Within these General Conditions of Carriage, the following terms are used with the meanings given below (both in the singular and plural forms):
Airline Designator Code: means the code issued by the International Air Transport Association (IATA) comprising two letters or one letter and one number which identifies a specific airline company.
Airline Regulations: means specific regulations established by the Airline in relation to, among other things, unaccompanied children, reduced mobility passengers, pregnant women, sick passengers, transport of animals, restrictions on the use of electronic devices on board the aircraft, ban on smoking, alcohol consumption on board, articles forbidden in baggage and limitations on dimensions, size and weight of baggage.
Airline: means Elite Airline or any other airline whose Designator Code appears on the Ticket or on a Conjunction Ticket.
Authorized Agent: means an agent that is authorized by the Airline to represent the Airline in the sale of air carriage Tickets to Passengers for its air transport services.
Baggage: means the personal items that accompany Passengers during their Flight. Except as otherwise provided for, this term includes both Checked Baggage and Unchecked Baggage.
Baggage Check: means the portion of the Passenger Ticket relating to the carriage of Checked Baggage.
Baggage Identification Form: means a form issued to the Passenger for the purpose of identifying each Checked Baggage.
Checked Baggage: means Baggage of which the Airline has agreed to take custody of and for which a Baggage Identification Form and/or a Baggage Check has been issued. Such Checked Baggage is transported in the baggage hold of the aircraft.
Check-in Deadline: means the time limit designated by the Airline by which Passengers must have carried out their check-in for the Flight and be in possession of their boarding card or electronic equivalent.
Code Share: means a flight operated by an airline (i.e., the operating carrier) with which the Contracting Airline (i.e., the marketing carrier) has associated its Designator Code.
Conjunction Ticket: means a Ticket issued to the Passenger in conjunction with another Ticket, which together constitute a single contract of carriage.
Connecting Flight: means a Flight taken subsequent to the Flight made from the point of origin for the continuation of the journey on the same Ticket or on a Conjunction Ticket.
Consumer: means an individual who has purchased a Ticket to travel on the Airline.
Convention: means, as applicable, one of the following conventions as well as any other convention modifying or replacing the below-mentioned:
Coupon: means a paper Flight Coupon and/or an Electronic Flight Coupon, each of which bears the name of the Passenger who is to take the Flight identified on the Coupon and grants the Passenger the right to travel on a specific Flight indicated on the Coupon.
Damage: includes death, bodily injury, physical harm, total or partial material or financial loss, theft or any other Damage or delay in relation to baggage, arising due to air carriage, or that is in direct connection herewith or with other services carried out by the Airline or subcontractors in relation to air transport or to any delay suffered by the Passenger.
Days: means the days of the week as may be specified.
Electronic Flight Coupon: means an electronic Flight Coupon for an E-Ticket stored by the issuing Airline in its computerized reservation system.
E-Ticket: means the Travel Memo and Receipt, Electronic Flight Coupon or any other boarding document that is electronically delivered to the Passenger.
Fares: means the pricing practices published by the Airline and filed, where applicable, with the competent authorities.
Flight Coupon: means the portion of the Ticket identified in print as being “valid for carriage.” For E-Tickets, this portion is called the Electronic Flight Coupon.
Flight: means a flight operated by the Airline or a flight operated by another airline on which the Airline’s Designator Code is associated.
Force Majeure: means circumstances that are unpredictable, external or difficult to surmount which would prevent the execution of all or part of the obligations provided for in the contract of carriage. The following, among other things, would be considered as cases of Force Majeure: war, civil war, riots, acts of terrorism, terrorist attacks, natural catastrophes, explosions, fire, strikes and social conflict involving the Airline’s staff or third parties, bad weather, shortages or sharp rises in the price of jet fuel.
General Conditions of Carriage: means these General Conditions of Carriage of Passengers, or where applicable, those of the Airline performing the carriage.
Itinerary and Receipt: means one or more documents delivered in paper format, by fax or by electronic mail, or delivered electronically to Passengers traveling with E-Tickets or other electronic documents. Such documents bear the Passenger’s name, and include information on the Flight and a receipt.
Passenger Coupon: means the portion of the Ticket which is identified as such and must be retained by the Passenger.
Passenger in Transit: means a Passenger arriving at an airport in order to continue the Passenger’s journey to another country, be it:
Passenger: means any individual who is in possession of a Ticket, except members of the crew, who is carried or to be carried by the Airline; or in the case of reimbursement of a Ticket, the person having paid for it.
Person Entitled to Compensation: means the Passenger or any person who can claim compensation on behalf of the said Passenger, in accordance with applicable law.
Reservation: means any request for carriage made by a Passenger recorded by the Airline or its Authorized Agent.
Special Drawing Rights (SDR): means the special drawing rights as defined by the International Monetary Fund.
Stopovers: means the intermediate points, with the exception of the points of departure and arrival, shown on the Ticket or mentioned in the schedules as stopovers planned on the Passenger´s itinerary.
Ticket: means a valid document that establishes the right for the Passenger to carriage by the Airline. This document is issued to the Passenger by the Airline or its Authorized Agent in the form of an E-Ticket or a paper Ticket.
Travel Voucher: means a Ticket other than an E-Ticket.
Unchecked Baggage (or Carry-on Baggage): means all Baggage other than Checked Baggage. This Baggage is carried onto the aircraft by the Passenger.
Validity Period: means the period during which the Ticket is valid for the purpose of carriage.
2.1 General Provisions
The General Conditions of Carriage, unless otherwise stated, apply to any Flights, or portion of Flights for which Elite Airline's Designator Code appears on the Ticket or the Coupon, as well as any other situation in which Elite Airline is legally responsible for the Passenger in compliance with the contract of carriage established between the Airline and the Passenger. However, the General Conditions of Carriage are applicable to the extent that they are not contrary to the law in force or to Fares, in which case the said law or Fares would prevail. Where there are differences between the General Conditions of Carriage and the Airline’s Regulations, the General Conditions of Carriage will prevail. Where one or several provisions in the General Conditions of Carriage are invalidated, the other provisions in the General Conditions of Carriage will remain in force and shall be applicable.
2.2 Code Share
Certain air services marketed by Elite Airline may be operated by another airline pursuant to a Code Share agreement between Elite Airline and the other airline.
In such cases, the Elite Airline General Conditions of Carriage shall apply and the Passenger shall be informed of the operating Airline’s identity at the time of reservation. Another Airline’s conditions of carriage may apply to Code Share Passengers traveling on Elite Airline operated Flights but whose tickets were issued under another Airline’s Designator Code.
3.1 Tickets
Tickets are nominative. Only those Passengers whose name is on the Ticket may be carried. The identity of the Ticket holder can be checked at any time. Unless otherwise stated, the user of the Ticket, identified as such on the Ticket, is not authorized to transfer or sell the ticket. Tickets which are sold by the Airline or the Authorized Agent may, where applicable, be partially or totally non-refundable. It is the Passenger´s responsibility to choose the Fares that correspond best to the Passenger’s needs and to take out the appropriate insurance to cover the circumstances under which the Passenger might have to cancel the journey, with the exclusion of responsibility of the Airline. The Ticket is and remains at all times, the property of the Airline. The user of the Ticket must ensure, prior to traveling, that the Ticket is neither lost nor stolen.