PASSENGER AIR TRANSPORTATION AGREEMENT SKY AIRLINE´S APPLICABLE TERMS TO DOMESTIC & INTERNATIONAL AIR TRANSPORTATION OF PASSENGERS AND LUGGAGE.. I. DEFINITIONS a) Carrier: For the purposes of this contract, the word carrier shall mean “Sky Airline S.A”. If the carrier issues a ticket for another air carrier´s route, it only acts as a commercial agent. No liability or joint responsibility is accepted by the carrier when issuing such tickets. b) Air Ticket or passage ticket (when applicable): Refers to the electronic or manual document issued by the carrier. The air ticket is personal and untransferable. It proves that the terms of this contract have been agreed and accepted by both the carrier and the passenger. The carrier´s name may appear abridged on the ticket. This abridgement shall be mentioned as long as both the carrier´s full name and the abridgement are indicated in the rate schedule and in the manuals containing the carriers transport regulations and flight schedules : c) Stopovers: Are journey breaks mention in both regular flight schedule and route itinerary. The carrier may incur in unscheduled stop overs due to irresistible force, acts of nature and flight safety issues. d) Luggage (shall refer to suitcases or bags used by the passenger to carry his o her personal belongings) shall refer to personal belongings property of the passenger such as: clothing necessary or appropriate for his/her dress, use, comfort and convenience in relation to the trip and put in a containing device (suitcase or travel bag) adequate for air transportation. e) Paid or/ registered lugagge: Means lugagge which custody has been undertaken by carrier. A unique voucher produced by the carrier will be only proof that the registered luggage has been received by carrier. f) Non-invoiced lugagge: Refers to any lugagge under passenger exclusive custody. g) Domestic/International Air Transportation: The passenger Air Transportation Contract is domestic when the flight starts and ends within Chilean territory. It is international when it starts or ends outside Chilean territory. h) Rate regulation: are the binding terms and restrictions associated to the air ticket purchased.
II. GENERAL CONDITIONSDomestic air transportation of passengers 1. The carrier may refuse to transport the passenger if the ticket rate has not been paid or if the passage ticket has been obtained violating the law. Likewise, the carrier may refuse to embark a passenger, or provide that he/she be disembarked, if the carrier decides that the presence of passenger on the aircraft might affect the hygiene, impair on board, or flight safety. 2. The carrier may suspend, delay and/or cancel the scheduled flight, and modify its terms, due to either irresistible force or flight safety. Such as acts of nature, civil disturbance, threats against the aircraft, and technical requirements. 3. Carrier exemption and liability limitations will also be extended to the carrier´s agents, employees and representatives. These benefits will be applied to any person who owns an aircraft used by the carrier for transportation, including the person´s agents, employees or representatives. 4. The obligation of the carrier will be rendered fulfilled simply by transporting the passenger and his/her luggage within the schedule according to the case special circumstances. The times shown on the flight schedules or any other publication are meant only as reference. Fight schedule punctuality cannot be guaranteed. The carrier may, in any case and without prior notice, be substituted by other carriers. It may change flight material as well. The schedules are subject to change without prior notice. 5. Any passenger not showing or arriving late to embark may loose his flight ticket. In this case these tickets may be revalidated by taking other flight or flying in another date. This must be done according to the associated terms of the paid fare. These terms are called “rate regulations” and were accepted by user when he or she purchased the flight ticket. 6. This contract shall be binding and will prevail, over any other agreementor covenant, verbal or written, reached by passenger and any of the carrier´s agents, employees or representative. 7. Coupons contained in a travel ticket issued manually may only be separated by the carrier; therefore, a travel ticket from which coupons have been extracted in a nonsequential order will not be valid. 8. Additionally, in matters such as changes of dates and name, reissuance and return, known as "rate regulations", the ticket will be subject to the particular terms associated with the paid rate that were accepted by the purchaser when he/she bought the ticket. In any case, the tickets will be issued nominatively, for a given date and for a corresponding rate. Therefore, any change which the ticket holder might request, shall adjust to the regulations of the paid rate. Any agreement at the request of the passenger implying a revalidation of the original travel ticket or the reissue of a new travel ticket shall be at the passenger's expense. 