Passenger Air Transportation Agreement
The provisions of this agreement (hereinafter referred to as “Agreement”) are subject to, and complemented by the regulatory provisions deriving particularly from the Brazilian Aeronautics Code (Law no. 7.565 dated December 19, 1986); from Ordinance no. 676/GC-5, dated November 13, 2000; from the Aeronautics Commandant and from the Convention for the Unification of Certain Rules for International Carriage by Air, done May 28, 1999 (“Montreal Convention”) and from the Convention for the Unification of Certain Rules Relating to International Transportation by Air done October 12, 1929 (“Warsaw Convention”)and from the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, done September 28, 1955 (“Hague Protocol”); as well as from Law no. 8078/90 (Consumer Protection Act), and said provisions govern the providing of passenger air transportation services provided by VRG LINHAS AÉREAS S/A, a company enrolled before the CNPJ under no. 05.575.651/0001-59, headquartered at Praça Senador Salgado Filho, s/n, Aeroporto Santos Dumont, Térreo, area pública, entre os eixos 46-48/O-P – sala da Gerência, Back Office, , hereinafter referred to as “Gol”. In the case of flights to or from the United States, the provisions of this Agreement shall apply except to the extent that any of such provisions are inconsistent with any applicable regulations of the United States Department of Transportation.
1) The airfare ticket (receipt of acquired credits), whether issued by physical or electronic means (hereinafter referred to as “Airfare Ticket”) and the luggage tag (hereinafter referred to as “Tag”) are appurtenants of this Agreement.
2) The expressions “Passenger” and “Passengers” indicate users of air transportation services.
3) A Copy of the Agreement has been made available to the Passengers at the counters and addresses of Gol, on GOL’s website, and it shall be handed over to interested parties upon request.
4) The purchase of the Air Fare Ticket by the Passenger means his/her explicit agreement to the provisions contained in this Agreement.
1. PASSENGER’S COVENANTS
1.1 Showing up for Boarding: The Passenger must show up at least sixty (60) minutes before take-off time if the flight is a domestic one, and one hundred and twenty (120) minutes before boarding time if the flight is an international one.
1.2 Compliance with the requests of the crew: The passenger must abide by written notices or by those conveyed by the crew. The Captain of the aircraft has been empowered to:
i) prevent the boarding of any Passenger who (a) is under the influence of alcohol, or under the influence of drugs or of substances that may cause addiction or a psychic change, or (b) who is not properly dressed or wearing proper footwear; and
ii) At the first stop, the Captain may order the deplaning of a Passenger who (a) fits in with one of the situations shown supra, (b) becomes obnoxious, bothering the other passengers, (c) refuses to obey the instructions issued by the crew, (d) compromises the order or discipline aboard the aircraft, or (e) places the safety of the aircraft at risk.
1.3 Other Duties. Besides showing up for boarding at the pre-determined time, the passenger has also the following duties:
i) to have all the documentation needed to board the aircraft and to deplane;
ii) to be properly dressed and to wear proper footwear;
iii) to abstain from attitudes that may be obnoxious, or which may cause discomfort or harm to the other passengers;
iv) not to smoke onboard the aircraft;
v) to turn off sound, electronic and telecommunications equipment that may interfere with the operation of the aircraft or which may disturb the peace of mind of the other passengers;
vi) not to partake of beverages other than those made available by Gol’s onboard service;
vii) not to carry dangerous articles in the luggage or in any other fashion;
viii) not to store hand-carried luggage in passageways or in places which may hinder access to emergency exits;
ix) not to transport luggage belonging to others, or the contents whereof are unknown to him/her;
x) to keep under his/her safekeeping and watchful eye all his/her luggage which must have been properly identified as long as s/he remains inside the passenger terminal; and
xi) to bear all surface transportation and lodging expenses during normal layovers.
2. THE AIRFARE TICKET
2.1 Transfer. The Airfare ticket is personal and non transferable, and is intended exclusively for the transportation of the individual named thereon. It should also be stressed that the airfare ticket is non endorsable.
2.2 Refunds. The amount paid for the Airfare Ticket shall be refundable under the following circumstances:
i) if the flight has been cancelled by Gol.
ii) if there is a delay of over four (4) hours at the start of the trip, and if as result, the Passenger gives up using the transportation services;
I – It should be stressed that likewise, if connecting flights are late in arriving, no refund shall be made for the unused portion of the trip in case the Passenger accepts another means of transportation for said portion of the trip.
