of birth, for which the Passenger must contact the Carrier so that, if applicable, travel conditions are informed.
D. Children under five (5) years old shall always travel in the company of their parents or an adult authorized by parents, guardians or who exercises parental authority or guardianship.
Prior to checking in a toddler, Carrier may request Adult in charge of its Transfer to show an appropriate document to prove the age of Toddler and the exercise of parental authority or custody. If the above is not complied with, Carrier may refuse to provide the service, without any liability, unless the corresponding Rate is covered and there is seat availability.
In accordance with the provisions of articles 33 of the Law and 42 of Regulations, Carrier may transport minors between the ages of five (5) years and up to eighteen (18) years minus one (1) day of age, that travel without being accompanied by an adult, as long as those who exercise parental authority or guardianship over the minor request so to Carrier, expressly stating their authorization by filling out and signing the corresponding form. Such form must be delivered at the time of check-in, being also required to state persons’ name to whom the Minor will be delivered at destination. If this requirement is not met, Carrier will not transport the Minor without being held liable.
According to operational safety guidelines, Carrier may set the number of minors that may be transported without the assistance of an adult.
If a minor who must be transferred as indicated above suffers from an illness or is affected by any condition that requires specialized attention before, during or after the flight, Carrier may refuse their transport having the Adult assume full responsibility, through authorization, in case it is considered that there are adequate conditions to preserve the safety and health of the Minor during transfer.
It is strictly prohibited, without exception of any nature, for Minors traveling unaccompanied, to transport alcoholic beverages, tobacco and/or printed and/or audiovisual material exclusively for adults, in any presentation and/or format, as well as other products not intended for Minors. Any liability arising from the failure to comply with the foregoing shall be the exclusive responsibility of those exercising parental authority or guardianship over the Minor.
Carrier will be released from any responsibility in those cases where without complying with the requirements referred to in the two articles mentioned in the first paragraph hereof, a minor is transported without the assistance of an adult, either because the corresponding Boarding Pass had been obtained by providing false data or because the minor's physical characteristics do not allow establishing their age and would have been checked in as an Adult.
If for any reason, Carrier becomes aware of the previous circumstance, prior starting such flight, Carrier may refuse to provide the service, notifying the Airport Authority and placing the Minor at its disposal, making the parents, tutors or those who exercise parental authority over the Minor responsible for such incidents. Thus, Carrier shall not be obliged to reimburse any amount nor to provide any future service.
Transportation of passengers with special needs will be subject to the following conditions:
A. For Carrier to be able to provide an adequate service and due attention to Passengers with special needs, they must request to Carrier, at least forty-eight (48) hours in advance of their flight, a wheelchair to assist them during their transfer.
B. In the event that Passengers with special needs require using oxygen during the flight, they may do so, provided that oxygen concentrator is approved under FAA standards and meets the same requirements as Carry-on. Oxygen concentrators must be exclusively for medical use, with mandatory medical prescription and provided that they do not exceed 5 kg of gross weight.
C. Passengers with ailments and/or special needs, at the time of check-in, must show a medical certificate stating that they may be transported without endangering their health or of other passengers, in case of the following:
D. Women will travel at their own risk when exceeding 7 (seven) months of pregnancy.
Transportation of passengers with disabilities will be subject to the following:
A. Carrier will aid Passengers with disabilities to move between functional areas of air terminal, both on departure and arrival.
B. Wheelchairs may only be transported as checked baggage. Carrier will only transport wheelchairs with non-spoilable batteries.
C. Blind or visually impaired passengers may travel assisted by guide dogs, which must be clean, provided with a harness, leash and will always travel at the feet of their owner, and must comply with clause 6.5 hereof.
D. In accordance with Article 42 of Regulations, for security reasons, Carrier may require an attendant to accompany Passengers with Disabilities during the flight, when their conditions are such that may represent a risk to their own safety, as well as of the rest of the passengers and crew on board. Said assistant must be able to provide the necessary assistance to Passengers with disabilities according to their particular conditions.
E. Passengers with disabilities or the person in charge of contracting air transportation service on their behalf will be solely responsible for the information that, if applicable, is provided to Carrier regarding their mobility or autonomy.
In passengers’ cabin, only “miniature” dogs and cats (maximum 10 kg) may be transported as pets under the exclusive responsibility of the Passenger and if, at discretion of Carrier personnel, do not represent a risk to the operation, other passengers or crew. Number and transportation of this class of animals shall be at the sole discretion of Carrier.
Passengers shall be entitled to transport their pet, cage, food and other accessories together, at an additional cost, as part of Checked Baggage. The transportation of pets will be subject to what is established by laws, regulations, rules and applicable procedural manuals of Carrier, being always subordinated to the existence of severe affectations to life, health, hygiene and/or physical integrity of other Passengers.
For reasons of operation and safety, Carrier reserves the exclusive right to transport, restrict and/or deny transportation of pets, as well as to determine, in its sole discretion, the number of pets that may be transported in passengers’ cabin as in cargo compartment.
