General conditions of the contract for the carriage of passengers

1. Definitions

  • “Ticket” refers to the locator number and, if applicable, luggage registration voucher issued by or on behalf of the Carrier, which entitles the holder or the passenger to travel from the origin to the destination under the terms and conditions contained therein and in these General Conditions of Carriage.
  • “General Carriage Conditions” or “Conditions” means the general conditions of the passenger and luggage air transport contract set out herein.
  • “Passenger”: any person who holds a ticket, excluding members of the flight crew.
  • “Point-to-Point flights” refers to a flight made up of a single Segment; i.e. there is no scheduled stopover on the route.
  • “Segment” refers to a journey between a consecutive take-off and landing.
  • “Carrier” or “CRGA” means Costa Rica Green Airways Ltda, a company whose registered office is in the Domestic Terminal of the Juan Santamaria International Airport in San Jose, Costa Rica. In accordance to IATA, laying down detailed measures for the implementation of the 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 in which CRGA shall carry the Passenger and their baggage to the destination specified on the Ticket and provide, if applicable, other services relating to the aforementioned air carriage.
  • All carriage undertaken 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 tariff applied and its conditions; (iii) the provisions that appear in the General Conditions of Carriage set out herein; (ii) the particular and special conditions that, where appropriate, may be applied to a group of Passengers or to one or more thereof on a case-by-case basis, respectively; and (iii) the regulations that may be applicable at any given time. The General Conditions are available to Passengers on the Carrier’s website (www.costaricagreenair.com ), and a copy can be obtained at the registered office of CRGA.
  • None of these Conditions of Carriage shall invalidate any of the Passenger’s rights provided for by applicable legislation.
  • If the Passenger purchased their Ticket with the help of or through a third party, the latter shall be liable for providing the Passenger with a copy of these General Conditions as well as notifying the Passenger of any contingencies that arise in relation to their flight, unless – in this last case – the email address that appears in the booking pertains to the Passenger. CRGA shall not be held liable for any consequences affecting the Passenger should the third party through whom the booking was made fail to fulfil the obligations set out herein.

3. Ticket

3.1 General Provisions

The Ticket shall only be valid for the flight specified therein and for the person who appears as the Passenger. The Ticket is non-transferrable and may not be disposed of to third parties.

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

If a passenger exceeds 200 pounds of weight, without baggage and hand luggage, CRGA will requiere that the passenger purchases a second ticket, upon availability, to be able to board the flight. If the passengers weight over 200 pounds is not disclosed before the check in process, the second ticket has not been purchased previously and there is no more ticket availability for that flight in particular CRGA is entitled to put the passenger on hold for upcoming flights with space availability. CRGA reserves the right to fly passengers that have not previously disclosed a weight over 200 lbs and have not purchases a second ticket.

3.2  Non-cancellable ticket

Once the booking has been made through the corresponding payment, the ticket cannot be cancelled by the Passenger, whereby the price paid shall not be refunded except in cases expressly provided for herein, such as the exceptional circumstances contemplated in Point 4.5.

4. Fares

4.1 General

The price of the Ticket only includes carriage from the departure airport to the destination airport. The price of the Ticket does not include land transport services between airports, nor between the airports and/or terminals of the destination city.

The prices of CRGA Tickets are dynamic and depend on the retail channel.

4.2 Taxes and administration fees

  • CRGA prices always include fuel surcharges – where applicable – and the taxes established by each airport authority. Any other charges for optional services will be stated specifically and must be accepted by the Passenger before payment is made. Fees and taxes are governed by decisions beyond the Carrier’s control and are subject to constant modifications and reviews, which may occur after a ticket has been purchased. If there is an increase in a fee or tax after the ticket has been purchased but before the Passenger has flown, and if CRGA decides to review the price by transferring the increase to the Passenger, s/he may either (i) pay the difference with regard to the fees shown at the time of purchase by expressly authorising CRGA to charge the increase or the difference to the same credit card used to pay for the Ticket if this was the form of payment employed, or (ii) terminate the contract of carriage. In any case, CRGA is entitled to cancel the bookings of any Passengers who have not expressly chosen any of the options offered by the company and have therefore not paid the difference in fees before flying.