II- In cases of cancellation and/or delays resulting from weather conditions, Gol shall be exempt from any liability, and no claims shall be accepted regarding refunds, there being kept, however, the contractual conditions for the transportation of the passenger upon release by the Agency having jurisdiction.
III- When the Passenger gives up using the transportation services (cancellation) manifested during the legal timeframe, up to four hours in advance to the time scheduled for boarding.
IV- It should be stressed that when traveling in a group (or being part of one), the advance notice must be of:
a) 72 (seventy-two) hours for groups of five (5) to ten (10) people; and
b) ten (10) days for groups of over ten (10) people.
Sole Paragraph – In case of cancellation resulting from the sole and exclusive manifestation of the Passenger, and if said cancellation is accomplished 24 four hours prior to the time envisaged for boarding, the amount equivalent to the surcharges deriving from the contractual termination shall be charged pursuant the rates that are in effect at that time. So that the Passenger may be made properly cognizant, said surcharge chart shall be always made available at purchase time via the following channels: Internet, at site www.voegol.com.br, Client Service over telephone 08007012131 and through the Sales Central over telephone 0300-7892121, by means of a specific tariff.
2.2.1 Excepting such cases, that is, if no changes have been levied on the transportation conditions previously agreed with Gol, deductions shall be made to the previously acquired credit in lieu of compensatory service fees, determined pursuant the deduction chart in effect at the time of the refund. So that the Passenger may be made properly cognizant, said chart shall always be made available at the time the airfare ticket is purchased through the following channels: Internet, at site www.voegol.com.br, Client Service, over telephone 08007012131 and through the Sales Central, over telephone 0300-7892121, by means of a specific tariff.
2.2.2 The amount of the refund shall be always equipollent to the unused portion of the trip by the Passenger, net of service fees.
2.2.3 The Passenger may choose to hold on the amount of the credit for the period of one year, counted as of the date of the flight, provided the airfare ticket was purchased directly from the air carrier. In case the airfare ticket has been purchased through a travel agency, said airfare ticket may only be refunded or rescheduled.
2.2.4 The interruption of the trip at regular stops through the initiative of the Passenger, or as result of being expelled from the aircraft as result of the events shown in item 1.2 of clause 1 of the agreement, shall not entitle the Passenger to get any refunds over the amount of the Airfare ticket.
Sole Paragraph – An exception is also made in case the interruption of travel has been caused as result of force majeure, especially as deriving from weather conditions, safety reasons and from Acts of God, in which case no refunds shall be due, although the air carrier shall be obligated to transport the Passenger to the destination contracted for.
2.2.5 The interruption of the trip at a regular stop shall only be possible without an increase in the airfare if:
(i) the Passenger manifests his/her intent to stop until the start of the trip to his/her final destination;
(ii) there are no legal or regulatory restrictions to that effect; and
(iii) the amount of Gol’s air fare ticket for the trip down to the deplaning point is less than the amount shown on said air fare ticket.
2.3 In the event of a no-show for boarding, the administrative fee referent to the breach of transportation contract will be charged and subsequent trip segments will be canceled. The residual amount will remain as a credit until there is a request for refund or a rescheduling within one year from the date the reservation was made. Starting on May 1, 2012, tickets issued with Smiles miles will not be refunded in the event of a no-show. For the passenger’s information, a reference table with the fee amount will always be available at the time of purchase through the following channels: online, on the website www.voegol.com.br, at the Client Services Center, over the phone 0800 704 0465, and through the Sales Center, by calling 0300-115 2121, given a specific fare.
2.4 Changes in Itinerary/Boarding Time. In case the Passenger requests that changes be made in the itinerary or in the original travel time, and if Gol decides to comply with the request, the tariff may be readjusted.
2.5 Misplacement of the Airfare Ticket
In case of misplacement of the proof of purchase of the airfare ticket, Gol shall issue a copy maintaining however, the same effectiveness corresponding to the misplaced ticket acquired originally.
2.6.1- The credit acquired by the passenger shall remain effective for a period of 12 months.
