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Contract of Carriage

GENERAL CONDITIONS OF AIR TRANSPORT OF TAME

1.  Definitions.

A.    “Carrier" means the airline issuing the ticket and the airline that transports or promises to transport the passenger and his/her baggage pursuant to the terms of this contract.

B.    “Montreal Convention” refers to the Convention for the Unification of certain rules relating to international carriage by air, singed in Montreal, Canada, on May 18, 1999.

C.    “TAME” means Tame EP Línea Aérea del Ecuador.

D.    “Ticket” means the record of agreement, including electronic tickets for Passenger air transportation, provided by TAME under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations.  Tickets may include electronic tickets for travelling, electronically registered by or on behalf of the carrier, electronic coupons or boarding passes, as applicable.  The Ticket establishes the terms and conditions of the air transportation and baggage control, which shall be subject to the conditions and notices of this Contract of Carriage (the “contract”).

E.    “Warsaw Convention” refers to the Convention for the Unification of certain rules relating to international carriage by air, signed in Warsaw in 1929, and changes to these rules introduced by the Hague Protocol in 1955 and the Montreal Protocols in 1975.

2.  Applicability.

A.    This contract applies to and governs TAME’s routes only.  Meaning the contract and conditions herein shall apply to any flights or flight segments in which the name: “TAME” or the designator code EQ appear on the airline information box in the respective boarding pass.

B.    The conditions in this contract are applicable unless they go against the national Constitution, the Warsaw Convention or Montreal Convention, and the laws or regulations of the countries where they apply.  If a provision herein loses its validity, the remaining provisions will continue to be valid.  

C.    If TAME undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier, TAME will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier.    

3.  Nature of Contract.

A.    A passenger’s receipt or use of a Ticket for travelling constitutes acceptance of the conditions of this contract between the carrier and the passenger whose name appears on a Ticket or who owns baggage recorded on a Ticket.

B.    The Ticket, which is issued in the passenger’s name, is personal and non-transferable.    All passengers shall at all times be able to prove their identity.

C.    Any indication displayed on a ticket, made by a passenger, employee, dependent of the carrier or by a third party that tends to change, modify or suspend the clauses contained in this contract will be invalid.

D.    The carrier shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any passenger and/or their baggage for the following reasons::

a.    When the passenger does not meet the conditions set forth herein.
b.    When the passenger has not paid or the applicable fare, taxes, or other charges, or if the ticket has been obtained illegally.
c.    When the passenger participates in or is involved in an incident that goes against the physical integrity or endangers the safety or security of the passengers, crewmembers, or the baggage.
d.    When the passenger may represent a threat to flight safety; to on-board comfort, order or discipline; to the health or convenience of the other passengers and of the crew.  
e.    When a passenger does not allow himself/herself to be searched.
f.    When a passenger does not allow his/her checked baggage or carry-on baggage to be inspected.     
g.     When a passenger is intoxicated or under the effects of alcohol or drugs.
h.    When a passenger acts act contrary to instructions given by the cabin crew of the aircraft or any employee that works for the carrier.
i.     Passengers with communicable diseases or conditions that could pose a direct threat to the health or safety of others on the flight;
j.    Passengers who are prevented from travelling by order of competent authority;
k.    .  Passengers who have not checked in for their flight two hours before departure for international flights and one hour prior to departure for domestic flights.

E.     The conditions of this contract may include, but are not limited to:
a.    Conditions and limits on the carrier's liability in cases of passenger injury or death;
b.    Conditions and limits on the carrier's liability for loss, damage or delay of goods and baggage, including fragile or perishable goods;
c.    Implementation of the conditions and limits of liability of the carrier with respect to acts of agents, employees or representatives of the carrier, including any person providing either equipment or services to the carrier;
d.    Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier;
e.    Rules on reservations or reconfirmations; check-in times at the airport; use, duration and validity of air transportation services; and the right of the carrier to refuse carriage;
f.    Rights of the carrier and limits on the carrier's liability in case of delay or failure to perform a service, including schedule changes, substitution of alternative carriers and/or re-routing aircraft and, as required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft;
g.    Rights of the carrier to deny transportation to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.

F.    The carrier agrees to do everything possible to transport passengers and their baggage within a reasonable amount of time.  The carrier cannot guarantee compliance with times indicated on the Ticket or any other publication as they could change suddenly as a consequence of force majeure, safety reasons or other circumstances.  The carrier will adopt all reasonable measures that are possible to avoid delays in transporting its passengers and their baggage.  

