Passenger Agreement

PASSENGER AGREEMENT GENERAL CONDITIONS

For information and reference‚ this contract is governed by the Civil Aviation Law‚ the Regulations of the Civil Aviation Law‚ the Commercial Code‚ the Federal Civil Code and in international operations‚ by the Warsaw‚ Montreal and other conventions in those that the Mexican State is a contracting party.

1. DEFINITIONS

For the purposes of these conditions‚ the following shall be understood for each of the terms indicated below:

Adult.- natural person with 18 years of age or older.

Airline.- Legal entity concessioned by the Mexican Federal Government to provide the public service for the transportation of passengers‚ cargo and mail‚ legally established in national territory under the name Cabo Flight Center SA de CV

Confirmation Code.- Alphanumeric code assigned by the Airline to prove the contractual relationship between it and the Passenger and to identify your reservation.

Montreal Convention.- refers to the Convention for the unification of certain rules relating to international air transport‚ signed in Montreal on May 28‚ 1999.

Warsaw Convention.- refers to the Convention for the unification of certain rules relating to transport international air‚ signed in Warsaw on October 12‚ 1929‚ and the amendment to said agreement agreed in the Hague on September 28‚ 1955‚ as appropriate.

Delay in place.- delay in the flight departure that cannot be foreseeable due to being presented minutes before departure according to the itinerary‚ derived from causes attributable to the Airline.

Scheduled delay.- delay in the flight departure‚ foreseeable and communicated to the passenger twenty-four hours before the scheduled time according to the itinerary‚ derived from causes attributable to the Airline.

Hand Baggage.- set of personal property in the passenger's possession and which is carried in the cabin.

Checked Baggage.- set of movable goods which‚ given their dimensions or characteristics‚ the passenger must make available to the Airline in order for it to transport it in the compartment of the aircraft specially designated for this purpose‚ under the established limits of liability in the Law‚ on national or international routes‚ in accordance with the provisions of the international Agreements of which the Mexican State is a part.

Infant.- natural person between 7 days old and 1 year 364 days old

Law.- Civil Aviation Law‚ published in the Official Gazette of the Federation on May 12‚ 1995 (updated in the Official Gazette of the Federation on 26 June 2017).

General Communication Ways Law.- refers to the General Communication Ways Law‚ published in the Official Gazette of the Federation on February 19‚ 1940 (updated in the Official Gazette of the Federation on September 9‚ 2003).

Minor.- natural person between 2 years and 17 years 364 days of age.

Passenger.- natural person with legal capacity to contract by himself or through a representative (parent or guardian)‚ in favor of whom an Boarding Pass is issued.

Boarding Pass.- document or electronic record issued by the Airline‚ which accredits the passenger as a legitimate user of the service contracted with it‚ essential for the Passenger to have the right to board the aircraft in which it will be transported.

Regulations.- refers to the Regulations of the Civil Aviation Law‚ published in the Official Gazette of the Federation on December 7‚ 1998.

Fee.- Amount in money that the Passenger must pay to the Airline as consideration to be transported from a point of origin to another of destination.

Baggage stub.- document that accredits the Passenger as owner of the Baggage delivered to the Airline for transportation.

Carrier.- refers to all airlines that transport or transport passengers‚ their belongings and baggage in accordance with this Contract‚ or that provide any other service incidental to air transportation‚ be it land‚ sea or type transportation required for this purpose .

International Flights.- Flights originating within the territory of the United Mexican States with destination to another point located abroad and / or vice versa.

National Flights.- flights with origin and destination within the territory of the United Mexican States.

2. GENERAL RULES OF AIR TRANSPORT

2.1 The issuance of the Passage Ticket attests to the celebration and acceptance of the air transport conditions and the transport contract signed between the passenger and the Carrier whose names appear on the Ticket. The Ticket issued in the passenger's name is nominative‚ personal and non-transferable and its issuance may be carried out in whole or in part through physical or electronic means.

