GENERAL CONDITIONS OF CONTRACT FOR THE CARRIAGE OF PASSENGERS

Index

1. DEFINITIONS

“Ticket” refers to the location number and, if applicable the baggage registration voucher issued by or on behalf of the Carrier, authorizing the holder or Passenger to travel from origin to destination on the terms and conditions contained therein and in these General Conditions of Carriage.

“General Conditions of Carriage” or “Conditions” refers to the general conditions of contract for the carriage of passengers and baggage by air set forth herein. “Passenger#: any person holding a ticket, excluding flight crew members. “Point-to-point flights” refers to a single segment flight, i.e., there is no scheduled stopover in route.

“Segment” refers to a trip between a consecutive takeoff and landing. “Operator” or “CRGA” means Costa Rica Green Airways LTDA, a company whose registered office is located at the Domestic Terminal of the Juan Santamaria International Airport in Alajuela, Costa Rica. In accordance with IATA, detailed measures are established for implementing common basic standards on aviation security.

2. PURPOSE AND APPLICABLE REGULATIONS

The purpose of these General Conditions of Carriage is to regulate the terms and conditions under which CRGA will carry Passengers and their baggage to the destination specified in the Ticket and provide, if applicable, other services related to the air transportation mentioned above.

All transportation performed and other services provided by the Carrier shall be subject to the following regulations (the “applicable regulations”): (I) the conditions that appear on the Ticket; (II) the fare applied and its conditions; (III) the provisions in the General Conditions of Carriage set forth herein; (IV) the particular and special conditions which, where applicable, may apply to a group of Passengers or to one or more of them, case by case respectively; and (V) such regulations as may be applicable at any time. The General Conditions are available to Passengers on the Carrier’s website(www.costaricagreenair.com), and a copy can be obtained from CRGA’s registered office.

None of these Conditions of Carriage shall invalidate any of the Passenger’s rights provided by applicable law.

If the Passenger purchased his Ticket with the assistance of or through a third party, the latter shall be responsible for providing the Passenger with a copy of these General Conditions, as well as for notifying the Passenger of any contingency arising in connection the flight, unless, in the latter case, the e-mail address appearing on the reservation belongs to the Passenger. CRGA shall not be liable for the consequences affecting the Passenger if the third party through whom the reservation was made does not comply with the obligations set forth herein.

3. TICKET

3.1 GENERAL PROVISIONS

The Ticket will only be valid for the flight specified on the Ticket and for the person listed as the Passenger. The Ticket is not transferable and cannot be assigned to third parties.

The Ticket shall also include a reference to these General Conditions of Carriage and any other information deemed essential by CRGA.

If a Passenger exceeds 300 pounds in weight, without baggage or carry-on baggage, CRGA will require the Passenger to purchase a second ticket, subject to availability, in order to board the flight. If the Passenger weighs more than 300 pounds and the second ticket was not purchased prior to the check-in process and there is no more ticket availability for that particular flight, CRGA has the right to place the Passenger on standby for upcoming flights with available space. CRGA reserves the right to fly passengers who have not previously disclosed a weight over 300 pounds and have not purchased a second ticket.

3.2 NON-CANCELABLE TICKET

Once the reservation has been made and paid, the passenger may not cancel the ticket, and the price paid will not be refunded, except in the cases expressly provided for herein, such as the exceptional circumstances referred to in point 4.4.

3.3 LIMITED LIABILITY

The rules and limitations regarding liability are established by the General Directorate of Civil Aviation of Costa Rica Law. The Company reserves the right to cancel or postpone the trip without liability, when it has to meet preferential obligations such as the transfer of sick or injured persons, due to bad weather and for any other reason that it deems necessary for the safety of passengers or the protection of the Company’s interests. Consequently, the Company does not assume the unavoidable obligation to transport the passenger on the precise day stated on the Ticket for the trip or for a specific aircraft. It also reserves the right not to accept passengers who present themselves in abnormal circumstances that endanger the safety of other passengers or cause them inconvenience of any nature.

4. RATES

4.1 GENERAL

The ticket fare only includes transportation from the airport of departure to the airport of destination. The ticket price does not include ground transportation services between airports, nor between airports and/or terminals in the destination city.

CRGA ticket prices are dynamic and depend on the retail channel.