Sole Paragraph – An exception shall be made to the fact that during its effectiveness, and in case the airfare ticket is used at a later date, if the amount corresponding to the trip is not the same, the Passenger shall be obliged to complement the amount necessary to contract said transportation service under pain of being unable to enjoy said credit. In this case, the already acquired credit may be refunded in pursuance to contractual provisions.
I- A new issuance of the airfare ticket shall only be accomplished at the airports where Gol operates.
3.RESERVATIONS AND THE WAITING LIST
The reservation shall only be considered as having been confirmed when the payment for the airfare ticket has been made, and only when the date and the time of the flight, as well as the service class and the status of the reservation have been properly annotated on the ticket by properly accredited personnel.
The Passenger may cancel an already confirmed reservation, provided s/he does so at least four (4) hours in advance to the time that has been set for his/her showing up for boarding.
I- When the reservation has been made for a group or part of it, this advance notice must be of:
a) seventy-two (72) hours for groups of up to five (5) to ten (10) people; and
b) ten (10) days for groups of over 10 people.
Sole Paragraph – In ratification of, and in pursuance with the provisions of the sole paragraph of item 2.2.1 of clause 2, in case cancellation is made through the sole and exclusive manifestation of a Passenger, and if such declaration is the expression of the will of all during the 24 hours preceding the time envisaged for boarding, an amount equivalent to the surcharges deriving from the contractual rescission shall be charged, as obtained from the fee table available at the time the ticket was purchased.
3.3 Waiting Lists. Waiting lists shall be opened up at the airports as soon as the total of confirmed reservations reaches the limit of the seats available on the aircraft. Passengers whose names have been placed on said waiting list shall be called by order of entry on said list, according to the number of seats to be released as result of noshow at the time envisaged for the boarding of the Passengers with confirmed reservations.
3.3.1 Gol does not offer any guarantees that the individuals who have been entered on the waiting list may board their respective flights.
4.1 Luggage Allowance. Adult Passengers may transport free of any additional charge up to twenty-three (23) kilograms of luggage.
4.1.1 Children under two (2) years of age are not entitled to luggage allowance unless they have had a seat purchased for them.
4.1.2 The luggage allowance may not be used to transport live animals.
4.2 Excess Luggage.
Baggage which exceeds the limit will be regarded as excess baggage and a fee of 0.5% of the normal economy class fare (Y) for domestic flights or 1% of the normal one way economy class fare (Y) for international flights will be charged, per kilo of excess checked in baggage and may be shipped as unaccompanied cargo on the next flight.
4.3 Hand-carried Luggage.
Passengers may carry one single hand-carried piece of luggage free of charge, provided said piece of luggage complies with the following requirements:
i) its total weight does not exceed five (5) kilograms, or that the sum of its dimensions (length + width + height) are not in excess of one hundred and fifteen (115) centimeters;
ii) the objects contained in the hand-carried piece of luggage have been properly packed; and
iii) that the volume fits inside the Passenger cabin without disturbing the comfort and the tranquility of the remaining passengers, nor placing at risk the physical integrity of the other passengers, of the crew and of the aircraft.
4.3.1 In the flights of aircraft seating up to fifty (50) Passengers, the weight and the dimensions of the hand-carried luggage that the Passenger may take along may be different.
4.4 Special Luggage.
Irrespectively of the luggage allowance set forth in clause 4.1 supra, the transportation of certain objects may be subject to specific charges. The Passenger should ask Gol regarding the list of objects subject to said tax and its amount.
4.5 Transportation of animals.
The transportation of animals is entailed to the specific authorization by Gol, and through the payment of a specific tariff.
4.5.1 In order to be able to transport any animal, at boarding time the Passenger shall present a certificate as to the sanity of the animal, provided by an appropriate official agency or by a veterinary doctor.
4.5.2 The presentation of the aforementioned certificate shall not insure the approval by Gol to transport said animal.
4.5.3 The transportation of a dog trained to lead blind people who are totally dependent on it shall be permitted within the passenger cabin, in addition to the luggage allowance and free of charge, provided the certificate envisaged in clause 4.5.1 supra is presented.
