General Conditions of Carriage
As used in this contract, "ticket" means "passenger ticket and bag claim check", of which both these General Conditions of Carriage and all notices shown on this website form part. "Electronic ticket" means the itinerary/receipt issued by or on behalf of the Contractual Carrier, the electronic coupons and, if applicable, the boarding document. "Contractual Carrier" means any air carrier that transports or undertakes to transport the passenger and his or her baggage by virtue of this contract or that performs any other service related to this air transport. "Actual Carrier" means any other carrier that performs all or part of the carriage contracted with the Contractual Carrier and authorised thereby. "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999. "Regulation (EC) No. 2027/97" means Council Regulation (EC) No. 2027/97 of 9 October 1997, as amended by Regulation (EC) No. 889/2002 of 13 May 2002 on air carrier liability in respect of the carriage of passengers and their baggage by air. "SDR" means Special Drawing Rights as defined by the International Monetary Fund.
Carriage hereunder is subject to the rules and limits of liability established by the Montreal Convention and Council Regulation (EC) No. 2027/97 of 9 October 1997 as amended by Regulation (EC) No. 889/2002 of 13 May on air carrier liability in respect of the carriage of passengers and their baggage by air.
Any transport or other services provided by the carrier is subject to the following conditions, providing they do not conflict with the foregoing regulations.
1. The conditions shown on the ticket.
2. The fare applied and the fare conditions
3. The remaining carriage conditions established by the carrier and the related regulations that form part of this contract and that may be consulted at the carrier's offices.
The name of the contractual carrier may be abbreviated on the ticket, providing that the full name and the abbreviated name are given in the carrier's manuals, regulations and timetables. The address of the contractual carrier is the one stated on the back of the passenger ticket. The agreed stopovers are those points specified on the passenger ticket or which are shown on the carrier's timetables as planned stops on the passenger's itinerary. Carriage to be performed by several subsequent carriers by virtue of this contract will be considered a single operation.
The carrier that issues a ticket for another carrier's routes is merely acting as an agent of the latter.
Any limitation of liability with regard to the contractual carrier will apply and benefit its agents, employees and representatives, as well as the actual carrier, its dependants and agents, when they are acting in the exercise of their duties.
Checked baggage will be handed over to the holder of the bag claim check. If baggage is damaged, the passenger must provide a written protest to the carrier as expeditiously as possible and within a deadline of seven (7) calendar or natural days and, in the event of a delay, within a deadline of twenty-one (21) calendar or natural days. In both cases these deadlines run from the time when the baggage is made available to the passenger.
The ticket is valid for carriage for one year from the date of issue, unless specified otherwise on the ticket or in the applicable fares and fare conditions. The carrier may refuse to provide carriage if the applicable fare has not been paid.
The carrier hereby undertakes to use its best efforts to transport the passenger and his or her baggage with reasonable diligence. If necessary, the carrier may be replaced by another carrier, use third-party aircraft and modify or remove planned stopovers shown on the ticket. If the passenger misses a connecting flight due to a reason imputable to Iberia Express, he or she will be booked on another flight that enables the passenger to reach the destination as soon as possible or, failing that, be reimbursed for an amount equal to the price of the flight they paid, providing no part of the ticket has been used, or the difference between the price paid and the fare applicable to the segments flown, if part of the ticket has been used.
The passenger must comply with government requirements laid down for the trip and must have departure and arrival documents as well as any other document required. Moreover, the passenger must arrive at the airport at the time indicated by the carrier in the notice concerning minimum arrival time for acceptance on the flight.
No agent, employee or representative of the carrier has authority to alter, modify or waive any of the conditions of this contract.
In accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council, in the event that boarding is denied to a passenger that has presented themselves for boarding under the conditions laid down in the Regulation, compensation will be payable and the carrier must provide immediate care and assistance to the passenger.
In accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council, if a flight is cancelled, compensation is payable and the carrier is obliged to provide immediate care and assistance to affected passengers, unless cancellation is due to extraordinary circumstances.
In accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council, in the event flight take-off is delayed well beyond the scheduled departure time, the passenger has the right to receive immediate care and assistance during the delay.
The passenger must pay any taxes and fees levied on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the final cost of air travel, are included in the final price of the ticket. When they have been added to the fare, they are shown separately on the line item "taxes and fees".
Taxes and fees change constantly, at times after the date the ticket was purchased. In the event a tax or fee payable by the passenger increases after the ticket is purchased and before the ticket it used, the passenger must pay the difference. If the amount of the increase entails a considerable rise in the ticket price, the passenger may request a refund within seven (7) business days from the date the airline or the agency requires payment. If the passenger does not pay the difference within seven days, the airline will cancel the ticket and refund the amount.
In accordance with Regulation (EC) No. 2111/2005 of the European Parliament and of the Council of 14 December, the contractual carrier will inform the passenger of the identity of the airline operating the flight. If the identity of the operating company is unknown at the time of the booking is made, the contractual carrier will make sure that the passenger is notified as soon as this information is known.
This notice transcribes the Annex to Regulation (EC) No. 2027/97, which summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within fifteen (15) days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).
Passenger delays In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs (approximate amount in local currency) (*).
Baggage delays In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs (approximate amount in local currency) (*).
Destruction, loss or damage to baggage The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven (7) days, and in the case of delay within twenty-one 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action Any action in court to claim damages must be brought within two (2) years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
(*) This refers to the individual passenger's right to take action before a court to request compensation for damages caused by a delay. In this event, it is necessary to demonstrate that such damages occurred and that the air carrier is liable.
For safety reasons, passenger baggage must not contain dangerous goods such as compressed gases, corrosives, explosives, inflammable liquids and solids, radioactive materials, oxidising materials, venoms, infectious substances and briefcases with alarm devices installed.
If you have duly reserved your seat and for some reason are unable to make use of it, we would ask that you please contact us, by telephone, in person or through your agency, in order to cancel the seat assignment. This will enable another passenger to travel, and avoid us having an empty seat on the flight.
On arrival at transit points, passengers are asked to check reservations for their onward journey or their return trip, and to provide their temporary address to the carrier in order to be notified of any information that could be of interest.
The airline establishes a minimum amount of time prior to the scheduled departure indicated on the ticket for passengers to arrive at the airport, check in, check luggage and be issued a boarding card. After the minimum time limit passes, the flight will be closed. The carrier will not incur any liability whatsoever for non-acceptance of a passenger when that passenger presents himself for a flight that has already closed.