Passengers shall be responsible for all health documents or any other necessary for the transfer of their pet, and must directly cover all implied costs.
Under no circumstances, Carrier shall cover any charges for transferring such animals; however, in the event that it is obliged to do so, Passenger must reimburse Carrier for any amount related thereto. In case of non-compliance with any of the aforementioned conditions, Carrier may deny transportation of such pet, without any responsibility for Carrier.
Also, in the event that the transportation of a pet is denied and Passenger decides not to board the flight, Carrier will be released from any obligation to transport Passenger or animal at a later date, as well as to return, refund, compensate or indemnify such Passenger.
Passengers who, due to medical indications, need to travel accompanied by a service or emotional support animal (which may only be dogs or cats), may do so when evidencing, by means of a relevant medical certificate, that transporting such animal is necessary for their emotional well-being and that their size will not cause discomfort to other passengers or hinder maneuvers of the crew. Transportation of this type of animals in the passenger cabin and/or in the cargo compartment of aircraft will be under the exclusive responsibility of Passenger and will be subject to what is established by applicable laws, regulations, rules and manuals of Carrier.
In case of non-compliance with any of the aforementioned conditions, Carrier may deny a Passenger the transportation of such animal, without any liability thereto. Also, in the event that transport of a service and/or emotional support animal is denied and Passenger decides not to board the flight, Carrier will be released from any obligation to transport Passenger or animal at a later date, as well as to return, reimburse, compensate or indemnify Passenger.
Service and/or emotional support animals shall not be considered as baggage for purposes of baggage allowance; therefore, no rates for excess baggage shall be applied.
Every Passenger will have the rights listed below, in relation to the provisions of Law, being:
It is the obligation of passenger to carry an official identification in force and with a photograph at the time of check-in, when boarding, or when required, both personally and for minors and/or toddlers. Otherwise, Carrier may deny providing services without any liability and without being obliged to return, reimburse or compensate Passenger in any way.
Passenger must comply with travel requirements established by government authorities, including immigration authorities, carrying and presenting any required documents.
Passenger authorizes Carrier to provide its identity and information to the authority responsible for air safety in the country of origin or destination. In the event that service is denied to Passenger due to causes determined by the aforementioned authority, Carrier shall not be held liable and shall be released from the obligation to transport Passenger on that date or after, and also released from the obligation to return, compensate, refund or indemnify such Passenger in any way.
Every Passenger that hires the services of Carrier must provide their name and telephone number. This information will remain in Carrier system until the flight segment has been covered and will be destroyed by Carrier after arrival. If the previous requirement is not met, prior to boarding, Carrier may deny the service, without any responsibility to its charge and without obligation to transfer Passenger at a later date, nor to compensate, return or reimburse the cost of service.
Information of Passengers being collected by Carrier will be protected and stored in strict adherence to Mexican Federal Law of Protection of Personal Data, in accordance with its purpose set out in the privacy notice made available to Passenger at purchase and for general public at www.tarmexico.com.
Passenger must observe, respect and allow security measures indicated in the rules of airport, Carrier or applicable laws and regulations, such as revision and weight of checked baggage and carry-on or documentation review, both conducted by relevant authorities and airport or Carrier personnel, as appropriate. Failure to comply will entitle Carrier to refuse providing services without any responsibility on its part and without obligation to make any kind of refund, reimbursement or compensation for any Rate paid.
For security reasons, Carrier will prohibit or limit the use of electronic equipment on board the aircraft of any type and at discretion of Carrier personnel. Use of hearing aids is allowed for people with hearing impairment, pacemakers and other implanted medical devices.
If any passenger purchases roundtrip tickets or with a connection, and decides not to use any of section, they are required to inform Carrier within a 24-hour period from scheduled departure time of the unused scheduled segment, stating that they shall make use of other segments.
Without prejudice to other cases established herein, Carrier may refuse to transport any passengers in the following cases:
In any of the cases indicated above, Carrier may deny service without liability and will be exempt from returning, reimbursing, compensating or indemnifying Passenger in any way. Carrier shall be exempt from any type of liability for damages resulting from refusal of service in terms hereof or any other established herein.
Carrier will be authorized to change schedule, cancel, terminate, deviate, postpone or delay any flight, if, in its opinion, there is a justifiable cause, and in order to preserve the safety of operations. This situation will be informed by Carrier to passengers as soon as an itinerary change or cancellation occurs, by means of telephone calls or emails.
In case of flight cancellation due to causes attributable to Carrier, provisions of article 47 Bis section VI of the Law shall apply.
When Carrier is forced to cancel the operation of a route, its obligation shall be limited to reimbursing every Passenger that had contracted such air transport service to travel on a date subsequent to the cancellation, the amount of Rate paid and, where appropriate, any compensation that may not exceed the legal limit, which will be the sole right of Passenger, due to a route cancellation.
When passengers are present at an airport of departure, and are informed that there is a delay greater than 4 hours, they will be compensated in the following manner:
When a delay is foreseeable at least twenty-four hours before the departure of a flight, the following shall apply:
In addition to the option chosen by passenger, and upon reaching a 121-minute delay, a cash discount equivalent to 7.5% of the amount paid for affected segment shall be offered, effective for subsequent purchases to the same destination.