4.2 TAXES AND ADMINISTRATIVE FEES

CRGA prices always include fuel surcharges, where applicable. In the case of Tambor Airport, an entry and exit tax must be paid, which is established by the Administration of this airport and must be paid by the passenger. Any other charges for optional services will be specifically indicated and must be accepted by the Passenger prior to payment. Fares and taxes are governed by decisions beyond the Carrier’s control and are subject to constant changes and revisions, which may occur after a ticket has been purchased. If there is an increase in a fare or tax after the Ticket has been purchased, but before the Passenger has flown, and if CRGA decides to revise the price, transferring the increase to the Passenger, the Passenger may (I) pay the difference with the rates shown at the time of purchase, by expressly authorizing CRGA to charge the difference to the same credit card used to pay for the Ticket, if this was the form of payment used, or (II) terminate the carriage contract. In any case, CRGA has the right to cancel the reservations of any Passenger who has not expressly chosen any of the options offered by the company and, therefore, has not paid the difference in fares before flying.

4.3 CURRENCY

The price and additional services are paid in USD (US dollars). However, CRGA may accept other currencies at its discretion. In such cases, CRGA shall have the right to establish the exchange rate considering the price of the currency in international markets and, if applicable, other additional objective criteria, such as administrative fees.

4.4 EXCEPTIONAL CIRCUMSTANCES

A Passenger who is unable to travel due to exceptional circumstances must submit a claim and a copy of any supporting documentation (e.g., death certificate in the case of death of parent, child, spouse or civil partner) to CRGA’s customer service team. This certificate should be sent to the following e-mail address [email protected].

Upon receiving this certificate, CRGA will assess the convenience of issuing a credit, refund or ticket exchange, considering the exceptional circumstances involved.

Specifically, in case of hospitalization or death of a family member, ONLY A MEDICAL OR DISFUNCTION CERTIFICATE, will be accepted as proof and, in either case, must be submitted 24 hours before the flight. Claims received after this period will not be admitted. The claimant must have notified CRGA by email prior to departure of the corresponding flight.

We recommend that Passengers acquire appropriate travel insurance to cover this type of events.

COVID-19

In case of having a positive test of COVID-19 and any of its different variants, CRGA will require the medical certificate where it is expressed that the passenger has been infected with the virus.

This certificate must be sent to CRGA within a period of no less than 24 hours before the flight. Otherwise, CRGA will not be able to proceed with the credit of the reserved ticket.

Flight Credit

The only way you can access a flight credit it’s to have the purchase of the Pura Vida Insurance or due to medical circumstances properly proven as indicated in section 4.4. (EXCEPTIONAL CIRCUMSTANCES).

4.5 BILLING

CRGA will issue invoices to Passengers when expressly requested online or by telephone.

4.6 OTHERS

CRGA will not be liable for any additional charges made by the entity providing the payment method for the Passenger.

5. SEAT RESERVATION

5.1 REQUIREMENTS

Seat assignment for a flight will be confirmed once the Carrier issues the Ticket without requiring further confirmation of the reservation.

5.2 CHANGES TO A RESERVATION

The Passenger will have the right to make flight changes and correct name errors within 24 hours after the reservation is issued as long as the conditions of the purchased fare allow it, otherwise they will have to make the payment for the change, which will be established by the carrier as appropriate.

Notwithstanding the provisions of the General Conditions regarding Fares, Passengers may change the date and time of the flight (subject to seat availability) provided that the Passenger pays the corresponding charge and, if applicable, the difference between the price of the original Ticket and the price of the new Ticket. If the new Ticket has a lower price, this difference will not be refunded.

A change of Passenger is only allowed once the corresponding fee has been paid, as well as the difference between the price of the original Ticket and the new Ticket. If the new Ticket has a lower price, this difference will not be refunded. The name of the Ticket holder on a reservation for any type of Ticket must be the same for all included trips. Therefore, the Ticket holder cannot be changed if any of the trips included in the reservation have already been completed.

5.3 PAYMENT

The Ticket price, together with all charges related to the reservation, must be paid in full upon confirmation of the reservation. If the payment is not verified, the contract of carriage will not be considered valid, and we will cancel the reservation without prior notice.