2.2 The agreed stopovers are those mentioned in the Passenger Ticket or those that appear in the Carrier's itineraries as scheduled stopovers on the passenger's route. The transportation to be carried out under this contract by several carriers‚ successively‚ is considered as a single operation.

2.3 If the Carrier issues a Ticket for transportation in sections operated by another air carrier‚ the Carrier will be acting only as the agent of the latter.

2.4 Any exemption or limitation of liability of the Carrier under the current local or international regulations‚ will be applied and will benefit the agents‚ employees and representatives of the Carrier and any other person or company whose aircraft uses the Carrier to carry out the transport and the agents‚ employees or representatives of said person or company.

2.5 The Carrier reserves the unrestricted power to deny transportation in any part of the itinerary contracted by the passenger‚ if the contracted fare has not been paid in whole or in part‚ or if the means of payment used has been rejected‚ revoked or void or if the Ticket has been obtained in violation of the law.

2.6 Likewise‚ the Carrier will deny the boarding of a passenger‚ or arrange to disembark it‚ if it considers that the passenger could affect the safety of the flight or of the passengers. In particular‚ boarding will be denied to any passenger who presents any attitude or behavior that on the ground and / or on board the aircraft constitutes (i) an act contrary to the instructions given by the crew of the aircraft or any of the employees of the Transporter ; and / or (ii) conduct contrary to the reasonable behavior that a person or passenger must maintain; and / or (iii) an infraction or crime that in the opinion of the Carrier may endanger or risk the safety of the aircraft or the persons or property on it‚ or that endangers or compromises good order and discipline on board ; and / or (iv) in general‚ any attitude or behavior that‚ in the opinion of the Transporter‚ constitutes a denial of compliance with the instructions given by the crew and / or attitudes that could endanger or subject the operation to risk or disturb it. order and / or discipline; and / or (v) a sample or signs of having ingested alcoholic beverages in excess and / or some psychotropic substance; and / or (vi) the breach of any law or regulation that applies or that does not comply with any request made by the respective government authority.

2.7 In case of need (including‚ but not limited to‚ fortuitous event or force majeure)‚ the Carrier may cancel the operation‚ have it replaced by other carriers and / or change the aircraft destined for the operation and / or alter or omit stops indicated on the Ticket if necessary. The Carrier does not assume the responsibility of guaranteeing the connections contracted by a passenger with a third party.

2.8 Any passenger who fails to show up for their flight or arrives late for boarding and/or check-in‚ or who otherwise affects flight safety‚ in accordance with section 2.6 above‚ will lose their Ticket. Any change to the date‚ origin‚ destination‚ or itinerary of the Ticket‚ as well as the refund of the amount paid‚ is subject to the conditions and restrictions of the fare purchased by the passenger and must be made at least 24 hours prior to flight departure. Should the passenger wish to request a refund from the Carrier for airport taxes that are refundable in accordance with the regulations or limitations of the respective country‚ they must do so at least 24 hours prior to the scheduled flight departure. Should such taxes not be included in the amount paid (i.e.‚ were collected directly by the airport)‚ the passenger must request a refund directly from the respective airport authority‚ subject to the limitations or regulations indicated above.

2.9 Smoking is strictly prohibited inside the cabin of the Transporter aircraft. The Carrier reserves the right to deny transportation to any passenger who is not willing to accept this condition.

2.10 The Ticket is valid for one year from the date of issue or valid until the date specifically indicated for the fare acquired by the passenger. After said period‚ or any other lower term indicated in the conditions of the rate‚ the Ticket may not be used.

2.11 It is the sole responsibility of the passenger to be informed‚ obtain and comply with the requirements for travel imposed by any authority of the place of origin and destination and must present the identification‚ exit‚ transit‚ entry‚ visas and other documents required depending on the place. of destination‚ without the Carrier having any responsibility for delays or refusal of boarding suffered by the passenger associated or derived from the breach by the latter of the previous obligation. The Transporter will deny boarding to those passengers who do not present the necessary documentation or whose identity does not correspond to that indicated in the boarding pass or Boarding Pass‚ without further responsibility to the Transporter.