4.3 Currency

  • The price and additional services are payable in USD (United States Dollars).
  • However, CRGA may accept other currencies at its discretion. In such cases, CRGA shall be entitled to set the exchange rate taking into account the price of the currency on international markets and, if applicable, other additional objective criteria, such as administration fees.

4.5 Exceptional circumstances

A Passenger who is unable to travel due to exceptional circumstances is required to submit a claim and a copy of any supporting documentation (for example, the death certificate in the event of the passing of parents, children, spouse or civil partner) to CRGA’s customer services team either by email or by filling in a web form online.

On receipt of this claim, CRGA will assess the expediency of issuing a credit, refund or ticket change in light of the exceptional circumstances in question.

Specifically, in the event of hospitalisation or the death of a family member, ONLY A MEDICAL OR DEATH CERTIFICATE, respectively, will be accepted as proof and in any case must be submitted within 7 working days of the situation occurring. Claims received after this period will not be admitted, except in the event of force majeure, and in any case the claimant must have notified CRGA by telephone prior to the departure of the flight affected.

We recommend that Passengers take out appropriate travel insurance to cover this type of eventuality.

4.6 Invoicing

CRGA shall issue Passengers with invoices when expressly requested via the Internet or by phone.

4.7 Other

CRGA shall not be liable for any additional charges made by the entity that provides the specific payment method for the Passenger.

5. Seat Reservation

5.1 Requirements for the booking

The seat reservation for a flight shall be confirmed once the Carrier issues the Ticket without requiring subsequent confirmation of the reservation.

5.2 Changes to a booking

  • The Passenger shall be entitled to make flight changes and name error corrections within 24 hours after the booking was issued with no penalty.
  • Without prejudice to the provisions of General Conditions regarding Fares, Passengers may change the date and time of the flight (subject to seat availability) providing 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 shall not be refunded.
  • A change of passenger is only permitted once the corresponding charge has been paid as well as 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 shall not be refunded. The name of the Ticket holder in a booking for any type of Ticket must be the same for all of the included journeys. Therefore, the Ticket holder may not be changed if any of the journeys included in the booking have already been completed.
  • Any changes to the booking that involve the date, time or passenger must be made up to 2 hours before departure. Changes to the date and time can be made via the website or through Customer Services. Passenger changes can only be made by calling Customer Services. These changes can also be made at the airport Sales Desk up to 40 minutes before departure. Tickets issued through other sales channels or in accordance with other fares may have different conditions regarding changes.

5.3 Payment

  • The price of the Ticket, along with all charges relating to the booking must be paid in full upon confirmation of the booking. If payment is not verified, the contract of carriage shall not be considered valid and we shall cancel the booking without prior notice.

5.4 Passengers with reduced mobility and Passengers with plaster casts

It is the responsibility of each airport to provide assistance for passengers that are disabled or have reduced mobility. CRGA, providing the Passenger notifies us as at least 48 hours before departure, will make sure 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 a map of the airport in order to locate the closest meeting point.

At no additional charge, CRGA shall provide the assistance for Passengers with reduced mobility who have stated their need for special assistance and who are departing from, arriving at or travelling through an airport included in the journey specified on a Ticket.

Passengers with a leg in plaster may fly as long as they provide a medical certificate that proves that the plaster cast was applied more than 24 hours earlier and under the following conditions:

  • If the Passenger is wearing a plaster cast below the knee, they must reserve two seats.
  • If the Passenger is wearing a plaster cast that reaches the groin, they must reserve three seats.