Transportation is subject to the liability regime established by Mexican Law on General Means of Communication and Civil Aviation, as well as in its respective Regulations, and for international operations, to Agreements entered into by Mexico. Respective rates and Application Rules are an integral part hereof, which are made available to Passenger electronically in Carrier's offices, in travel agencies that act as their representatives and in the corresponding web page.
In the event that, for reasons directly attributable to the Carrier, a Passenger suffers any damage between boarding an aircraft and disembarking at destination, Carrier will be obliged to provide a compensation in terms of Law provisions, Regulations and other applicable precepts.
In case of damage or loss of Checked Baggage and/or Carry-on, Carrier will be obliged to compensate Passenger for the amount provided by article 62 of Law. For cases of damage or missing articles in the baggage on domestic or international flights, a claim is required to be made immediately after receiving baggage and/or becoming aware of such irregularity. In case of loss, Passenger must present their corresponding complaint in writing detailing the contents of baggage, having twenty-four (24) hours term after flight arrival in case of domestic flights, and in case of International flights Passenger will have a maximum of seven (7) calendar days.
In any case, any claim for irregularity of baggage or being referred thereto shall be submitted before a Passenger leaves the corresponding airport, and ratified within the deadlines established above.
Claims for damage to Checked Baggage must be presented to Carrier within a period not exceeding 24 hours, counted from the time of delivery of baggage or failure thereof. Failure to submit timely and in writing such claim will exempt the Carrier from any obligation to pay any type of compensation.
Carrier shall have no obligation to return, reimburse or compensate, in any way, the cost of services contracted by Passenger, except in those cases in which the lack of service is due to causes directly attributable to Carrier and/or when Carrier passengers at their sole discretion request it within twenty-four (24) hours starting from the time of purchase. Otherwise, Carrier shall not be bound to make such reimbursement.
In those cases where a reimbursement is appropriate, in terms of article 47 Bis section VI of Law, and a portion of service has already been used, Carrier will only reimburse the amount corresponding to the part of the service not provided.
For the reimbursement process, in applicable cases, Passengers must request it in writing, indicating their assigned Confirmation Code, bank details to make electronic transfers and a copy of their current official ID with photograph.
When the aircraft, by an act of God or force majeure, lands in a place other than the destination, Passenger shall be entitled to be transported on behalf of Carrier to the original destination, as soon as possible.
Carrier will not be obliged to pay any compensation or any refund to Passengers when such delay, deviation, substitution or cancellation of a flight is due to unforeseen causes, act of God or force majeure. Without limitation, adverse weather conditions, wars, acts of terrorism, demonstrations, causes attributable to airports, entities or authorities in aeronautical matters, fires, floods, earth movements, earthquakes, natural disasters, epidemics and other restrictions caused by quarantine declarations, acts arising from any authority, strikes and other labor problems, and deficiencies in the supply of airport service providers or complementary services are considered exemptions from liability.
A disruptive Passenger whose behavior during a flight, at discretion of Carrier crew, endangers the safety of passengers, crew, aircraft or risks flight operations, hinders crew performance of their duties or does not comply with their instructions including, but not limited to, instructions regarding prohibition of smoking or consumption of prohibited substances; cause discomfort, inconvenience, damage or injury to other passengers or crew; threatens or insults other Passengers or crew; and/or that behaves in a scandalous or offensive manner towards other Passengers or crew.
In any of the above cases, Carrier may take any measures deemed necessary to prevent continuity of such behavior, including the decision to disembark such disruptive passenger at a different point and closest to destination, as well as to make it available to competent authorities and a possible lawsuit. If so, it will be understood that it is taken to protect the aircraft safety and of other passengers, so that Carrier and its crew members will be exempted from any type of civil, criminal liability or any of other nature for such Disruptive Passenger or other passengers.
Disruptive Passenger must indemnify Carrier for all damages and losses caused, such as excess fuel consumption, payment of airport services, delays of other flights and, in general, any expense incurred by Carrier, any amount that Carrier stops perceiving and any deterioration of image or public credibility. Carrier reserves the right to continue providing transport service to such Disruptive Passenger on subsequent occasions, without any liability.
Carrier reserves the right to adapt, modify or correct at any time the contents hereof, being subject to provisions of Law and its Regulations and/or any other applicable regulation.
In any case, service will be provided in accordance with terms and conditions that were in force at the time of hire, unless otherwise provided by law.
Neither Passenger nor any Carrier agent or employee is entitled to alter, modify or waive any terms and conditions set forth herein.
If some provision established herein may be invalid by judicial resolution, other provisions will remain valid and in force and will continue to be considered mandatory for all parties.
Resolution of disputes arising from application, execution, compliance or interpretation hereof shall be subject to provisions of Law, Regulations, Federal Civil Code, as well as courts of common jurisdiction in Mexico City, waiving any other current or future jurisdiction that corresponds to them due to their current or future domicile.
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