4.6 Materials and Substances that May not Be Transported.
Any luggage that has been forwarded on or any hand-carried luggage may not contain:
i) alarm devices;
ii) explosives, including empty cartridges, munitions, pyrotechnical materials, hunting guns, portable weapons and fireworks;
iii) gases (flammable, non-flammable and poisonous) such as butane gas, oxygen, propane, oxygen cylinders, etc;
iv) liquids used as lighter fluids, for heating purposes or for other applications;
v) flammable solids such as matches and articles of easy ignition;
vi) substances of spontaneous combustion;
vii) substances which when placed in contact with water release flammable gases;
viii) oxidizing materials such as lime dust, chemical discoloring substances and peroxides;
ix) poisonous (toxic) and infectious substances, such as arsenic, cyanides, insecticides and defoliating substances;
x) radioactive materials;
xi) corrosive materials such as mercury, acids, alkaloids and batteries containing corrosive liquids;
xii) magnetic and similar materials;
xiii) weapons pursuant the laws that are in effect; and
xiv) biological agents, such as bacteria, viruses, etc.
4.6.1 The list of the materials and substances supra is not exhaustive, and it may be expanded at any time by specific regulations, without entailing a covenant by Gol to inform the Passenger as to said expansion.
I- Any of the materials and substances pointed out supra, or the transportation whereof has been prohibited, if found on board, may be removed by Gol at any time.
Sole Paragraph – In this case, the parties agree as to Gol’s total exemption of responsibility.
II- In the case envisaged herein, the Passenger shall be obligated to indemnify Gol for any costs incurred into by the latter to remove or to transport any prohibited
materials or substances, as well as for any damages that Gol may undergo, which may be caused by said materials or substances.
The acceptance by the Passenger of the Luggage at the time of its effective handing over without an immediate protestation regarding possible damages is presumptive of the good conditions of the luggage, exempting Gol from any responsibility.
4.8 Losses of or damages to the Luggage
I- In case the luggage is misplaced, a legal timeframe of 30 days (21 days in the case of international flights) must be complied with for its return.
II- In case it is impossible to return the piece of luggage that has been misplaced, it must be observed that:
a) The responsibility of the transporter for any damages resulting from the destruction, loss or damages to luggage that has been forwarded, which occurred during the execution of the air transportation contract, shall be equivalent to an amount corresponding to 150 OTN (one hundred and fifty Bonds of the National Treasury – Obrigações do Tesouro Nacional) per Passenger at payment time.
1) Gol shall not be held accountable if the loss, destruction or damages to the luggage result exclusively from one or more of the following facts:
2) The nature of, or defects inherent in the luggage itself;
3) Defective packaging of the luggage effected by the Passenger or by third parties upon request of said Passenger;
4) An act of war or of armed conflict;
5) Act of a public authority pertaining to the luggage;
6) An Act of God or of force majeure; or
7) As result of fraud or something for which the Passenger may be blamed.
III- Gol’s responsibility for damage to the luggage as regards each Passenger shall be limited to the amounts set forth by the laws in effect at the time.
IV- No additional amount shall be due to the Passenger in lieu of indemnity, even if the luggage that has been destroyed, lost or damaged contained valuable items such as money, jewelry or electronic equipment.
5.1 Excessive Number of Passengers.
If, after accomplishing the check-in, and after his/her reservation has been confirmed, a Passenger is prevented from boarding as result of overbooking, Gol shall accommodate said Passenger on another flight, either its own or of another company within four (4) hours after the time set of the airfare ticket.
5.1.1 While the Passenger is awaiting the flight referred to in clause 5.1 supra, Gol shall provide him/her facilities pertaining to communications, lodging, and food, and if such is the case, transportation to and from the airport. Under no circumstances shall the Passenger receive the equivalent of the expenses referred to herein in cash.
5.2- Weather Conditions
I- In cases of cancellation and/or delays resulting from weather conditions, Gol’s responsibility shall be relegated, and the company shall not be liable for any refunds, there remaining, however, the contractual terms regarding the transportation of the Passenger when the flight is released by the appropriate Agency.
5.3.1- As compensation for the failure to board as indicated in clause 5.1 (excessive number of passengers), Gol may offer the Passengers the alternative to choose between the following compensations:
I- compensation credit of one hundred and five DES (“Special Withdrawal Entitlements” – Direitos Especiais de Saque as defined and computed by the International Monetary Fund) for trips not to exceed one thousand and one hundred (1,100) kilometers, and 175 DES for travel in excess of that distance, which, at the discretion of the Passenger, may be converted into:
(b) non transferable credit to buy another airfare Ticket or to exchange the original airfare Ticket of the Passenger for another of a higher class;
II) credit to cover the fee of excess luggage; or
III) credit to pay for the provision of services.