9. If booking capacity is excedeed for a determined flight, and this situation affects passenger embarkment, he/she will be entitled to make use of the rights stablished in the D.S. 113 of 2000 issued by the Ministry of Transportation and Telecommunications, as long as the passenger shows in due time for corresponding flight. 10. Unless otherwise stated, the ticket for domestic flights will be valid for six (6) months since the date of flight indicated in that ticket. After that date the flight ticket will be void. Therefore the ticket will be rendered useless to board a flight, request changes of any kind or refunds. However, later revalidation or reissuance, total or partial, of the original ticket will re state the validity of the original ticket. Domestic air transportation of lugagge 1. The carrier shall prevent the transportation of any kind of lugagge, including passengerheld hand bags, when containing hazardous items, such as those determined by the aeronautic authority. Luggage will be considered hazardous when it poses a threat to health, flight security, flight materials or third party property, such as: a) Gases: Compressed and/or liquid, in solution or intensely refrigerated, including toxic or harmless flammable air sprays, such as butane, oxygen, liquid nitrogen, paralyzing or pepper gas, liquid-gas lighter refills, etc. These restrictions include any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. b) Corrosives: Whether solid or liquid (acids, alkali, mercury, liquid electrolytic batteries), etc. and, in general, This restrictions includes any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. c) Explosives: Whether ammunition (including that used for sports activities), fireworks, flares, bags with alarm devices, fuses of any kind, any material containing gunpowder, TNT, nitroglycerin and its byproducts. This restriction includes any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. This restriction is extended to inert material which when in contact with other materias aquires explosive materials. d) Flammable liquids: Fuels and their byproducts, paint, solvents. These restrictions include any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. e) Radiactive materials of any kind and their byproducts. These restriction include any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. f) Oxidizing materials and organic peroxydizers such as: Bleaches, fertilizers, etc. These restrictions include any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. g) Illegal, toxic or infectious psychotropic substances: Such as illicit drugs, pesticides, insecticides, biological and/or natural or artificial chemicals and, in general. These restrictions include any recipient containing substances, regarded by the carirer or authority, as a threat to flight safety or for third party property. h) Natural products which transportation within or beyond the country is forbidden by health authorities without prior approval or authorization. i) Other flammable products or products which may be use to cause arson, such as matches. Products allowed to keep combustion, like oils and burning alcohols are forbidden. j) Weapons: Any element or object that has been built, modified or that may be likewise used, for harming people or damage things, such as firearms, penknives, cold steel, gases or liquids, electric stun guns, pricking, cutting elements such as bludgeons, axes, walking sticks or clubs, arrows, stakes, chains or locks or any usable thereto. 2. Sky Airline S.A. personnel and/or airport security or health personnel may retain, any items or substances defined as forbidden found in the passenger´s clothing or hand luggage. These items will be handed to the proper authorities before they are carried on board. The carrier may refuse to transport a passenger carrying such objects and may start legal actions in case that he/she refuses to hand such items. 3. Medical or cosmetic products that may fit in any of the aforementioned classes may be included in the lugagge previous authorization given by the Carrier´s personnel, according to aeronautical authorites policies. 4. Maximum luggage weight must not exceed 20 Kg in domestic flight; however this maximum weight may vary according flight rates and routes. Passengers will be charge for overweight luggage at their own expenses will charge according to regulations applicable to the paid rate. This will also apply to live animal transportation. 5. Each passenger may bring only one bag inside the cabin. Non invoiced hand luggage must fit into the cabin´s overhead compartment or under the passenger seat. The weight and size of non-invoiced hand baggage carried into the cabin must not exceed 5 kilograms or and be larger than 105 cubic centimeters (43 cm long, 41 cm high and 21 cm wide). 