6. Times, connections, delays, diversions, changes, flight cancellations and Passengers refused boarding

6.1 Connections

If the Passenger purchases one or more Point-to-Point flights, it is the responsibility of the Passenger to allow sufficient time to collect their baggage from the first flight (if applicable), check it in again, go through the security control and reach the boarding gate of the second and/or subsequent flight. Each Point-to-Point flight constitutes a separate contract of carriage. Therefore, CRGA shall not be held liable for missed connections. CRGA shall not be held liable if a Passenger misses a connecting flight for reasons attributable to the Passenger.

6.2 Delays, Cancellations and Overbooking

  • If a Passenger is affected by any of these eventualities, CRGA will manage it in a case by case manner, keeping in mind our commitment with great customer service. You can talk to our representatives at the counter or call our Customer Service line.

6.3 Dispute Resolution

If you would like to make a complaint please contact our customer relations team who can be contacted here.

7. Check-in and administrative requirements

7.1 Check-in deadline

  • Passengers must arrive at the airport in sufficient time with respect to the scheduled departure of their flight in order to complete all official formalities and, where applicable, check in their luggage. The check-in desks open one hour before, and close 15 minutes before, scheduled departure (even if the flight is delayed).
  • After this period, no luggage shall be accepted and no boarding passes issued. Once the check-in deadline has passed, the Carrier is entitled to transfer the seats pertaining to Passengers with a booking and no advanced boarding pass who have failed to identify themselves at the corresponding check-in desk or at any other place specified by the Carrier within the check-in deadline to Passengers on the waiting list pending acceptance.

7.2 Check-in

  • To check in luggage, Passengers must present the corresponding Ticket or booking number as well as a document that legally proves their identity. The Carrier reserves the right – for itself or third parties – to identify the Passenger by other means if it considers the documentation presented to be insufficient or if there is any doubt as to the identification or the validity of the documentation provided.

7.3 Boarding

  • Boarding begins 20 minutes before departure. The boarding gate closes 10 minutes before departure time. The Carrier reserves the right to cancel the seat allocation and the booking of those Passengers who fail to board at least 10 minutes before scheduled departure. Passengers who arrive late at the check-in desk shall not be allowed to board, shall not be entitled to compensation for denied boarding and shall be liable for any damages to CRGA in the event that their luggage must be located and taken off the plane due its having been checked in by a Passenger who failed to arrive at the boarding gate before the specified deadline.
  • Whenever possible, families travelling with children, Passengers in wheelchairs and Passengers with reduced mobility shall be given priority for boarding.

7.4 Travel documents

  • The Passenger will be responsible for obtaining, maintaining in their keeping and presenting when required, all entry and departure documentation required for countries from which, to which, or over which they are being transported, as well as health documentation or other documentation that could be demanded in such countries. The Carrier reserves the right to refuse to transport any Passenger who has not complied with such applicable laws, regulations, rules, demands or requirements, or whose documents do not comply with the former, in the Carrier’s judgement, or the judgement of authorities in the departure or arrival country.

7.5 Denied entry to a country

  • If, for any reason, a public authority in the countries to which, from which or over which carriage is undertaken should deny a Passenger entry into the country, including transitory, the Passenger shall pay the transport cost for their return to the airport of origin or to 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 be held liable for this Passenger’s baggage.

7.6 Passenger Liabilities

  • In the event that the Carrier has to pay a fine or penalty or incur any expenses due to a breach on the part of the Passenger and their baggage (customs, police, etc.) of any laws, demands or other travel-related requirements of the countries to which, from which or over which carriage is undertaken, the Passenger shall, upon request from the Carrier, reimburse the amount paid or expenses that have been or will be incurred by the Carrier.