5.4 PASSENGERS WITH REDUCED MOBILITY AND PASSENGERS WITH CASTINGS

It is the responsibility of each airport to assist passengers with disabilities or reduced mobility. CRGA, provided that the Passenger notifies us at least 48 hours prior to departure, will ensure that the company in charge of the airport assistance service receives the request for assistance. Once at the airport, the Passenger must go to one of the official meeting points designated for this purpose and request assistance there. It is recommended that the Passenger consult an airport map to locate the nearest meeting point.

At no additional charge, CRGA will aid Passengers with reduced mobility who have expressed a need for special assistance and who depart from, arrive at or travel through an airport included in the trip specified on a Ticket.

Passengers with one leg in a cast may fly if they provide a medical certificate showing that the cast was applied more than 24 hours before and under the following conditions:

If the passenger wears a cast below the knee or reaches the groin, they must reserve two seats.

6. TIMES, CONNECTIONS, DELAYS, CHANGES, FLIGHT CANCELLATIONS AND DENIED BOARDING PASSENGERS

6.1 CONNECTIONS

If the Passenger purchases one or more Point-to-Point flights, it is the Passenger’s responsibility to allow sufficient time to collect his/her baggage from the first flight (if applicable), re-check it, pass through security and arrive at the boarding gate of the second and/or subsequent flight. Each point-to-point flight constitutes a separate contract of carriage. Therefore, CRGA is not responsible for lost connections. CRGA shall not be liable if a Passenger misses a connecting flight for reasons attributable to the Passenger.

6.2 DELAYS, CANCELLATIONS AND RESERVATIONS

If a Passenger is affected by any of these events, CRGA will manage it on a case-by-case basis, considering our commitment to excellent customer service. You can speak to our representatives at the counter or call our Customer Care line.

CRGA is authorized to modify flight schedules for operational reasons up to 2 hours prior to the flight. These changes will be communicated via e-mail to the passenger or to the person in charge of the reservation.

In the event of delays or cancellations due to weather conditions, CRGA is released of any liability since it is a situation out of control and is not obliged to refund the amount of the ticket.

6.3 DISPUTE RESOLUTION

If you wish to file a complaint, please contact our customer service team, who can be reached here.

7. REGISTRATION AND ADMINISTRATIVE REQUIREMENTS

7.1 CHECK-IN PERIOD

Passengers should arrive at the airport with sufficient time prior to the scheduled departure of their flight to complete all official procedures and to check their baggage, when applicable. The maximum check-in time is specified in each flight itinerary. Check-in counters open one hour before and close fifteen minutes before scheduled departure (even if the flight is delayed).

After this period, no baggage will be accepted, and no boarding passes will be issued. Once the check-in deadline has passed, the Airline has the right to transfer seats belonging to Passengers with a reservation and without an advanced boarding pass who have not identified themselves at the appropriate check-in counter or at any other location specified by the Airline within the check-in deadline, to Passengers on the waiting list, who are queued for acceptance.

If the passenger arrives at the counter after the maximum check-in time CRGA is not obliged to place his reservation on the next flight.

7.2 CHECK-IN

To check baggage, Passengers must present their ticket or reservation number, as well as a document that legally proves their identity. For domestic passengers, their identity card or passport may be accepted. For foreign passengers, only their residence card or passport will be accepted. For any case, only physical documents will be allowed and check-in without thereof will not be allowed. The Carrier reserves the right, for itself or third parties, to identify the Passenger by other means if it considers that the documentation presented is not sufficient or if there is any doubt regarding the identification or the veracity of the document provided.

7.3 BOARDING

Boarding begins ten minutes before takeoff. The boarding gate closes 5 minutes before scheduled take-off. The Carrier reserves the right to cancel the seat assignment and reservation of those Passengers who fail to board at least 5 minutes prior to scheduled take-off. Passengers who arrive late to the check-in counter will not be allowed to board, nor will they be entitled to compensation for denied boarding and will be responsible for any damage to CRGA in the event that the luggage need to be relocated from the plane if the Passenger has checked it in and has failed to arrive at the boarding gate before the specified time limit.

Whenever possible, families traveling with children, passengers in wheelchairs and passengers with reduced mobility will be given priority boarding.

7.4 TRAVEL DOCUMENT

Passengers shall be responsible for obtaining, maintaining in their custody and presenting, when necessary, all required entry and exit documentation for the countries from which, to which, or over which they are being transported, as well as health or other documentation that may be required by such countries. The Carrier reserves the right to refuse to carry any Passenger who has not complied with applicable laws, regulations, rules, demands or requirements, or whose documents do not comply with the former, in the judgment of the Carrier, or the judgment of the authorities in the Country of departure or arrival.

