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TRANSPORT CONTRACT CONDITIONS

WARNING ABOUT THE LIMIT OF LIABILITY:

The Montreal Convention or the Warsaw Convention may apply to your journey, and these Conventions govern and may limit the liability of air carriers in the event of death, personal injury, loss of or damage to baggage, and for delays.

If the Montreal Convention applies, the limits of liability are as follows:

  1. There are no financial limits in the event of death or personal injury;
  2. In the event of destruction, loss, damage or delay of baggage, the limit is, in most cases, 1,000 Special Drawing Rights (approximately 1,200 EUR; 1. 470 U.S. dollars) per passenger.
  3. For damage caused by travel delays, 4,150 Special Drawing Rights (approximately 5,000 euros; 6,000 US dollars) per passenger, in most cases.

EC Regulation 889/2002 establishes that European Community air carriers must apply the limits established by the Montreal Convention in relation to their carriage of passengers and their baggage. Many non-European Community air carriers also apply the Montreal Convention when transporting passengers and their baggage.

In cases where the Warsaw Convention applies, the following liability limits may apply:

  1. 16,600 Special Drawing Rights (approximately 20,000 euros; 20,000 US dollars) for death or personal injury, in cases where the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately 10,000 euros; 10,000 US dollars) if only the Warsaw Convention applies. Many air carriers have voluntarily waived these limits entirely, and the rules in the United States of America state that for journeys to, from or with an agreed stopping place in the US the limit cannot be less than 75,000 US dollars.
  2. 17 Special Drawing Rights (approximately 20 euros; 20 US dollars) per kilo for lost, damaged or delayed checked baggage, and 332 Special Drawing Rights (approximately 400 euros; 400 US dollars) for unchecked baggage.
  3. The carrier may be liable for damage caused by delay.

You can obtain more information from the carrier regarding the limits of liability applicable to your journey. If the passenger's journey involves transport by different carriers, you should contact each carrier for information on the applicable liability limits.

Passengers can benefit from a higher limit of liability for lost, damaged or delayed baggage, regardless of the Convention applicable to their journey, by making a special declaration at check-in of the value of their baggage and paying any applicable supplementary charges. Alternatively, if the value of the baggage exceeds the applicable liability limits, the entire baggage should be insured before travelling.

DEADLINE FOR LEGAL ACTION:

Any legal action in court regarding a claim for damages must be made within two years of the date of arrival of the aircraft, or from the date on which the aircraft should have arrived at its destination.

LUGGAGE CLAIM:

In the event of damage to checked baggage, this must be reported in writing to the carrier within 7 days of the date of delivery and, in the event of delay, within 21 days of the date on which the baggage was placed at the passenger's disposal.

Checked baggage: In general, passengers are entitled to a baggage allowance, the limit of which may differ depending on the airline, class and/or route. There may be additional charges for checked baggage that exceeds the allowance. Please contact your travel agent or airline for more detailed information.

Hand luggage: In general, passengers are entitled to a hand luggage allowance, the amount of which may differ from airline to airline, and depending on the class, route and/or type of aircraft.

It is recommended that hand luggage be kept to a minimum. Please contact your travel agent or airline for more detailed information.

DENIED BOARDING, FLIGHT CANCELLATION

Community Regulation 261/2004 of 11 February

OVERBOOKING:

If the number of passengers exceeds the number of seats available, the airline should first call for volunteers to give up their seats in exchange for agreed benefits. These benefits should include one of two options: reimbursement of the ticket (with a free flight back to the point of departure, if relevant) or alternative transport to the final destination.

If the passenger does not volunteer, the airline may deny boarding to passengers against their will and must pay them compensation of: a) €250 for flights of up to 1500 km

  1. b) €400 for longer flights within the European Union and for other flights between 1500 and 3500km
  2. c) €600 for flights of more than 3,500 kilometres outside the EU.

In addition to the respective compensation, the company must offer you the:

  1. The choice between reimbursement of the ticket (with a free flight back to the point of departure, if relevant) and transport alternatives to the final destination; b) Assistance appropriate to the waiting time, including meals and refreshments, as well as hotel accommodation (including transfers), if necessary, and means of communication (two calls, faxes, emails, etc.).
  2.  

