The provisions of this Contract, hereinafter referred to as (“Contract”), are subject to the Brazilian Civil Code (Law No. 10.406, dated January 10, 2002, and its amendments), the Brazilian Aeronautical Code (“CBA”) (Law No. 7.565, dated December 19, 1986), the 1999 Montreal Convention (as it pertains to international transportation), Law No. 8078/90 - Consumer Defense Law, its amendments and other applicable regulations that govern the air transportation provided by GOL Linhas Aéreas S.A, a corporation registered under CNPJ 07.575.651/0001-59, headquartered at Praça Senador Salgado Filho, no number, Santos Dumont Airport, ground level, Public Area, between axes 46-48/O-P, Management Office – Back Office, Zip 20021-340, Rio de Janeiro, Rio de Janeiro, hereinafter referred to as ("GOL").
1) The flight ticket (itinerary receipt), whether paper or electronic, hereafter referred to as ("Ticket"), and the baggage claim stub, hereafter referred to as ("Stub"), are also covered by this Contract.
2) The terms "Passenger" and "Passengers" refer to the individuals provided the air transportation services that are the object of this Contract.
3) The term “ANAC Tag” refers to the information on the Ticket regarding available space between aircraft seats and the width of the seat, as per Decree 135, dated March 9, 2010, of the National Civil Aviation Agency (“ANAC”) or any law enacted to replaced it.
4) The term “GOL Sales Channels” refers to the following ticket sales channels: (i) The Internet, via the website www.voegol.com.br; (ii) Customer Service Center, at 0800 704 0465; (iii) Sales Center, at 0300 115 2121; and (iv) any GOL Store.
5) The acquisition of a Ticket by the Passenger implies expressed agreement to the terms of this Contract and the specific fare regulations pertaining to the Ticket.
1. PASSENGER OBLIGATIONS
1.1. Boarding. Passengers must check-in at least 60 (sixty) minutes before the scheduled boarding time for domestic flights, at least 120 (one hundred and twenty) minutes before the scheduled boarding time for international flights, and 180 (one hundred and eighty) minutes before the scheduled boarding time for flights destined for the United States.
1.2. Compliance with Crew Member Instructions. After boarding, the passenger must follow any specific directions given in writing, verbally or in any other form by the flight crew. It is hereby understood that the captain, crewmember responsible for the operation and safety of the aircraft, is authorized to:
I) prevent the boarding of any Passenger who: a) is under the influence of alcohol or narcotics or any other addictive or psychoactive substance; b) is not properly attired or not wearing proper footwear;
II) at his or her discretion, at the first stopover, order the deplaning of any Passenger who: a) fits in one of the situations described above; b) is a nuisance to other passengers (unless due to a qualified disability on a flight to or from the United States); c) refuses to follow the instructions given by the crew; d) compromises the order or discipline aboard the aircraft; e) places at risk the safety of the aircraft;
III) give warning and/or take any and all actions necessary to protect the aircraft and the people and baggage aboard.
1.3. Other Duties. In addition to the abovementioned requirements, the Passenger must also:
I) when applicable and in accordance with the legislation in effect, submit to GOL, at least 72 (seventy two) hours prior to boarding, the Medical Information Form (“MEDIF”), duly signed and filled out by the Passenger’s physician;
II) carry all documentation needed to board and deplane the aircraft;
III) comply with the documentation rules for boarding and deplaning regarding unaccompanied minors and passengers with special needs;
IV) refrain from actions that may cause any risk, discomfort, distress or harm to other passengers or crew members (unless due to a qualified disability on a flight to or from the United States);
V) refrain from smoking aboard the aircraft;
VI) not carry dangerous items or hazardous materials aboard aircraft, as per the terms set forth by applicable legislation;
VII) refrain from storing carry-on baggage in passageways or in areas that may hinder access to emergency exits or their use;
VIII) refrain from carrying any baggage belonging to third parties or baggage whose content is unknown to him/her;
IX) keep all of his/her baggage with him/her at all times while in the passenger terminal and ensure that it is duly identified;
X) bear all land transportation and lodging expenses incurred during normal overnight stopovers;
XI) abide by and respect the itinerary as purchased, with due regard for the order of the flights and the conditions set forth in the fare regulations. Combining multiple fares and segments under the same reservation constitutes a single itinerary that will be considered in its entirety for the purposes of changes, cancellations and refunds.