6. On domestic flights, the liability of the carrier for any luggage loss, luggage delivery delay or luggage damage will be limited to a maximum of 40 Unidades de Fomento, unless the passenger declares beforehand that it has higher value. In such case, Sky Airline S.A. may condition the transportation acquisition of an insurance policy or meeting other conditions, according to the situation. 7. The carrier's liability for the transported luggage will end if the passenger does not file a complaint with the carrier as soon as he/she notices the irregularity, or within seven (7) days after the flight. The delivery of luggage without immediate complaint or its ratification implies an assumption that the transported goods were delivered in good condition. 8. The passenger must not carry in his/her invoiced baggage any valuable items, liquids or perishable goods. Sky Airline S.A. is not liable for any loss or damage of these items. The passenger may carry in the airplane cabin, free of charge and under his/her custody up to 5 kilograms valuable objects of his/her property. 9. The carrier is not responsible for minor damage to the passengers luggage due to those object´s quality, age, use, wear and flaws, as long as that damage is not resut of the carrier´s mishandling. International air transportation of passengers 1. Unless contrary to its nature and purpose, the contract for international air transportation of passengers and luggage will be ruled by the same norms as the contract for domestic air transportation of passengers and baggage. Amendments established in the Warsaw Treaties, including the "1999 Montreal Convention", will also apply, particularly the issues regarding limitation of the carrier´s liabilty in case of death, personal injury and luggage loss or damage. 2. In case of excessive booking for flights confirmed with Sky Airline S.A. outside Chile, international legislation, rates and agreements will be applicable. If no regulation exists, the Chilean Ministry of Transportation and Telecommunications D.S. 113 of 2000 norms will apply. 3. Passengers shall comply with the requirements for leaving the country of origin or for returning from the place of destination, as pertinent and as required by the Authority, showing the exit, entry and other documents demanded. The cost Non-compliance with these obligations shall be at the cost of the passenger, alone. Any passenger who does not have the valid documents demanded by the Authority risks the loss of the travel ticket coupon for the trip covered by the ticket. In such case, he/she may only revalidate it for another flight and/or time according to the terms applied to paid rate, according to "rate regulations", which were accepted by the passenger when he/she purchased the flight ticket. 4. The passenger must attend the embarkation desk at the time indicated by the carrier. If no time has been indicated by the carrier, the passenger must arrive at embarkation at least 2 hours beforehand. 5. Unless the flight ticket expressly indicates otherwise, for international flights, the ticket will be valid for 1 year. Since the date of departure indicated in the ticket. After that date the ticket will be void. Therefore the ticket will be rendered useless to board flights, request changes of any kind, or refunds. However, later revalidation or reissuance, total or partial, of the original ticket will re state the validity of the original ticket. International air transportation of luggage 1. The invoiced baggage will be handed to the bearer of the voucher indentifying the baggage in a unique way. In case of damage to the luggage on international transportation, the complaint must be submitted in writing immediately after the irregularity is discovered or, within seven (7) days after the date when the baggage was delivered; in case of delay, the complaint must be made within 21 days after the date of delivery of the luggage. For the purposes of the previous paragraph, "Delay" means any hindrance in the delivery of the baggage caused by direct responsibility of the carrier. 2. The liability of the carrier for loss, delay or damage to the luggage is limited, unless its value is declared beforehand and the additional costs are paid. For most international flights the liability limit is US$25.00 per kilo of invoiced baggage, up to a limit of US$1,500.00.- 3. The maximum weight of the baggage allowed per passenger on international flights may not exceed 23 kilograms, but may vary depending on the rate and the route. Any additional luggage fare shall be at the expense of the passenger and it will be collected in addition to the flight rate according to the regulations applied to that flight rate. This will be also applied to live animal transportation. In case of discrepancy between the Spanish and the English text of the Air Transportation Agreement, the Spanish text will prevail.