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LAN PERU air transport contract

1. Applicable Conditions to the International and Domestic (Peru) Air Transport Contract of Passengers

General conditions

For purposes of this contract, "ticket" means the "passenger ticket and baggage control" and is subject to these conditions and notices; "carrier" or "transporter" represents all carriers that transport or commit to transport passengers or their baggage as a result of this contract, or perform any other service related to such air transport; "electronic ticket" represents the passenger ticket, which is magnetically issued; in this case, the Boarding Pass shall replace the passenger ticket, upon its delivery.

The passenger ticket provides evidence of and implies acceptance of the conditions of the "LAN PERU Air Transport Contract" ("the Contract") entered into by and between the carrier and the passenger whose names appear on this ticket.

The carrier's name may be abbreviated on the ticket, provided the full name and the abbreviated name are included in the carrier's tariffs, manuals, transport conditions, regulations and/or itineraries. The airport of departure is the carrier's address, which is indicated on the ticket, next to the opposite side of the first abbreviation of the carrier's name. The stopovers agreed to are those mentioned on the passenger ticket, or in their absence, the stopovers are shown on the carrier's itineraries, as scheduled stopovers on the passenger route. In accordance with this contract, if transport is carried out by several carriers, in succession, the entire transport is regarded as a single operation.

The carrier, issuing a ticket for transport which in part is carried out by another air carrier, does so only as its agent.

Any exemption or limitation to the carrier's liability shall apply and shall benefit agents, employees and representatives of the carrier and any person whose aircraft is used by the carrier for transport and its agents, employees and representatives.

The carrier can refuse transport if the applicable tariff has not been paid or if the ticket has been acquired against the law. Likewise, the carrier shall deny boarding for passengers or order their disembarkation, if it is considered that the passenger in question may affect the safety of the flight or the other passengers.

The carrier is committed to make all possible efforts to transport the passenger and the baggage with reasonable punctuality. The hours indicated in the itineraries or in any other publications are not guaranteed to be complied with and do not form part of this contract. If necessary and without prior notice, the carrier may be replaced by other carriers or by another aircraft, and may also alter or omit stops shown on the ticket. Itineraries are subject to change without prior notice. The carrier assumes no responsibility in guaranteeing connections.

If passengers do not appear on time for their flight or arrive late for boarding, they shall forfeit their tickets or may revalidate them for another date depending on the tariff paid.

No agent, employee or representative of the carrier is authorized to alter, modify or revoke any provision of this contract.

The flights that make up a passenger’s itinerary must be flown in the given order. The carrier will not allow passengers who have not flown previous segments of the aforementioned itinerary to board. Passengers accept that if they do not use one of these segments, said itinerary will be completely canceled and no refund given unless their fare conditions allow it. For example, but not exclusively, if the passenger does not fly the itinerary’s first (outbound) segment, they will not be able to fly any following (stopover or return) segment.

In addition, the conditions which correspond to the tariff, shall be additionally applicable to the passenger ticket, concerning changes of date and name, reissuing, and return.

Hazardous articles in the baggage

1. The carrier shall refuse to transport carry on baggage or to check in any baggage which contains hazardous articles and/or substances that represent a major risk to health, security or property, such as:

2. For flight safety purposes and to comply with the provisions in force, the carrier and the security personnel of the airport may seize hazardous articles and substances transported by the passengers or found in their carry on baggage to have them destroyed.

3. Passengers are allowed to carry a limited quantity of medicines and personal care articles. Prior to including them in your baggage, please consult with the company personnel.

4. Many of the aforementioned articles may be transported by air under certain special conditions, under a bill of lading and based on a special air cargo tariff.

Baggage allowed

It will be understood by baggage only the personal effects needed to make the trip.

Routes

It applies to domestic flights in Chile, Ecuador, Peru and Argentina; flights between South American countries; flights between South America and the Caribbean; flights from/to Tahiti; flights from/to Europe (except for those flights that include segments between Lima and Europe or Guayaquil and Europe); and flights between Australia and New Zealand.

Class of Service Packages Maximum Weight Package Size
Premium Economy / Premium Business 3 23 kilograms each 158 centimeters
Economy 2 23 kilograms in total 158 centimeters
Package size corresponds to the sum of length + height + width of each package.


Routes

 It applies to flights from/to United States of America, Mexico, Canada, Australia, New Zealand (except for those between Auckland and Sydney); flights between Peru and Europe*; and between Ecuador and Europe*.
*(except for those flights that include segments between Santiago of Chile and Europe or vice versa)

Class of Service Packages Maximum Weight Package Size*
Premium Economy / Premium Business 3 23 kilograms 158 centimeters
Economy 2 23 kilograms 158 centimeters

Package size corresponds to the sum of length + height + width of each package.



Those packages that weight more than 45 kg and/or its size is bigger than 203 cm (length + height + width) should be shipped as cargo, paying the respective freight. For routes to Europe, Oceania and connections with Iberia, British Airways and Qantas, the maximum allowed weight is 32 kg.

The allowed baggage may be changed regarding fare conditions, cabin and route, and will be expressed in packages.  The carrier reserves the right to modify these franchises and the size of baggage. Contract conditions and fares are registered with the concerned aeronautical authorities. Ask for baggage franchise and payments that will affect the excess baggage directly with your airline or at www.lan.com

For any excess, the carrier may charge fees over such franchise.

Carry-on baggage

As a precaution and security, only one piece of baggage is allowed to be carried on cabin, with dimension and weight that enable them to be placed at the upper compartments of the aircraft or under the seats. This package may not exceed 8 kg in Economy class or 16 kg in Premium Bussines or Premium Economy class and its dimension may not exceed 115 cm (55 cm long + 35 cm high + 25 cm wide).