XII) submit to civil aviation security inspections conducted by the airport’s operator, under penalty of being denied access to the boarding area and aircraft.
1.4 Checking Firearms or Boarding with Firearms. Any passenger bearing a firearm, who is authorized to do so and will travel on a domestic flight, is required to check in at least 2 (two) hours prior to departure at a GOL counter with the documents required by applicable legislation to undergo security procedures. The airport’s public security body is in charge of verifying and determining if the Passenger is permitted to board or whether the firearm must be transported as checked baggage. Sporting firearms must be checked and will be stored in an appropriate location in the aircraft’s baggage compartment.
1.4.1 Firearms may not be transported on international flights, except when provided for in treaties, conventions and/or agreements between the Brazilian Government and the destination country. On these occasions, the Brazilian Federal Police shall exclusively conduct the security procedures. The Passenger must present a document from the Government of the destination country authorizing the Passenger to enter their territory bearing a firearm, regardless of the Passenger’s duty or office.
2. RESERVATION AND TICKET
2.1 Transfers. The Ticket is personal and non-transferable and is intended for use only by the Passenger whose name is printed on it. The Ticket is also non-endorsable and shall be subject to applicable fare regulations, as per the terms set forth by GOL.
2.2. Passenger Information for the Reservation. The Passenger or his/her agents or representatives must correctly fill out the requested information when making a reservation.
2.2.1. Changes, substitutions or inclusion of characters in the name or other information in the Passenger's registration information, resulting from mere errors, may be requested by the Passenger via the Customer Service Center or a GOL travel store. The Passenger must provide documentation of the correct information and the request must be made before the check in times outlined in item 1.1 above.
2.2.2. It is hereby understood that, for purposes of providing Passenger information when making a reservation, the terms “Son,” “Nephew,” “Grandson” and similar terms will be entered into the appropriate field and mandatorily preceded by a family name.
Sole Paragraph - Whenever the Passenger is denied boarding due to non-compliance with the abovementioned clauses, the Passenger may be deemed a “no-show” for all intents and purposes, at GOL’s discretion.
2.3. Reservation Confirmation. A reservation shall only be confirmed upon payment.
2.4. Flight Changes. Should GOL agree to make a change to the itinerary upon request by the Passenger, the fare may be adjusted accordingly and a fee may be charged for the changes, as per fare regulations, at GOL’s discretion.
2.5. Flight Cancellations. A Passenger may cancel a flight reservation up to 30 (thirty) minutes prior to the scheduled departure time, upon payment of the applicable fee and according to the fare regulations pertinent to the ticket purchased. The cancellation does not imply an automatic refund of the residual amount, which, if any, shall be kept as credit for future use. Nevertheless, the residual amount may be refunded upon request by the Passenger, provided the refund complies with the applicable fare regulations.
2.6. Expiration of Credit. Credit deriving from an unused flight ticket shall be valid for a period of 1 (one) year from the ticket’s purchase date.
2.7. Please note that when purchasing a Ticket with the above-mentioned credit, the purchase must be made before the expiration date of the credit and will be subject to current fare prices. The Passenger will be required to pay any cost beyond that paid with the credit, if necessary. The current refund policy is applicable, at the Passenger's discretion, as per the terms of the Contract and current legislation.
Sole Paragraph – New tickets may only be issued with the abovementioned credit via GOL’s Sales Channels.
3.1. If the Passenger is a no-show, a breach of contract fee will be applied to the total value of the Passenger’s reservation and the reservations for subsequent segments will be automatically cancelled. The residual amount, which will correspond to the total reservation amount minus the breach of contract fee, shall be converted into a credit that will be valid for 1 (one) year as of the original ticket purchase date and which the Passenger may use to reschedule the flight or submit a refund request. The Passenger will bear any fare differences should the flight be rescheduled. It is hereby understood that the Passenger shall pay the applicable fee according to the fare regulations in effect at the time of purchase.
4.1. Ticket refunds may be requested under the terms set forth by the applicable legislation, whereby the refund amount shall always be equivalent to the segments that have not been used by the Passenger minus any other applicable amounts, in compliance with current legislation and the fare regulations for the ticket purchased.