4.  Baggage Transportation.

A.    The carrier will apply charges, if any, to passenger baggage subject to the following scale:
https://www.tame.com.ec/index.php/en/component/content/article?id=67

B.     The passenger will receive a ticket for each piece of checked baggage. If a passenger has excess baggage, the passenger is obliged to pay the charges (listed in the scale referenced above) plus sales taxes (where applicable) in the airport of origin, in which case you will also receive a receipt for excess baggage charges.

C.     The carrier is not obliged to carry excess baggage on the same flight for a passenger, but agrees to do so on the first available flight.

D.    In compliance with local and international regulations, the Carrier will deny the transportation as baggage (whether carry-on or checked), of any dangerous articles or substances that could pose a serious risk to the health or safety of the flight.

E.    The carrier and the airport security personnel may confiscate dangerous articles and substances carried on the Passenger’s person or inside his or her baggage, in order to deliver them to the respective authorities in accordance with applicable local regulations.  

F.     This contract hereby incorporates the applicable provisions of the Code of Civil Aviation of Ecuador and Aviation Code regarding the carriage of passengers and luggage and the Law of Organic Consumer Protection:

"Restricted Items: suitcases or briefcases with installed alarm mechanisms, compressed gases (flammable, non-flammable and poisonous), compressed gas cylinders, diving air tanks, corrosive (alkaline acids) lithium batteries or wet cells, explosives (ammunition,  weapons materials or pyrotechnics), flammable liquids or solids, lighter fuel, matches and items easily ignitable, toxic or poisonous materials (arsenic, cyanide, insecticides or herbicides)."

G.    This contract hereby incorporates the carrier’s baggage policy and terms therein found here: https://www.tame.com.ec/index.php/en/my-trip/baggage-policies

5.  Limits of Liability.  

A.    If a passenger’s trip begins or ends in the same country, the transportation service and the limits of liability will be governed by the applicable legislation of the country in question.  If the trip is international, the Warsaw Convention, the Montreal Convention or any other applicable international regulations shall apply, as appropriate.  These conventions and regulations will control, as appropriate the limits of liability for the Carrier in the case of death or personal injury to the passenger and delays or cancellations of the flight, as well as loss, delay or damage of the baggage.    

B.    Regarding those items with high commercial value and electronic devices, the passenger must transport these items as carry-on baggage in order to always keep control of them, since the Carrier will only be liable up to the limits established by the law or applicable international conventions if they are transported as checked baggage.

C.    The liability of the Carrier in case of death or personal injury to the passenger and/or for baggage loss, delay or damage in the case of transport between two points in the same country, is limited to the applicable laws and legislation of the corresponding country. Furthermore, the liability of the Carrier in case of death or personal injury to the passenger and/or for baggage loss, delay or damage on international flights, is limited by international conventions relating to international air transportation, whether by the Warsaw Convention or by the Montreal Convention, as applicable.

D.    Any limitations on liability or exceptions to the responsibilities of the carrier will extend to the carrier’s agents, employees and/or representatives, as well as any entity whose aircraft are being used by the carrier and its agents, employees and/or representatives.

CARRIAGE OF INFANTS

Tame encourages all adults traveling with children under the age of two (2) years to secure the child in an approved car seat or child restraint system in the child’s own, purchased seat. A paying adult Passenger may carry, free of charge, on his or her lap, one child over seven (7) days and under two (2) years of age. For Passengers departing from international destinations with lap infants, Carrier will collect APHIS (Department of Agriculture) and INS (Customs and Border Protection) taxes at the airport for the lap infant. Carrier reserves the right to request proof of age (e.g. passport, birth certificate or immunization record) before accepting an infant for travel as a lap child.

If a separate reservation has been made for the child over seven (7) days and under two (2) years of age, the child may travel in a separate seat, provided that the child must be securely placed in an FAA Approved child restraint system that conforms to the following guidelines:

• Car seats manufactured on or after February 26, 1985 must bear two labels, (1) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT”, in red lettering; and (2) “THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS.” this second statement need not be in red lettering.  

• Car seats manufactured between 1981 and 1985 must state “THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS.”   

