TERMS AND CONDITIONS
GENERAL CONDITIONS OF THE AIR PASSENGER TRANSPORTATION CONTRACT – ECOCOPTER S.A.
This contract governs the rights and obligations between ECOCOPTER S.A. ("ECOCOPTER") as the Carrier and the Passenger in relation to the contracted transportation, which shall be governed by the relevant provisions of the Aeronautical Code of the Republic of Chile and other applicable regulations.
1. DEFINITIONS
For the purposes of these conditions, the following definitions shall apply to each of the terms listed below:
B. "Ticket" or "Flight Ticket" refers to the document(s) that serve as proof of the conclusion and terms of the air transportation contract and baggage control (when applicable), whether issued manually, electronically, or by any equivalent means, provided they are issued or authorized by the Carrier or a Travel Agent. It includes all or some of the following documents:
- These General Conditions of the air transportation contract.
- Any Specific Conditions of the air transportation contract.
- The provisions contained in the receipt issued by the Carrier or booking details provided by any Agent.
- The Boarding Pass.
C. "General Conditions of Carriage" refers to these General Conditions of Carriage.
D. "Hand Baggage" means the baggage that the Passenger keeps with them under their custody, care, control, and responsibility during the flight and while within the Carrier's premises. The weight and dimensions of this type of baggage are limited by the conditions specified in this contract.
E. "Passenger" refers to any person, excluding crew members, who is transported or is to be transported on an aircraft under the terms of the transportation contract.
F. "Carrier" means the airline that transports or agrees to transport the Passenger and/or their baggage under the terms of this contract or provides any other service related to such air transport.
G. "Leg" refers to each segment included in a trip, covering the transport from the point of departure to the destination and the return to the point of departure.
2. GENERAL RULES OF AIR TRANSPORTATION
A. The Carrier's obligation shall be deemed fully satisfied by transporting the Passenger and their Baggage with reasonable punctuality, considering the special circumstances of the case. The Carrier will make reasonable efforts to transport Passengers and their Baggage in accordance with the itineraries published by the Agent and those reflected on the Ticket. The Carrier may freely determine seat assignments and modify or eliminate scheduled stops in the Leg at any time, for justified reasons and in accordance with applicable regulations. For purchases made through the Agent or other enabled means, the right of withdrawal established in Article 3 bis, letter b) of Law No. 19.496 on the Protection of Consumer Rights in Chile shall not apply.
B. The Carrier may reschedule, suspend, delay, and/or cancel the flight or modify its conditions when necessary due to adverse weather conditions, safety reasons, force majeure, and/or unforeseen circumstances, or in the case of the COVID-19 pandemic or a similar situation.
C. Any exemption or limitation of liability of the Carrier under local regulations shall apply to and benefit the Carrier's agents, employees, and representatives, as well as any other person or company whose aircraft is used by the Carrier for transportation, including their agents, employees, or representatives.
D. The Carrier reserves the unrestricted right to deny the transportation contracted by the Passenger if the fare has not been paid in full or in part, if the payment method used has been declined, revoked, or canceled, or if the Ticket was obtained in violation of the law.
E. Likewise, the Carrier will deny boarding or arrange for the Passenger's disembarkation if it determines that the Passenger may compromise the safety of the flight or other Passengers. Boarding will be denied to any Passenger whose behavior, either on the ground or onboard, constitutes:
- An act contrary to the instructions given by the aircraft crew or any Carrier employee.
- Conduct that deviates from the reasonable behavior expected of a person or passenger.
- An infraction or crime that, in the opinion of the Carrier, may jeopardize the safety of the aircraft, its passengers, or goods onboard, or threaten order and discipline.
- Any attitude or behavior that, in the Carrier's opinion, constitutes a refusal to comply with crew instructions or poses a risk to operations, order, or discipline.
- Signs of excessive alcohol consumption and/or drug intoxication.
- Failure to comply with any applicable law or regulation or refusal to comply with any request made by the relevant government authority.
F. Any Passenger who does not show up for the flight, arrives late to the boarding location, or does not request a change at least 24 hours in advance will miss the flight, with no option to reschedule or refund the fare paid.
G. If the Passenger needs to change or reschedule a flight, they must do so through the same portal where the Ticket was purchased, ensuring greater security and preventing fraud. If the Passenger is not registered, an account must be created. After the request, the Passenger will be contacted by a Commercial Assistant from the Carrier, who will provide different options for changing or rescheduling the flight. The Passenger understands that, due to the special nature of the service and its demand-based availability, they must adjust to the calendar or dates proposed by the Carrier and may not demand a specific date, unless available in the Carrier’s flight schedule. In any case, the website or portal where the Ticket is sold will include a Frequently Asked Questions (FAQ) section addressing the most common questions about the contracted service.
H. It is the sole responsibility of the Passenger to be informed, obtain, and comply with travel requirements imposed by aviation authorities, including the presentation of identification documents and any other requirements that the Carrier may demand. The Carrier may deny boarding to passengers who do not present the required documentation or whose identity does not match the information provided at the time of Ticket purchase, with no liability to the Carrier.
I. The Passenger must arrive at the time indicated by the Carrier. The Carrier agrees to wait for the Passenger for a maximum of 10 minutes from the scheduled time. If the Passenger arrives after this waiting period, the provisions of section F shall apply.
J. Any Passenger who fails to show up for the flight, does not arrive at the established time, or is late to the departure location risks having the corresponding segment of the trip canceled. In these cases, there will be no possibility of change, refund, or compensation for the fare, products, or services. If a flight has more passengers with confirmed reservations than available seats, the Carrier must still provide the service, even if there are vacant seats. However, if the Passenger has chosen the "private flight" option, purchasing all available seats on the aircraft, the provisions of sections F, H, and I will still apply.