4.2. The Passenger may choose, in lieu of a refund, to keep the residual amount as credit for a period of 1 (one) year from the date the ticket was purchased, provided that the Ticket was purchased directly from GOL.
4.3. In the case that an itinerary is interrupted at a stopover airport intentionally by the Passenger or because the Passenger was expelled from the aircraft for not complying with the terms set forth in item 1.2 above, the passenger will not be entitled to a refund.
5. STANDBY LISTS
5.1. Standby Lists. GOL may create standby lists at airports whenever the total number of confirmed reservations reaches the number of seats available on the aircraft. Passengers on the stand-by list will be called by the order his or her name appears on the list, according to the number of seats made available by no-shows passengers with reservations at the scheduled boarding time.
5.2. GOL does not accept any responsibility nor provide any guarantee that Passengers on the standby list will board a flight. Passengers on the standby list shall not be entitled to denied boarding compensation in the event they are unable to board a flight.
6.1. Checked Baggage Allowance. Passengers may transport, without paying any additional fee, up to 23 kilograms (50 lbs.) of baggage.
6.1.1. Children under 2 (two) years of age are not entitled to a baggage allowance unless a seat has been purchased for them.
6.1.2. The baggage allowance does not apply to the transportation of live animals.
6.1.3. The international baggage allowance may differ from the baggage allowance set forth in clause 6.1 due to specific regulations and shall prevail on domestic flights connecting to an international flight. Passengers should request information about baggage allowance directly from GOL prior to their flight.
6.2. Excess Baggage. Baggage that exceeds the baggage allowance will be considered excess baggage and may be checked at GOL’s discretion. Excess baggage will be subject to applicable fees, according to the terms set forth by GOL and current legislation.
6.2.1. The amount to be paid for excess baggage may vary between international flights, as the amount will be subject to the specific regulations relevant to the flight. Passengers may consult the GOL website at the time of purchase for information on excess baggage costs for both domestic and international flights.
6.3. Carry-on Baggage Allowance. Passengers may carry only one carry-on baggage item, such as a backpack or a small suitcase, free of charge, provided the item complies with all the following requirements:
I) the total weight must not exceed 5 (five) kilograms/11 (eleven) pounds and the sum of its dimensions (length, width and height) must not exceed 115 (one hundred and fifteen) centimeters/45 (forty-five) inches.
II) the objects contained in the carry-on baggage must be properly packed; and
III) the carry-on baggage must fit inside the Passenger cabin without compromising the comfort and peace of the other Passengers or risk the physical integrity of the other Passengers, the crew or the aircraft.
6.3.1. Before boarding the aircraft, the Passenger should check with GOL as to which items the airline recommends transporting as carry-on baggage.
6.3.2. On aircraft with occupancy of up to 50 (fifty) Passengers, the weight and the dimensions of the carry-on baggage may differ from those described in this Contract. The Passenger should consult with GOL regarding this policy before the flight.
6.3.3. Carry-on baggage requirements on international flights may differ from the requirements set forth in item 6.3, due to specific regulations or international agreements. Passengers should consult with GOL to learn about applicable requirements.
6.3.4 On flights to or from the United States, qualified mobility aids and other assistive devices (such as manual wheelchairs, canes, crutches, walkers and other assistive devices) will not be counted toward the limit on carry-on baggage.
6.4. Transporting Animals. The transportation of animals is subject to the express authorization by GOL and a specific fee.
6.4.1. In order to transport any animal, the Passenger must present the required documentation described on the GOL website, prior to boarding.
Sole Paragraph - The presentation of the abovementioned documents does not guarantee that GOL will approve the transportation of the animal.
6.4.2. Guide dogs will be allowed in the cabin free of charge and without counting toward the baggage allowance, provided the visually impaired Passenger is entirely dependent on the guide dog and the Passenger submits the documents requested in item 6.4.1 above, except that on flights to or from the United States, guide dogs will be allowed in the cabin free of charge based on identification cards, harnesses, tags or other written documentation, or the credible verbal assurances of the Passenger using the guide dog, evidencing that the animal is a service animal.