8. Right of the carrier to deny the carriage of passengers and carriage restrictions

8.1 Right of the Carrier to deny Passengers carriage

The Carrier reserves the right to deny, at any time, carriage of a Passenger who holds a Ticket if, in the Carrier’s judgement:

  • It is necessary or appropriate for reasons of public safety.
  • It is necessary or appropriate in order to comply with applicable laws or regulations in a country of origin, destination or stopover.
  • It is necessary or appropriate due to the Passenger’s behaviour, condition, age or mental or physical condition.
  • It is necessary or appropriate in order to avoid serious harm, inconvenience or distress to fellow Passengers or the crew.
  • It is necessary or appropriate because the Passenger has previously and repeatedly breached the Carrier’s rules.
  • The Passenger has provided the Carrier with a document (a) acquired in an allegedly illegal manner, (b) that has been reported as lost or stolen, or (c) that is allegedly false or contains changes or alterations of any kind not made by the Carrier. In such cases, the Carrier reserves the right to withhold the aforementioned document(s).
  • The person who presents him/herself at the Carrier’s check-in desk is not the Ticket holder. In such a case, the Carrier reserves the right to withhold the aforementioned Ticket.
  • The Passenger is unable to prove that the Ticket is paid for in full, has requested that the credit card payment be cancelled, or there is a suspicion of fraud.

8.2 Transport restrictions

  • Pregnant women: The carrier agrees to carry women who are up to 27 weeks pregnant (inclusive) may travel without a medical certificate. When the journey takes place between weeks 28 and 35 of the pregnancy (both inclusive), the original doctor’s permission must be provided stating that the passenger is fit to fly, the period of validity and the doctor’s registration number and signature. Women who are at week 36 (32nd in the case of multiple pregnancies without complications) or more of their pregnancy may not travel.
  • Minors: CRGA does not offer Unaccompanied Minor service (UM). Minors under 12 years of age cannot travel without a responsible companion over 18 years of age.
  • For safety reasons, babies less than 7 days old will not be admitted on board. Children between 7 days and 2 years of age (1 year + 364 days) must travel on their parent’s lap. CRGA will provide the FAA approved child safety harness for kids traveling on their parent’s lap, in necessary cases.Pushchairs and cots may not be taken on board.
  • At any time, both CRGA and the local authorities at the departure or destination airport are entitled to demand all documentation relating to a baby or minor who intends to travel, and we therefore recommend that you keep this documentation close to hand.
  • Minors over 12 years of age will only be admitted on board if they are carrying a valid identity card or passport in their name. Minors under 12 years of age are also required to carry a passport or identity card, they need to be accompanied by at least one parent.

9. On-board conduct and extended use policy for electronic devices on-board

  • If, in the opinion of the Carrier, the behaviour of a Passenger on board may be endangering the plane or any person or items on board, or is hindering the crew in the performance of their duties, or the Passenger ignores any instructions given by the crew, or threatens, is abusive towards or insults any member of the crew, or behaves in a scandalous manner or in any way that may be deemed offensive towards fellow Passengers, the Carrier is entitled to take whatever measures it considers necessary in order to prevent such behaviour from continuing, including expulsion from the plane. CRGA shall subsequently exercise all legal (criminal or civil) actions to which it has the legal right.
  • For the security of passengers and crew, and pursuant to the Law on Civil Protection of the Right to Honour, Personal and Family Intimacy and one’s own image, it is forbidden to take videos or photographs of any member of the crew or passengers, unless they have obtained prior authorisation and their express consent to do so. Any member of the crew may request the deletion of images or videos taken unlawfully or without due consent.
  • If, as a result of the Passenger’s behaviour on board the plane, the captain thereof decides, by reasonable decision, to divert the plane in order to remove the passenger, this Passenger shall pay the Carrier all costs derived from this diversion.
  • It is forbidden to consume alcoholic drinks, unless acquired on board.