Sole Paragraph - Acceptance of the means of transportation offered shall be excluded from the corresponding contractual covenants.
5.3.2 Said compensation credit shall be effective for one year counted as of the date of its consignment, and it may only be used in one of the modalities that have been envisaged in item (i) of clause 5.3.1.
5.3.3 Even when accepting the compensation for not boarding, as set forth herein, the Passenger may use his/her airfare Ticket for traveling on another flight determined by Gol.
5.4 Exemption from Responsibility.
I- Gol shall not be held accountable for any delays in connections caused by flights operated by other companies. Likewise, Gol shall not be held accountable for delays in connections caused by reservations effected by third parties, the respective timings whereof are insufficient to accomplish said connection.
II- Gol may not be blamed in the event of force majeure, or in case of an order provenly issued by aeronautic authorities.
6. Additional surcharges
I- All and any land-based transportation services to the airport, or from the airport to any other venue which are provided by either Gol or by third parties engaged by the latter, shall be dunned separately and they have not been included in the price corresponding to the engagement of air transportation services.
6.2 Insurance. In addition to the airfare, Gol shall be entitled to dun transportation insurance.
In case the accommodation of the Passenger requires more than one seat, Gol may charge a supplementary amount for the Ticket equivalent to the number of additional seats occupied by the Passenger.
7. General Provisions
Sole Paragraph - Gol may only be held accountable to the extent of its contractual liability, in pursuance to the legal limits set forth in specific applicable norms.
I- As regards damages to Passengers, Gol shall not be held accountable for:
a) Demise or injuries that result exclusively from the health conditions of the Passenger;
b) For accidents that may be blamed exclusively on the Passenger, or:
c) As result of an Act of God or of force majeure.
8. INTERNATIONAL TRANSPORTATION
8.1 Source of the Norms. THE ENTITLEMENTS OF THE PASSENGER AND GOL’S LIABILITY REGARDING INTERNATIONAL TRANSPORTATION SHALL BE GOVERNED BY THE MONTREAL CONVENTION, THE WARSAW CONVENTION AND/OR THE HAGUE PROTOCOL AS APPLICABLE. THESE CONVENTIONS, WHERE APPLICABLE, GOVERN AND MAY LIMIT THE LIABILITY OF GOL IN RESPECT OF DEATH OR INJURY AND FOR DESTRUCTION OR LOSS OR DAMAGE TO BAGGAGE, AND FOR DELAY. THESE CONVENTIONS ARE SUMMARIZED IN THE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES ATTACHED HERETO AND PROVIDED TO EACH PASSENGER PURCHASING INTERNATIONAL TRAVEL.
8.2 Luggage Allowances. Luggage allowance regarding international flights may be different from those established in clause 4.1 as result of specific regulations. In order to find out about applicable luggage allowances, the Passenger should obtain such information from Gol.
8.2.1 The luggage allowance pertaining to international flights shall prevail over the allowance indicated in clause 4.1 pertaining to domestic flights which connect to international flights.
8.3 Excess Luggage. The amount to be paid for excess luggage may be different for international flights, since said amount is the object of specific regulations. In order to determine the amount to be dunned, the Passenger should first obtain such information from Gol.
8.4 Hand-carried Luggage. The requirements regarding hand-carried luggage on international flights may be different from those that have been established in clause 4.3, as result of specific regulations or of international agreements. In order to determine what are these requirements, the Passenger should first obtain such information from Gol.
9.1 The Courts of São Paulo (domestic flights). Any dispute or claim or lawsuit arising under this agreement regarding domestic flights or otherwise relating to such flights shall be brought before the Courts of the Judicial District of São Paulo and shall be subject to their exclusive jurisdiction.
9.2 Any dispute or claim or lawsuit arising under this agreement regarding international flights or otherwise relating to such flights shall be brought before the courts specified in the Montreal Convention, the Warsaw Convention and/or the Hague Protocol as applicable and shall be subject to their exclusive jurisdiction.
This agreement shall go into effect on December 01, 2002. All previous provisions to the contrary are hereby revoked in totum.