6.5. Prohibited materials and substances. Baggage, whether checked or carryon, may not contain under any circumstances:
I) alarm devices;
II) explosives, including empty cartridges, ammunition, pyrotechnical materials, hunting rifles, handguns or fireworks;
III) gases (flammable, non-flammable and poisonous) such as butane gas, oxygen, propane, oxygen cylinders, etc.;
IV) flammable liquids used as lighter fluid, fuel for heating purposes or any other application;
V) flammable solids such as matches and items that are easily ignited;
VI) substances that could combust spontaneously;
VII) substances that, when placed in contact with water, release flammable gases;
VIII) oxidizing materials such as powdered lime, bleaching agents and peroxides;
IX) poisonous (toxic) substances, such as arsenic, cyanides, insecticides and defoliants, and infectious substances;
X) radioactive materials;
XI) corrosive materials such as mercury, acids, alkalis and wet cell batteries, except when such batteries are being used to power motorized wheelchairs;
XII) magnetic materials or anything similar;
XIII) weapons, ammunition, hunting rifles, handguns, unless permitted by applicable legislation;
XIV) biological agents such as bacteria, viruses, fungi, etc.
XV) items or packages belonging to third parties or originating from a location unknown to the Passenger;
XVI) incapacitating substances such as pepper spray, tear gas or similar substances;
XVII) electroshock weapons;
XVIII) Luggage, boxes or security-type attaché cases incorporating pyrotechnic material or lithium batteries;
XIX) underwater lighting and welding equipment.
6.5.1. This abovementioned list of materials and substances is not all inclusive and may be changed and/or amended at any time by GOL and/or according to specific regulations, without GOL having to inform the Passenger about such change and/or amendment.
6.5.2. Any of the materials and substances listed above, as well as any other prohibited materials or substances, may be removed at any time from the aircraft by GOL, at its discretion, whereby GOL shall be exempt from any liability, under any title.
Sole Paragraph – In such cases, the Passenger shall be obliged to indemnify GOL for any costs incurred by the latter when removing or transporting such prohibited materials or substances, as well as for any damages that GOL or third parties may suffer as a result of such materials or substances.
6.6. Complaints – Damage to Baggage. Except as otherwise provided by the Warsaw and Montreal Conventions where international travel is involved, acceptance of baggage by the Passenger without filing a complaint in the form of a Baggage Irregularity Report at the time of delivery is evidence that the baggage was delivered in good condition, thereby exempting GOL from any liability.
6.7. Loss of Baggage. Except as otherwise provided by the Warsaw and Montreal Conventions where international travel is involved, if baggage is lost, the Passenger must file a Baggage Irregularity Report, whereby GOL shall be required to return the lost baggage within 30 (thirty) days of when the complaint was filed.
6.8.1. If the baggage is not returned as per the abovementioned terms, then:
I) GOL is liable for losses sustained due to destruction, loss or damage of the checked baggage, provided that such losses were incurred during the execution of the transportation contract, whereby compensation shall be limited to the amount set forth in the applicable legislation, per Passenger, per incident, under the terms of the Brazilian Aeronautical Code and any future amendments thereto or, in the case of international travel, under the Warsaw and Montreal Conventions.
II) Except as otherwise provided by the Warsaw and Montreal Conventions where international travel is involved, GOL shall not be liable for any destruction, loss or damage of baggage due to the following:
a) The inherent nature or a defect of the baggage;
b) Improper packing of the baggage by the Passenger or by third parties who were requested to pack it by the passenger;
c) An act of war or an armed conflict;
d) An act of public authority with jurisdiction over the baggage;
e) An Act of God or force majeure event;
f) Damages caused by fault or negligence on the part of the Passenger.
6.8. Codeshare and Interline Agreements. The baggage allowance on Codeshare or Interline flights may differ from the baggage allowances set forth in item 6.1, due to specific regulations. Passengers should request information about baggage allowance from the party that sold the Ticket, prior to their flight.
7. CANCELLATIONS AND DELAYS
7.1. Failure to Board. If a Passenger with a confirmed reservation is denied boarding after check in because of technical irregularities, operational security or overbooking, GOL shall offer the Passenger the options set forth by the applicable legislation.