7.5 DENIED ENTRY TO A COUNTRY

If, for any reason, an authority in the countries to which, from which or over which the carriage is performed, denies the Passenger entry into the country, including transitory, the Passenger shall pay the cost of transportation for his return to the airport of origin or any other airport. The Carrier shall not be obliged to reimburse the Passenger for the portion of the Ticket price corresponding to the routes that the Passenger has not completed, nor shall the Carrier be liable for the Passenger’s baggage.

7.6 PASSENGER OBLIGATIONS

In the event that the Carrier is subject to a fine, penalty or incurs any expense attributable to the Passenger and his luggage (customs, police or others) of any law, demand or other requirements related the trip to the countries to which, from or to which the transportation is made, the Passenger shall, at the request of the Carrier, reimburse the amount paid or the expenses that the Carrier will incur or has incurred.

8. CARRIER'S RIGHT TO REFUSE PASSENGER CARRIAGE AND PASSENGER CARRIAGE RESTRICTIONS AND CARRIAGE RESTRICTIONS

8.1 CARRIER'S RIGHT TO REFUSE CARRIAGE OF PASSENGERS

The Carrier reserves the right to refuse, at any time, to transport a Passenger holding a Ticket if, in the opinion of the Carrier:

  • It is necessary or appropriate for public safety reasons.
  • It is necessary or appropriate to comply with applicable laws or regulations in a country of origin, destination or stopover.
  • It is necessary or appropriate because of the Passenger’s behavior, condition, age, or mental or physical condition.
  • It is necessary or appropriate to avoid serious harm, inconvenience or distress to other passengers or crew.
  • It is necessary or appropriate because the Passenger has previously and repeatedly violated the Carrier’s rules.

The Passenger has provided the Carrier with a document (I) acquired in a suspected unlawful manner, (II) that has been reported lost or stolen, or (III) is allegedly false, contains changes or alterations of any kind not made by the Carrier. In such cases, the Carrier reserves the right to withhold the documents.

The person appearing at the Carrier’s check-in counter is not the Ticket holder. In such case, the Carrier reserves the right to withhold the Ticket.

The Passenger cannot prove that the Ticket was paid in full, has requested that the credit card payment be cancelled or if there is suspicion of fraud.

8.2 TRANSPORT RESTRICTIONS

Pregnant women: the Carrier agrees to carry pregnant women up to 27 weeks (inclusive) who can travel without a medical certificate. When travel takes place between 28 and 35 weeks of pregnancy (both inclusive), the original physician’s permission stating that the Passenger is fit to fly, the period of validity, registration number and physician’s signature must be provided. Women who are 36 weeks (32 in the case of uncomplicated multiple pregnancies) or more into their pregnancy will not be able to travel.

Minors: CRGA does not offer services for unaccompanied minors (UM). Children under 12 years of age may not travel without a responsible companion over 18 years of age.

For safety reasons, infants less than seven days old will not be admitted on board. Children between 7 days and 2 years (1 year + 364 days) must travel on their parents’ lap. CRGA will provide FAA-approved child safety harness for children riding on their parent’s lap, where necessary. Strollers and cribs are not allowed.

At any time, both CRGA and the local authorities at the airport of departure or destination have the right to demand all documentation related to an infant or a minor intending to travel, so we recommend that you have this documentation on hand.

Minors over 12 years of age will only be admitted on board if they carry a valid identity card or passport in their name. Children under 12 years of age must also carry a passport or identity card and must be accompanied by at least one parent.

9. POLICY ON CONDUCT AND EXTENDED USE OF ON-BOARD ELECTRONIC DEVICES

9.1 PASSENGER BEHAVIOR ON BOARD

If the carrier considers that the behavior of a Passenger on board may endanger the aircraft, any person or objects on board, or is hindering the personnel in the performance of their duties, or the Passenger ignores the instructions given by crew members; threatens, is abusive or insults any member of the crew, or behaves in a scandalous manner or in any way that may be considered offensive to other Passengers, the Carrier has the right to take the measures it deems necessary to avoid such behavior, including removing the passenger from the airplane. Subsequently, CRGA will exercise all legal actions (criminal or civil) to which it is entitled.