CANCELLATION:

If the flight is cancelled, the carrier must give the passenger a choice between a refund of the full ticket price within seven days (and a free flight to the point of departure when justified) or alternative transport to the final destination at the earliest opportunity.

The passenger is also entitled to the assistance referred to in the previous paragraph

The Passenger will also be entitled to the compensation described above if the flight has been cancelled without reasonable notice and alternative. They will not be entitled to this compensation if the cancellation is communicated to the passenger:

  1. a) Two weeks in advance;
  2. b) Between two weeks and seven days, if you are given the alternative of leaving up to 2 hours earlier and arriving at your final destination up to 4 hours later.
  3. c) Less than 7 days old, if given the alternative of leaving up to one hour earlier and arriving at the final destination up to 2 hours later.

It is up to the carrier to prove whether and when it informed the passenger of the cancellation.

Passengers are not entitled to compensation if the operating airline can prove that the cancellation was due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

DELAY

When you have reasonable grounds to expect that a flight will be delayed in relation to your scheduled departure time:

  1. (a) two hours or more in the case of any flights of up to 1 500 kilometres; or
  2. (b) three hours or more for any intra-Community flights of more than 1 500 kilometres and for any other flights between 1 500 and 3 500 kilometres; or
  3. c) Four hours or more, in the case of any flights not covered by a) or b), the operating air carrier must offer passengers:
  4. i) Meals and refreshments in reasonable proportion to the waiting time and two telephone calls, telexes, fax messages or e-mail messages.
  5. ii) Hotel accommodation:- if a stay of one or more nights becomes necessary, or - if an additional stay to that planned by the passenger becomes necessary and Transport between the airport and the place of accommodation (hotel or other).

iii) where the delay is at least four hours, reimbursement within seven days of the full purchase price of the ticket, for the part or parts of the journey not made, and for the part or parts of the journey already made if the flight is no longer justified in relation to the initial travel plan, cumulatively, in cases where it is justified; a return flight to the first point of departure.

If a flight departs from a Member State of the European Union, the complaint must be lodged in that country.

If a flight departs from a third country to a Member State of the European Union, if the air carrier is a Community carrier, the complaint must be lodged in the Member State of destination of the flight in question.

Passengers affected by denied boarding, flight cancellations and long delays:

  1. a) They can lodge a complaint with the operating air carrier in question;
  2. b) They can address their complaints to the competent national body, which in Portugal is ANAC.

TRAVEL BOOKINGS, CHANGES AND CANCELLATIONS BY THE CLIENT:

Once the airline ticket has been issued, the customer is subject to the conditions of both the chosen airline and the selected fare, which may affect changes to the date or cancellation of the trip.

The change of destination and/or passenger name is subject to the rules of the airline and the applicable transport regulations.

PRICE OF THE TRIP AND CHANGES TO THE PRICE

At the time of booking, the client is informed of the price of the ticket including airport, security and fuel taxes, as well as ticketing costs. Between the time of booking and when the ticket is issued, the value of the ticket may change beyond the agency's control, so the total value of the ticket previously provided will also be updated.

At the time of booking, the agency will inform you of the deadline for issuing the reservation, after which it will be automatically cancelled.

CHECK-IN TIMES

The times shown on the ticket or, if applicable, on the itinerary/receipt, are the departure times of the aircraft. The check-in times communicated by the airline correspond to the maximum limit at which passengers can be accepted to travel, in order to fulfil all formalities. Flights cannot be held up due to passenger delays, nor do these give rise to any liability on the part of the carrier or the agency.

DOCUMENTATION:

The client must have their personal or family documentation in good order. If in doubt about the documentation required for travelling to the destination in question, the client should contact their agency, which will provide the necessary information or refer them to the relevant authorities.

In the case of minors travelling, we would like to draw your attention to the documentation they must have in order to travel: passport or identity card (depending on the destination).

The agency declines all responsibility for refusing to grant a visa or not allowing the client to enter a foreign country.

Failure to make the trip due to the absence of the necessary documentation will be the sole responsibility of the client, who will be liable for any costs incurred by the agency as a result.

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