• FAA approved CARES Child Restraint System must state “FAA APPROVED IN ACCORDANCE WITH 14 CFR PART 21.305(D) APPROVED FOR AIRCRAFT USE ONLY”.

• Booster type seats, vest and harness type child restraint systems, lap held child restraints or seats manufactured before 1981 are not acceptable for use.   

• Child restraint systems may not be used in an emergency exit row or aisle seat.

• It is the responsibility of the child’s parent or accompanying adult to ensure that the restraint device functions correctly, that the child is adequately secured by the device, that the child’s weight does not exceed applicable limitations and that the device has been properly secured to the aircraft seat.

• Children may not be placed in booster seats, restraint vests, restraint harnesses and other devices not meeting the FAA requirements.

CHECK-IN SERVICE AND BOARDING

TAME Passengers traveling with or without checked baggage must have obtained a boarding pass and have dropped off their baggage sixty (60) minutes prior to scheduled departure; and (b) All Passengers must be onboarded the aircraft fifteen (15) minutes prior to the scheduled or posted aircraft departure time.

Passenger is any person, except members of the crew working the flight, who enters into a contract of transportation or other agreement (or for whom a contract of transportation or other agreement is entered into) with Carrier by which the person is to be transported in an aircraft with the consent of Carrier. A person who is identified, at any time and in any way, as a knowing participant in the commission of a War Risk Occurrence shall not be considered to be a “Passenger” for the purposes of this Contract of Carriage

If a Passenger holding a Confirmed Reservation presents him or herself for carriage at the appropriate time and place, having complied fully with Carrier's requirements as to reservations and check-in, and if the flight for which the Passenger holds a Confirmed Reservation is oversold and due to over sales, TAME is unable to accommodate the Passenger and departs without him or her, the Passenger shall be entitled to the denied boarding compensation. immediately below unless  

The Passenger responds to Carrier’s request for volunteers and who willingly accepts Carriers’ offer of compensation, in any amount; or (ii) one of the exceptions to eligibility for denied boarding compensation. For the sake of clarity, a Passenger who responds to Carrier’s request for volunteers and who willingly accepts Carrier’s offer of compensation shall not be considered to be involuntarily denied boarding and shall not be entitled to denied boarding compensation.   


A Passenger who is denied boarding involuntarily, shall be entitled to One Thousand Three Hundred and Fifty Dollars ($1,350)

Acceptance of denied boarding compensation relieves Carrier from any further liability caused by its failure to honor the Passenger’s original Confirmed Reservation.    

Passengers denied boarding involuntarily are not entitled to denied boarding compensation if:

• The Passenger does not fully comply with this Contract of Carriage regarding ticketing, reconfirmation, check-in, acceptability for transportation.

• The flight for which the Passenger holds a Confirmed Reservation is unable to accommodate that Passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons.   

• The Passenger is offered accommodations or is seated in a section of the aircraft other than that specified on the ticket at no extra charge, except that a Passenger seated in a section for which a lower fare is charged shall be entitled to an appropriate refund.

• Carrier arranges alternate transportation, or other transportation used by the Passenger at no extra cost to the Passenger, that at the time such arrangements are made is planned to arrive at the airport of the Passenger’s next Stopover or, if none, at the airport of the final destination not later than one (1) hour after the planned arrival time of the Passenger’s original flight.

• The Passenger voluntarily relinquishes his or her Confirmed Reservation in exchange for compensation offered by Carrier.  

OTHER CIRCUMSTANCES

In determining which Passengers holding Confirmed Reservations shall be denied boarding involuntarily, Carrier shall deny boarding to such Passengers in the order of when Passengers checked in, commencing with those Passengers who checked in last.

Before denied boarding occurs, Carrier will give a written explanatory statement to Passengers who are denied boarding.

BAGAGGE VALUEABLE GOODS   

Valuable and fragile goods

Passengers should not check-in any such items in baggage. If they are checked-in as baggage, passengers agree that they do this on their own risk. Such items include but are not limited to: money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable instruments, securities or other valuables, passports and other identification documents, title deeds, artefacts and manuscripts.

Important Notice for Valuable Items on Checked Baggage

we strongly recommend that you do not pack valuable and special items into your checked baggage. Please use your carry-on baggage allowance for any important documents, cash, fragile or perishable items, keys, jewelry, computers and other personal electronic devices, medicines, medical documents, passport, other identity papers and any other valuable items.