For the safety of passengers and crew, in accordance with the Law on Civil Protection of the Right to Honor, Personal and Family Privacy, and Self-Image, it is prohibited to take videos or photographs of any crew member or passenger, unless there is express consent to do so. Any crew member may request the removal of images or videos taken illegally or without proper consent.

If as a result of the Passenger’s behavior on board the aircraft, the captain of the aircraft will make a reasonable decision, to divert the aircraft to remove the Passenger, this Passenger shall pay the Carrier all costs arising from this detour.

Consumption of alcoholic beverages is prohibited unless purchased on board.

9.2 USE OF ELECTRONIC DEVICES ON BOARD

Passengers may use the following electronic devices (“PEDs”) on board CRGA aircrafts:

  • Cell phones (“Smart Phones”).
  • Tablets
  • Electronic headphones with external noise reduction.
  • MP3, MP4 and similar devices, as well as digital music players.
  • Portable Electronic Game Consoles.
  • Laptop Computers.
  • Electronic Readers (E-Readers).
  • Personal digital still and video cameras (excluding professional cameras). The use permit does not include taking photographs of crew members or any element of the aircraft.
  • Wireless headsets (except during taxiing, takeoff and landing).

However, the aircraft crew may, at any time, order all electronic devices to be turned off and put away (even if they have or are in “Flight Mode”).

10. LIABILITY FOR HUMAN AND MATERIAL DAMAGES

10.1 GENERAL CONDITIONS

In the event of an accident, CRGA will be responsible for the following:

Liability shall be limited to proven damages, and CRGA shall not be liable for indirect or insufficiently proven damages, as well as any type of non-compensable damages.

CRGA is not liable for damages resulting from compliance with the law, official regulations, ordinances or requirements, or the Passenger’s failure to comply with them.

The General Conditions of Carriage also apply to CRGA authorized Agents, employees and representatives, to the same extent as they apply to CRGA. The amount recoverable by CRGA, its Agents, employees, representatives and authorized persons, shall not exceed the amount of CRGA’s liability, if any such liability exists.

10.2 PERSONAL INJURY

CRGA will be liable for damages suffered in the event of death, injury or other bodily injury suffered by a Passenger if the accident that caused such damage occurred on board the aircraft, while the Passengers are boarding or exiting the aircraft, and must be maintained without prejudice to the CRGA liability exclusions in the event that (I) death, injury or other bodily injury were the result of the physical or mental condition of the Passenger, and that already existed prior to boarding; or (II) if the damage was caused or promoted by negligence of the Passenger or by his/her health before boarding the flight.

Financial limits to liability for passenger injury or death include damages up to $100,000 per passenger. Above that amount, the airline can only contest a claim if it can prove that it was not negligent or otherwise at fault.

The recoverable amount shall cover the reparation of the damage, as determined in a non-contentious amicable agreement, in accordance with the opinion of experts or a competent court.

CRGA will compensate the Passenger for recoverable damages only for the portion that exceeds the amounts received from a public social security agency or similar institution.

CRGA reserves the right to take recourse action against third parties, including, without limitation, the right to subsidy and compensation.

In the event of death, wounding or other bodily injury as a result of an air accident, the person(s) are entitled to compensation, when deemed necessary by the relevant authorities.

11. ADDITIONAL IN-HOUSE AND THIRD-PARTY SERVICES

CRGA offers a wide range of additional services that are offered to Passengers during the booking process and allow them to tailor the airline’s offerings to their needs.

CRGA has signed agreements with external companies to offer Passengers other services, besides air transportation, such as hotel reservations, activities or car rental. For services contracted by the Passenger other than flights, the terms and conditions of the third parties providing such services shall only govern such services. CRGA will not accept any liability for failure of such third parties to provide the aforementioned additional services.

12. GENERAL PROVISIONS

No agent, employee or representative of Carrier is authorized to alter, modify or waive any of the provisions set forth in this Agreement.

The Passenger may store this Agreement in electronic format.

If any term or condition of this Agreement is declared illegal or invalid, the remaining provisions of this Agreement shall remain valid.

13. LEGAL JURISDICTION

Notwithstanding the provisions of the regulations in force, these General Conditions of Carriage shall be governed by Costa Rican Law.

Any dispute that may arise in connection with the General Conditions of Carriage set forth herein shall be subject to the “non-exclusive jurisdiction” of the Costa Rican courts.

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