The national and international flights with GOWAIR, regardless of the destination, are subjected in principle to “The Montreal Convention”, May 28th 1999 signed and upheld by Spain, the EU regulation nº 2027/97, amended by 889/02, the applicable Spanish legislation, and the terms and conditions of the contract within the legal framework specified by GOWAIR which is summarized below. A complete printout of these terms and conditions can be provided on request by GOWAIR at their office.

• This is a European Community airline; the term "European Community airline" is understood to mean an air carrier with an operating licence granted by an EU Member State.

• "Ticket": For the purposes of this contract, "ticket" means "passenger ticket and baggage receipt" and "carrier" or "company" is the name given to any air carrier that carries or undertakes passengers or their luggage under this contract.

• "Person entitled to compensation" is a passenger or any person with a right to make a claim on behalf of this passenger, in accordance with applicable regulations.

• "Luggage" is both checked and unchecked luggage, unless expressly indicated otherwise. "SDR" are Special Drawing Rights according to the definition of the International Monetary Fund. Amounts thus expressed will have an approximate amount in the relevant local currency.

• Carriage and other services provided by the carrier are subject to the legal conditions outlined in the NOTICE, and in particular to:

  • the provisions contained in the ticket;

  • applicable fees;

  • conditions of the Charter contract established by the company in its published general conditions;

  • Applicable regulations within the contract that may be consulted in the offices of the carrier.

• The carrier undertakes to make every possible effort to carry the passenger and luggage with reasonable diligence. The agreed stopovers, if any, are the points indicated on the ticket or contained in the information provided by the carrier that are part of the planned flight itinerary; carriage, if made by several successive carriers, is considered to be a single operation

• The times indicated in the timetables or in other information are considered to be approximate, they are not guaranteed, and are not part of this contract. The carrier may, if necessary, opt to be replaced by another carrier, use other aircraft and make alterations in the planned itinerary; presumed flight connections are not guaranteed. The air carrier must inform passengers of such changes.

• Liability of airline companies in respect of passengers and their luggage:

• There is no financial limit set on liability for passenger injury or death. For damages of up to 113,100 SDR, the airline cannot contest claims for compensation. Above this amount, the airline may only contest a claim by proving that it was not negligent or otherwise at fault.

• In the case of passenger death or injury, the airline must provide an advance to cover immediate financial needs within fifteen days of the identification of the person with the right to compensation. This advance must not be less than 16,000 SDR in case of death.

• Where damages are caused as a consequence of passenger delay, the airline is responsible for the damages unless it has taken all reasonable measures to prevent the damages or it was impossible for it to take such measures. Liability for delay of a passenger is limited to 4,694 SDR.

• Where damages are caused by delay to luggage, the airline is liable unless it has taken all reasonable measures to prevent the damages or it was impossible for it to take these reasonable measures to prevent the damages or it was impossible to take these measures. This liability, if any, is limited to 1,131 SDR.

• In case of destruction, loss or damage to checked luggage, the airline is liable up to 1,131 SDR, even though it may not be at fault; except when the luggage was already defective. With respect to unchecked luggage, the airline is only liable for damages if it is at fault. The financial limit of this liability may rise if the passenger makes a special declaration before or during luggage check in and pays a supplementary fee established by the company.

• Claims regarding luggage must be made by the passenger in writing to the airline as soon as possible. Claims for damages to checked-in luggage must be made within seven days, and in case of delay, within twenty-one days, in both cases from the day in which the luggage was returned to the passenger.

• For this flight there is no other limitation to that defined above. Exemptions or limitations of liability of the carrier contained in the present ticket will be applicable to the agents, employees and representatives, as well as any person whose plane is used by the carrier during carriage.

• Any claim made to a court must be presented in the period of up to two years from the arrival of the aircraft or when the aircraft should have arrived.

• The passenger may present a complaint or a claim both to the airline with which the contract for service has been made and also to the company responsible for effective provision of the service; if the ticket shows the name and code of an airline, this is the contracting company.

• The passenger must comply with governmental requirements for the flight and present the relevant documents, comply with applicable regulations in this carriage such as prohibition or limitation on smoking within the aircraft, arriving at the airport at the time indicated by the carrier, or if none were indicated then arriving sufficiently early to complete departure formalities, and at all times abstaining from personal behaviour that may affect the proper operation of the aircraft. Failure to do this will justify the passenger being denied carriage or the pilot taking appropriate measures once the passenger is under the pilot`s responsibility. The airline is not responsible for damages, loss or expenses that might arise due to failure to comply with requirements set out in this and previous clauses or for inappropriate behaviour that forces airline staff to delay or disrupt boarding.

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Taxes, duties and Government Fees

The price of this ticket may include taxes, duties and fees that governmental authorities impose on air transportation. These taxes, duties and fees, which may represent a significant portion of the ticket price, may be included in the fare or may be indicated separately in sections labelled "TAXES/RIGHTS/FEES" of this ticket. You may have to pay taxes, duties, or fees that have not yet been charged.

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Passengers Refused Boarding

Council Regulation (EC) No. 261/2004, dated 11 February, details common compensation rules for boarding denial in air transportation. The rules that the Airline must follow for boarding passengers in the event of overbooking are available to the public in the offices and check in desks of the air carrier. The air carrier will also provide passengers who have been denied boarding with a leaflet indicating the compensation for boarding denial.

 

 

Travelling on flights with another airline

GOWAIR is the carrier only when listed on the ticket as "Operated by GOWAIR"; otherwise the flight is operated by another airline. Take into account that each airline establishes the baggage allowance that passengers may carry on free of charge and in accordance with limitations in regards to weight, size, contents and conditions for each company; for more information on baggage allowance and other restrictions, ask the operating airline.

GOWAIR will specify the identity of the contracted operating airline or airlines which provide transportation services in accordance with EC 2111/05 Regulation, Article 11.6