Overbooking notice


Sometimes a flight may be overbooked and there is a chance that a seat may not be available for a passenger with a confirmed reservation. In this case, after trying to solve this situation by asking volunteers to give up their seat reservation, the company may be forced to deny boarding to certain passengers, who shall be entitled to compensation if they have checked in with the required anticipation, to the departure of the flight. Overbooking are subject to the applicable legislation, tariffs and conventions of each country.

Smoking regulations

The company prohibits smoking on all its flights

II. International Air Transport Agreement

Notice

If the journey of a passenger ends or has a stopover in a country different from the country of origin, the System Warsaw - The Hague shall be applicable and shall regulate, when appropriate, the limitations of the liability of the carrier for death or personal injuries, and loss or damage of the baggage. See also the "Notice to International Passengers on limitations of liability" and "Notice of baggage liability limitations", which the carrier makes available to the passenger.

Particular conditions of the international transport contract

1. The transport performed hereunder is subject to the rules and limitations relating to liability established by the System Warsaw - The Hague, unless such transport is not "International Transport" as defined by that agreement.

2. Without detriment to the foregoing, the transport or any other service provided by the carrier is subject to (I) the provisions contained in the passenger ticket; (II) the conditions set forth by the applicable tariff; (III) the transport conditions set forth by the carrier and other associated regulations that form part of this contract (and that are available at the carrier's office); the above hold true unless the transport is carried out from any point within the United States of America or Canada to any point outside these countries, in which the applicable tariffs shall be the tariffs in force in such countries.

3. The baggage which is checked in shall be given to the individual who has the baggage claim ticket. In case the baggage has been damaged during international transport, the complaint must be made in writing to the carrier forthwith after discovery of the damage, and at the latest, within seven (7) days from receipt of the baggage; in case of delay, the complaint must be made within twenty one (21) days from the date the baggage was delivered. For purposes of the preceding paragraph, "Delay" shall be understood as any delay occurring in the reception of the baggage for which the carrier is directly responsible.

4. The ticket is valid for transport for one year from the issuing date, unless otherwise provided in the ticket, or in the carrier's tariff, the conditions of transport or related regulations. After the term in question, this ticket shall lose all value. The tariff for transport hereunder is subject to change prior to the commencement of the transport.

5. The passenger shall comply with all the travel requirements established by any authority and should present departure, entry and other required documents.

6. Passengers should arrive at the departure lounge by the time predetermined by the carrier or, if no time is predetermined, early enough to complete departure procedures, at least two (2) hours prior to the scheduled departure.

Notice to international passengers on limitations of liability

1. Unless otherwise set forth in any applicable treaty or law, the liability of LAN PERU in international flights may be regulated by the so called System Warsaw - The Hague.

2. LAN PERU states that in any transport regulated by the System Warsaw - The Hague, it shall not claim liability limitations prescribed in its Article 22(1), concerning complaints for compensatory damages resulting from death or personal injuries. In these type of complaints, LAN PERU shall not make use of the defenses contained in Article 20(1) of the System Warsaw - The Hague, with respect to complaints not exceeding 100,000 DEG. Unless provided hereunder, LAN PERU may make use of the other defenses included in the Convention and the applicable motions against third parties.

3. For flights operated by LAN PERU to and from the European Union, without delay and no later than within fifteen (15) days, after the identity of the person legally entitled to make the complaint is determined, LAN PERU shall make monetary advances to compensate and those required to take care of the needs of the person with right to indemnity, in proportion to the sustained damage. These monetary advances do not, in any way, acknowledge liability and may be setoff against the payment of future amounts. However, these advances are not reimbursable, unless the damage was fully or in part caused by the passenger or the person that receives them, or if the latter is not entitled to indemnity.

Notice of baggage liability limitations

The liability of the carrier for loss, delay or damage to the baggage is limited, unless a prior declaration of its value has been made and the additional charges are paid. In the majority of international flights, the liability limit is US$9.07 per lb. (US$20 per kg) of affected invoiced baggage. No additional value on certain articles may be declared by the carrier.

III. DOMESTIC AIR TRANSPORT CONTRACT

Notice

The flights made between places within the Republic of Peru are governed by the Domestic Passenger Air Transport Contract, the Civil Aviation Law of Peru and its Regulations, which shall regulate, when appropriate, the liability limitations of the carrier in cases of death or personal injuries and baggage loss or damage.

Particular conditions of the domestic transport contract

The Civil Aviation Law of Peru shall apply in addition to the transport contract and shall prevail over matters which can not be revoked by the parties.

Without detriment to the foregoing, the transport or any other service provided by the carrier is subject to (I) the provisions contained in the passenger ticket; (II) the conditions set forth by the applicable tariff; (III) the transport conditions set forth by the carrier and other associated regulations that form part of this contract (and that are available at the carrier's office).

Passengers should arrive at the departure lounge by the time predetermined by the carrier or, if no time is predetermined, early enough to complete departure procedures, at least two (2) hours prior to the scheduled departure.

This ticket is valid for one year following its date of issuance, unless indicated otherwise on the ticket itself or in the fare conditions. After a year has past, this ticket will lose all value. The fare for transportation by virtue of this contract is subject to change prior to the beginning of the transportation.

Notice of baggage liability limitations

The liability of the carrier for loss, delay or damage to the baggage is limited, unless a prior declaration of its value has been made and the additional charges paid. According to the Aviation Code, the liability of the carrier is limited to no more than 17 DEG per kilo of registered weight. No additional value may be declared on certain articles specified by the carrier.