Use of electronic devices on-board

Passengers will be allowed to use the following electronic devices (“PED”) on-board CRGA aircraft:

  • Mobile phones (“smartphones”);
  • Tablets;
  • Electronic headphones that reduce external noise;
  • MP3, MP4 and similar devices, as well as digital music players;
  • Small electronic game consoles;
  • Laptops and notebooks;
  • E-readers;
  • Personal digital photographic and video cameras (excluding professional cameras). Use permission does not include taking photographs of crew members or any element of the aircraft;
  • Cordless headphones (except during taxiing, take-off and landing).

Notwithstanding the above, the aircraft crew may, at any time, order all electronic devices be switched off and stowed away (even if they have “flight mode”).

10. Liability for human and material damage

10.1 General considerations

  • In case of accident, CRGA shall be liable for the following:
    • Liability shall be limited to proven damage and CRGA shall not be held responsible for indirect or insufficiently proven damage, as well as any kind of non-compensatory damages.
    • CRGA is not liable for any damages resulting from its compliance with the law, official regulations, ordinances or requirements, or breaches thereof on the part of the Passenger.
    • The General Conditions of Carriage also apply to authorized Agents of CRGA, employees and representatives, in the same degree as they apply to CRGA. The sum recoverable by CRGA, as well as its Agents, employees, representatives and authorized persons, shall not exceed the sum corresponding to CRGA’s liability, should such liability exist.
    • Any action in court to claim damages must be brought within one year from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

10.2 Personal injury

  • CRGA shall be liable for damage sustained in the event of death, wounding or other bodily injury suffered by a Passenger if the accident that caused the damage occurred on board the plane or while the Passengers are boarding or exiting the plane, and should be held without prejudice to CRGA’s exclusions from liability in the event that (i) the death, wounding or other bodily injury was a result of the physical or mental condition of the Passenger and which already existed prior to boarding; or (ii) if the damage was caused or fostered by negligence on the part of the Passenger or by their health prior to boarding the flight.
  • The financial limits to the liability for Passenger injury or death, include, for damages up to $100.000 per Passenger. Above that amount, the air carrier can only contest a claim if it can prove that it was not negligent or otherwise at fault.
  • The recoverable sum shall cover the redress of the damage, as determined in a non-contentious amicable settlement, according to expert opinion or a competent court.
  • CRGA shall compensate the Passenger for recoverable damages only for the part in excess of the amounts received from a public social security body or similar institution.
  • CRGA reserves the right to take recourse action against third parties including, without limitations, the right to subsidy and compensation.
  • In the event of death, wounding or other bodily injury resulting from an air accident, the person(s) entitled to compensation, when identified necessary by the relevant authorities.
  • Any claims must be brought within one years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

11. Own and third party additional services

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

CRGA has signed Agreements with third party companies to offer Passengers other services, separate from air carriage, such as hotel bookings, activities or car hire. In these cases, with regard to services contracted by the Passenger other than flights, the terms and conditions of third parties supplying such services will be the sole ones governing such services. CRGA will not accept any responsibility for noncompliance of such third parties in providing the aforesaid additional services.

CRGA has standing agreements with third party companies to offer Passengers services other than those relating to air carriage, such as hotel reservations, activities, car hire, among others. In such cases and with respect to services taken out by Passengers in addition to the flight, these shall be governed by the terms and conditions of the third parties that provide the services, and CRGA shall not be held liable for non-fulfilment on the part of the third parties in the rendering of the aforementioned services.

12. General Provisions

No agent, employee or representative of the Carrier is authorized to alter, modify or renounce any of the provisions set out in this Contract.

This Contract may be stored by the Passenger in electronic format.

Should any of the clauses or conditions of this Contract be declared illegal or invalid, the remaining provisions of the Contract shall remain valid.

13. Legal Jurisdiction

Without prejudice to the provisions of current regulations, these General Conditions of Carriage shall be governed by Costa Rica’s Law.

Any disputes that may arise in relation to the General Conditions of Carriage set out herein shall be subject to the “non-exclusive jurisdiction” of Costa Rican courts.

Copyright © Costa Rica Green Airways 2018

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