2.12 The passenger must appear at the boarding exit or counter or Check-in area‚ at the time that the Transporter indicates‚ and if none has been set‚ with sufficient anticipation to comply with the exit procedures‚ which will not It may be less than 02 hours before the date set for the flight departure.

2.13 In the event that there are more passengers with a confirmed reservation on a flight than available spaces as long as they have completed the Check-in procedures with the minimum time required‚ the Carrier will ask for volunteers to transfer their confirmed space in exchange for compensation agreed. If sufficient volunteers are not found and passengers have to be denied boarding against their will‚ these passengers will be entitled to the benefits established by the applicable legislation.

2.14 The Carrier undertakes to make every effort to transport the passenger and their luggage with reasonable punctuality. The hours indicated in the Ticket or in any other publication are not guaranteed in terms of compliance as they may vary due to reasons of force majeure‚ security or other extraordinary circumstances. The Carrier will take all reasonable and possible measures to avoid delays in the transport of its passengers and baggage. The Transporter does not assume the responsibility of guaranteeing the connections‚ for facts that are not attributable to it.

2.15 It is the passenger's obligation to indicate if he requires special assistance (for example‚ a wheelchair‚ a stretcher‚ oxygen‚ transportation with an assistance animal or emotional support‚ among others)‚ in advance or at the time of purchase of the ticket. The carrier will not be responsible to the passenger if he did not request assistance in advance. Passengers must inform themselves in advance of the trip‚ about certain special transport requirements or conditions that must be met and coordinated before the acceptance of said passengers for boarding (for example‚ transportation of an unaccompanied minor‚ infant‚ etc.)‚ freeing the Carrier from any liability in case the latter denies boarding for not having complied with the rules and / or company policies in force on the matter.

3. RULES FOR THE TRANSPORTATION OF BAGGAGE

3.1 In compliance with international and local regulations‚ the Carrier will deny the transport as baggage (hand or checked) of those dangerous articles and substances that may constitute a significant risk to health‚ flight safety or property‚ such as:

·         Gases (compressed‚ liquefied‚ in solution or intensively refrigerated)‚ including aerosols‚ that are flammable‚ toxic or harmless such as‚ butane‚ oxygen‚ liquid nitrogen‚ aerosols containing paralyzing gases‚ filler tubes for liquefied gas lighters‚ etc.

·         Corrosive‚ solid or liquid‚ such as: acids‚ alkalis‚ mercury‚ batteries of liquid electrolyte‚ etc.

·         Explosives such as ammunition‚ fireworks and flares‚ briefcases with alarm devices‚ firearms for toy pistols‚ etc.

·         Flammable liquids such as fuels‚ paints‚ thinners‚ etc.

·         Radioactive materials‚ whatever their category.

·         Oxidizing materials and organic peroxides‚ such as: bleaches‚ fertilizers‚ etc.

·         Toxic and infectious substances such as: insecticides‚ pesticides‚ biological products that contain pathogens‚ etc.

·         Flammable solids such as matches (matches)

·         Weapons‚ being understood as any element or object that is made‚ or can be used‚ for attack or defense‚ such as: firearms‚ bladed weapons‚ gases‚ elements of electric shock‚ sharp‚ sharp‚ blunt‚ between which can include batons‚ axes and canes or sticks with a weight inside or in the form of a groyne.

3.2 In order to ensure the safety of the flight and comply with current regulations‚ the Transporter and airport security personnel may withdraw dangerous articles and substances transported by the Passenger or in his hand luggage‚ with the object of making them available to the respective authorities in accordance with the local regulations applicable in this regard.

3.3 There is a limited quantity of medical and toiletries that passengers are permitted to transport. Before including them in their luggage‚ the passenger must check with the Transporter personnel.