7.2. Weather Conditions. If a flight is cancelled and/or delayed due to weather conditions, GOL shall offer the Passenger the options set forth by the applicable legislation. Nevertheless, the contractual terms regarding the transportation of the Passenger shall remain unaffected once the appropriate Agency has authorized the departure of the flight.
7.3. Missed Connections. GOL shall not be liable for missed connections caused by flights operated by other airlines, except for Codeshare flights. Likewise, GOL shall not be liable for missed connections caused by reservations made by third parties that do not allow for enough time between flights to make the connection.
7.4. Connections Scheduled by Passengers. It is hereby established that connections scheduled by Passengers on flights that are not offered by GOL are the responsibility of the Passenger. The Passenger must claim his/her baggage and check in for the subsequent flight(s) at the scheduled time(s). GOL shall not be liable if the Passenger fails to make the subsequent check-in(s) at the scheduled time.
8. INTERLINE AGREEMENTS
8.1. Interline agreements allow GOL to sell segments operated by other carriers whose flights are identified by the codes of the operating carrier. When GOL sells an Interline ticket, which includes flights operated by partner airlines, it will be acting as a ticket agent and shall not be liable for the acts or omissions of the marketing or operating carrier. GOL shall be solely liable for the flights it operates and markets.
8.2. Acceptance of Interline Tickets Issued by Other Airlines. Tickets issued by other airlines shall be accepted, provided that the airlines have an Interline agreement with GOL and are in compliance with their contractual obligations. Any and all refunds or reimbursements of such tickets shall be made by the airline that issued the ticket.
9.1. Codesharing is a practice that allows an airline to sell seats on flights operated by a partner airline as if they were its own. Thus, a flight can be sold with the “G3” designator code, but may be operated by a GOL partner airline. At the time of inquiry or purchase, the Passenger shall be duly informed whether the segment offered by GOL is operated by a partner airline under a codeshare agreement.
9.2. Applicability of Codeshare Services. One or more flight segment on the Passenger’s itinerary may be operated by carriers other than GOL. However, if the Passenger purchases a GOL ticket, this Contract will be applicable regardless of the operating carrier. GOL accepts responsibility for the entirety of the codeshare segments according to the terms of this Contract, provided the flight designator code is “G3.”
9.3. Rules Applicable to Codeshare Flights. Notwithstanding any other provisions of this Contract, the following rules will apply to flights operated by GOL Codeshare partners:
9.3.1. Baggage. For itineraries in which at least one segment is operated by a GOL Codeshare partner, each Passenger shall be entitled to the baggage allowance of the carrier that issued the ticket and shall be charged for excess baggage, when applicable, by the carrier operating the flight. If necessary due to operational or security reasons, the operating carrier may require carry-on baggage to be checked at the boarding gate. An excess baggage fee will not be charged in this case.
9.3.2. Unaccompanied Minors. Unaccompanied minors under 12 years of age will not be accepted on Codeshare flights.
9.3.3. Transporting Animals It is hereby established that no animals, other than service animals like guide dogs, will be permitted on Codeshare flights.
9.3.4. Transportation of Sports Equipment. Sports equipment may not be transported on Codeshare flights.
9.4. Additional Services Provided by GOL Partner Airlines. GOL Codeshare partners may, at their own discretion, accept: (i) more checked baggage items; (ii) larger or heavier items; (iii) specialty baggage items; (iv) additional carryon items (v) unaccompanied minors; (vi) animals in the cabin or baggage compartment; and (vii) later check-in times. GOL Codeshare partners may charge a fee for any additional discretionary services it provides. Any additional services provided at the discretion of GOL Codeshare partners are outside of GOL’s control, are subject to change at any time, and are not covered by this Contract. The Passenger may obtain additional information about these services from the operating carrier.
10. ADDITIONAL FEES
10.1. Ground Transportation. Any and all ground transportation to and from the airport that is provided by GOL or third parties contracted by GOL may be charged for by GOL, at its discretion, and are not included in the price of the air transportation service.
10.2. Special Seats. GOL may sell special seats with more space and comfort to the Passenger during the reservation process, at its discretion. Such seats will be subject to the applicable fares.