K. The Ticket is also subject to additional terms, such as possible changes in schedule, dates, route, and other conditions accepted by the buyer at the time of purchase. Tickets are issued nominally, for a specific date and corresponding fare. Therefore, any changes requested by the Ticket holder must comply with the rules of the fare purchased. Any agreement made at the request of the Passenger involving revalidation of the original Ticket or issuance of a new Ticket will be the sole responsibility and cost of the Passenger.
L. In some cases, the Carrier may require prior notice for trips involving passengers with special needs, including those with disabilities or medical conditions (e.g., requiring a wheelchair, oxygen, etc.). Passengers must be informed in advance of any special transport requirements that must be met and coordinated before acceptance for boarding (e.g., unaccompanied minor, infant, etc.). The Carrier is exempt from any liability if boarding is denied due to non-compliance with the airline's current policies and regulations.
3. TICKET PRICE AND PAYMENT METHOD
The Ticket price includes only the transportation and contracted Baggage from the point of departure to the destination and the return to the point of departure.
The Ticket price does not include ground transportation to the departure location or any transportation services the Passenger may require at the destination, unless such service is externally offered by the Carrier. In that case, the Passenger will be responsible for paying the corresponding fees.
The system accepts the following payment methods for the Ticket price: WEBPAY, MERCADOPAGO, and BANK TRANSFER.
4. RULES FOR CARRY-ON BAGGAGE TRANSPORTATION
A. Hand Luggage must be transported on the same flight as the Passenger.
B. The conditions established for the acceptance of Hand Luggage are:
- All Passengers must properly identify their Hand Luggage, including: first name, last name, phone number, email, and permanent address.
- All Hand Luggage is subject to inspection by both the Carrier and the relevant authorities.
C. Any Hand Luggage that has one of the following characteristics may have its acceptance restricted or be refused by the Carrier:
- Hand Luggage that exceeds the maximum size and/or weight limits established by the Carrier.
- Hand Luggage that may pose a risk to other luggage in the aircraft's cargo compartment, including, but not limited to, Dangerous Goods and Prohibited Items.
C.1 Dangerous Goods and Prohibited Items
a) "Dangerous Goods" refers to items classified as such according to the IATA Dangerous Goods Regulations, government laws, or the Carrier’s regulations. These include, but are not limited to:
- Gases: Compressed, liquefied, in solution, or deeply refrigerated, including aerosols. Examples: butane, oxygen, liquid nitrogen, tear gas sprays, refillable gas cartridges for lighters, etc.
- Corrosives: Solids or liquids such as acids, alkalis, mercury, batteries with liquid electrolyte, etc.
- Explosives: Ammunition, fireworks, flares, suitcases with alarm devices, explosive toy gun caps, etc.
- Flammable Liquids: Fuels, paints, solvents, etc.
- Radioactive Materials: Any category of radioactive substances.
- Oxidizing Materials and Organic Peroxides: Such as bleach, fertilizers, etc.
- Toxic and Infectious Substances: Such as insecticides, pesticides, biological products containing pathogenic germs, etc.
- Flammable Solids: Such as matches.
- Weapons: Any item designed or usable for attack or defense, such as firearms, sharp weapons, gases, electric shock devices, sharp objects, blunt objects including batons, axes, or clubs with internal weights.
b) "Prohibited Items" refers to goods that, for operational safety reasons and/or to maintain the service provided by the Carrier to its passengers, are restricted from being transported on board the aircraft. This includes, but is not limited to, Dangerous Goods, food, and liquids in general.
To ensure flight safety and compliance with regulations, the Carrier may remove any Dangerous Goods or Prohibited Items carried by the Passenger in their Hand Luggage, in order to maintain order and the quality of service provided to passengers.
A limited amount of medicinal and personal hygiene items is allowed for transportation by Passengers. Before including them in their Hand Luggage, the Passenger must consult with the Carrier’s staff for guidance.
5. LIMITS OF LIABILITY IN TRANSPORTATION
A. Responsibility for the passenger transportation service, as well as liability in the event of death or bodily injury to the Passenger, and the limits of liability regarding all mentioned aspects, shall be governed by Chilean aeronautical law.
B. Regarding high-value commercial items and electronic devices (including but not limited to computers, money, jewelry, medication, documents, and valuable personal items), the Passenger must carry these objects as "Hand Luggage" or a personal item to keep them in their custody at all times, as the Carrier shall not be held liable for them.
6. PASSENGER RIGHTS
The following rules shall apply to flights governed by the regulations of the Chilean Aeronautical Code.
A. Delays or Cancellations
The Carrier is obligated to carry out the transportation on the date, time, and under the conditions stipulated. However, it may suspend, delay, or cancel the flight, or modify its conditions for safety reasons or due to unforeseen force majeure events, such as weather phenomena, armed conflicts, pandemics, civil unrest, or threats against the aircraft. In such cases, either party to the contract may terminate the agreement, assuming their own losses.
Notwithstanding the foregoing, in the event of a delay or cancellation of a flight due to causes attributable to the Carrier, the affected Passenger shall have the following rights:
- a) Reschedule for the next available flight offered by the Carrier.
- b) Request a full refund of the amount paid for the Ticket if the Passenger decides not to continue with the contract.
- c) Compensation in accordance with the Chilean Aeronautical Code, provided that the delay or cancellation is attributable to the Carrier, based on the terms established in the Chilean Aeronautical Code.