GENERAL CONDITIONS OF AIR TRANSPORT OF TAME
1. For the purposes of this contract, "ticket" means a ticket, itinerary or receipt for travelling and/or baggage which shall be subject to the conditions and notices of this Contract of Carriage (the “contract”). “Carrier" means all airlines that transport or promise to transport the passenger and his/her baggage pursuant to the terms of this contract. Tickets may include electronic tickets for travelling, electronically registered by or on behalf of the carrier, electronic coupons or boarding passes, as applicable.
2. Travel with a carrier is subject to the provisions of either or both of the Montreal Convention and the Warsaw Convention, which govern and may limit the liability of carriers for death or personal injury, loss or damage to baggage, and delays.
3. A passenger’s 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.
4. Your contract of carriage with any carrier that provides air transport services governed by this contract, whether international, domestic or a domestic portion of an international journey, is subject to this contract and the notices it contains, as well as any terms, conditions, or notices of the contract of carriage of the carrier.
5. A carrier that issues a ticket for transportation by another carrier for a segment of a passenger’s itinerary serves only as an agent.
6. The conditions of this contract may include, but are not limited to:
• Conditions and limits on the carrier's liability in cases of passenger injury or death;
• Conditions and limits on the carrier's liability for loss, damage or delay of goods and baggage, including fragile or perishable goods;
• 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;
• Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier;
• 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;
• 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;
• 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.
7. 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.
8. This contract hereby incorporates by reference the applicable rules of TAME’s “General Conditions of Carriage.”
9. Any passenger who receives or uses a ticket, or is simply transported by or on behalf of TAME EP is declared to have accepted the terms of this contract. 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 or in the General Conditions of Carriage, will be invalid.
10. The ticket issued is not transferable and guarantees only the transportation of the holder between the airports indicated on the ticket.
11. The carrier may refuse transportation services if the applicable fare has not been paid or if the ticket has been obtained illegally. Similarly, the carrier will deny boarding to a passenger or will arrange removal of a passenger if the carrier believes the passenger may affect the safety of the flight or other passengers.
12. All passengers shall at all times be able to prove their identity.
13. Under the General Conditions of Carriage, TAME and all carriers reserve the right to deny boarding to passengers and/or their baggage for security reasons or to protect the integrity and comfort of other passengers, as in the case of:
a. People who are drunk;
b. People with communicable diseases or conditions that could pose a direct threat to the health or safety of others on the flight;
c. People who are prevented from travelling by order of competent authority;
d. The carrier may also refuse boarding of people who have not checked in for their flight two hours before departure for international flights and one hour prior to departure for domestic flights.
14. The carrier will apply charges, if any, to passenger baggage subject to the following scale:
15. 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.
16. 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.
17. 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)."