10.3. Buy on Board. GOL m
ay, on any of its flights, offer onboard shopping services at costs not included in the fare price, to be paid by the Passenger when using the service, at the Passenger’s discretion.
10.4. Insurance. GOL is authorized to offer, in addition to the fare price, transportation insurance or any other insurance that may be relevant to the needs of the Passenger. GOL reserves the right to charge for the optional services it offers.
10.5. Fare for unaccompanied minors under the age of twelve. GOL reserves the right to charge a fee for providing the extra services of escorting an unaccompanied minor under the age of 12 (twelve) from the boarding area to the aircraft and from the aircraft to the arrival area, when such services are requested by the person responsible for the child.
10.6. Other Services. If the accommodation of the Passenger requires extra seats, GOL may charge an additional fee equivalent to the number of additional seats occupied by the Passenger.
11. GOL’S RESPONSIBILITIES
11.1. Responsibility. GOL shall only be held responsible according to the terms of this Contract and to the extent permitted under applicable law.
11.1.1. Except as otherwise provided by the Warsaw and Montreal Conventions where international travel is involved, GOL shall not be liable for damage caused to Passengers due to:
a) death or injury resulting solely from the state of health of the passenger;
b) an accident for which the Passenger is exclusively at fault;
c) an Act of God or force majeure event.
11.1.2. GOL shall not be liable for damages caused by an Act of God or force majeure event or a determination by the air force authorities.
12. Passenger’s Under Police Custody.
12.1 Whenever a passenger must be transported under police custody, arrangements must be made with the Federal Police office at the airport, airport management and GOL at least 48 (forty-eight) hours prior to departure in order to establish special security measures and ensure that the boarding and deplaning of the Passenger is carried out discretely.
12.2 – Only a maximum of 2 (two) people under police custody may be transported on the same aircraft, with a minimum of 2 (two) officers escorting each person in custody.
12.3 – The person in custody, under normal conditions, may not be handcuffed to any part of aircraft, including, but not limited to, seats and/or tables.
12.4 – The Passenger under custody and their escorts shall not be served alcoholic beverages, nor will they be served meals with utensils that are metal and/or perforating.
12.5 Officers escorting passengers under custody may bring aboard equipment for restraining the passenger, if needed.
12.6 The escorting officers may not bring aboard nightsticks, tear gas or any other incapacitating gas. Any firearms brought aboard must comply with the provisions detailed in item 1.4 of this Contract.
12.7 – The person or institution in charge of escorting the passenger must provide assurances to GOL that the person under custody does not bear any prohibited items, as per ANAC’s Resolution No. 207 or any law that comes to replace it.
12.8 – The risk posed by the person in custody must be assessed by the relevant law-enforcement authority prior to the individual being transported on a commercial flight, given that GOL may prevent the person in custody from boarding the aircraft if it deems the person represents a risk to the flight and/or other passengers.
13. GENERAL REGULATIONS
13.1. Specifications of the ANAC Tag. It is hereby established that the information on the ANAC Tag may be changed for operational reasons at any time prior to boarding.
13.2. Seat Specifications. It is also hereby established that seats reserved by Passengers may be changed by GOL for operational reasons at any time prior to boarding, at GOL’s discretion.
13.3. Transportation Contract. A copy of this Contract is available at GOL’s service counters, travel stores and website and will be provided upon request.
13.4. When it is known to GOL that a passenger is traveling to a foreign destination, information about the Passenger may be submitted to a national or international customs agency and/or a national or international security body, by force of a legal obligation or contract signed between the Brazilian Government and a legal representative of the Passenger's country of destination. GOL shall not be liable for any damages resulting from the submission of such information to, or use of the information by, such authorities.
14. APPLICABLE LEGISLATION AND FORUM
14.1. This Contract shall be interpreted and governed according to Brazilian legislation and, where international travel is involved, in accordance with the Warsaw and Montreal Conventions. Any dispute arising out of or in connection with this Contract shall be settled via the forum of the district of São Paulo, except as otherwise provided by the Warsaw and Montreal Conventions where international travel is involved.
15.1. This Contract shall take effect on February 15, 2015. All previous provisions are hereby annulled in totum.
This Contract has been registered with the 6th Notary Office of Deeds and Documents of the city of São Paulo, São Paulo state, under registration No. 1766491.