3.4 Some of the items mentioned above may be transported by air under certain special conditions‚ covered by a bill of lading and under an air cargo rate‚ for which the passenger must previously consult the Carrier.

3.5 Baggage means only the personal effects necessary to make the trip.

3.6 The passenger may not check in the luggage to be transported on any other flight than the one to be boarded.

3.7 The Carrier will not register the luggage to a destination other than the end that appears on the passenger Ticket.

3.8 The passenger must adjust to the weight‚ measurements and maximum baggage allowance indicated on www.senorair.com and in the Purchase Information document referred to in number 1.1. previous. The baggage allowance and the payments or surcharges to which the excess baggage will be affected should be consulted directly with the airline or at www.senorair.com.

3.9 The luggage allowed may vary according to conditions of the rate‚ cabin and route‚ and will be expressed in pieces or kilos. The Carrier reserves the right to alter said franchises and the dimensions of the luggage. The contracting conditions and rates will be registered with the corresponding local aeronautical authorities to the extent required.

3.10 As a precaution and security‚ the pieces of luggage that are allowed to be carried in the cabin must have the dimensions and weight that allow them to be placed in the upper compartments of the aircraft or under the seats‚ being the passenger's responsibility to locate their hand luggage in the compartments and in If you have any physical difficulty that prevents you from doing so‚ you must send it as checked baggage. The passenger must adjust to the weight‚ measurements and maximum allowable carry-on baggage indicated on www.senorair.com and in the Purchase Information document referred to in number 1.1. previous.

3.11 Checked baggage will be delivered to the bearer of the baggage stub. In case of damage to luggage during transport or delay in delivery‚ the claim must be submitted in writing immediately after the damage is discovered or at the time indicated by the applicable regulations‚ either for domestic or international flights. For the purposes of the preceding paragraph‚ "delay" shall be understood as any delay caused in the receipt of luggage and which has occurred due to the direct responsibility of the Carrier.

4. LIMITS OF LIABILITY

4.1 If a passenger's journey begins and ends within the same country‚ the transport service and the limits of liability will be regulated by the applicable legislation of that country. In the event that a passenger's trip is international‚ the Warsaw Convention or the Montreal Convention or any other applicable international regulations‚ as applicable‚ will apply. These conventions and regulations will regulate‚ when appropriate‚ the limits of liability of the Carrier for death or personal injury of the passenger and the loss‚ delay or cancellation of flight‚ delay or damage to luggage.

4.2 The Transporter declares that in all transport regulated by the Warsaw Convention‚ it will not invoke the limits of civil liability prescribed in its article 22 (1)‚ in claims for compensatory damages arising from death or personal injury. In this type of claims‚ the Transporter will not use the defenses of article 20 (1) of the Warsaw Convention‚ with respect to those claims that do not exceed 100‚000 SDR. Except as provided herein‚ the Transporter may use the other defenses provided for in the Warsaw Convention and the appeals against third parties that may be appropriate.

4.3 Regarding articles of high commercial value and electronic articles‚ the passenger must transport these objects as hand luggage‚ in order to always maintain custody of them‚ since the Carrier will not be responsible for them beyond the established limits. in the applicable international law or conventions if they are transported as checked baggage.

4.4 The Carrier's liability in case of death or bodily injury of the passenger and / or loss‚ delay or damage to luggage in the case of transportation within two points of the same country‚ is limited by the applicable laws and legislation of the corresponding country . Furthermore‚ the liability of the Carrier in the event of death or bodily injury of the passenger and / or for the loss‚ delay or damage to baggage on international flights‚ is limited by international conventions relating to international air transport‚ either by the Warsaw Convention. ‚ as by the Montreal Convention as applicable.

These conditions only apply and regulate the Carrier's routes. No agent‚ employee or representative of the Carrier has the authority to change or waive any provision of these conditions.