The provisions of this agreement (hereinafter referred to as “Agreement”) are subject to the Civil Code (Law no. 10.406, dated January 10, 2002), to the Brazilian Aeronautic Code (“CBA”) (Law no. 7.565, dated December 19, 1986), the 1999 Montreal Convention (in case of international transport), Law no. 8.078/90 – Consumer Defense Code, Resolution no. 400, dated December 13, 2016 and Resolution no. 280, dated July 11, 2013, the last two issued by the National Civil Aviation Agency (“ANAC”), as well as other applicable provisions in effect, which govern the services of air transportation of passengers and their baggage by AZUL LINHAS AÉREAS BRASILEIRASS/A (“AZUL”), a company headquartered at Avenida Marcos Penteado de Ulhôa Rodrigues, nº 939, 9º andar, Edifício Castelo Branco Office Park, Torre Jatobá, Tamboré, Municipality of Barueri, State of São Paulo, CEP 06460-040, duly enrolled with the CNPJ/MF under nº 09.296.295/0001-60. In the case of flights to or from the United States, the provisions of this Agreement shall apply except to the extent that any of such provisions are inconsistent with any applicable regulations of the United States Department of Transportation.
1. GENERAL PROVISIONS AND DEFINITIONS
1.1 The airfare ticket, whether issued by physical or electronic means (“Airfare Ticket”) and the baggage claim tag ( “Tag”) are made an integral part of this Agreement.
1.2 The term “Passenger” means the user of the air transportation services provided hereunder.
1.3 The term “Individual with a Disability” means an individual or Passenger who has a physical or mental impairment that substantially limits one or more major life activities on a permanent or temporary basis, or who has a record of such an impairment, or, for the purposes of international travel between Brazil and the United States is regarded as having such an impairment as further defined in U.S. Department Transportation regulations, 14 C.F.R. Part 382.3.
1.4 The term “Law” refers to all applicable laws in effect in any jurisdiction, orders, decrees, rules, regulations, licenses, and permits issued by any competent government authority.
1.5. The term “Domestic flight” refers to every flight whose points of departure, stop and destination are located in Brazil. “International flight” refers to every flight in which one of the points of departure, stop or destination is located in a country other than Brazil.
1.6. A copy of this Agreement is available to Passengers and other interested parties from AZUL’s airport counters, shops, and ticket offices as well as electronically from the following website: www.voeazul.com.br (“the Website”).
1.7. The purchase of an Airfare Ticket by the Passenger, in any of the manners described below, namely: i) through the Website; (ii) from the “Customer Relations Center”, by telephone # 4003.1118 (state capitals and metropolitan regions) or 0800.887.1118 (other locations); and (iii) from any AZUL shop or other AZUL authorized sales representatives, shall constitute his/her express agreement to the provisions set forth in this Agreement.
1.8. No agent, employee or representative of AZUL is authorized to amend, modify, supplement or waive any provision set forth herein.
1.9. The provisions herein may be amended pursuant to the applicable laws in effect at the time the services are rendered by AZUL.
2. AIRFARE TICKET – CHANGE, CANCELLATION AND REFUND
2.1. The Airfare Ticket is personal, non-transferable, and non-endorsable, being intended exclusively for the transportation of the Passenger named thereon. The Airfare Ticket is valid for one year from the issuance date, except as otherwise provided in the Airfare Ticket.
2.2. The Passenger and his/her agents or representatives are the sole parties responsible for the correct completion of Passenger data at the time of the reservation.
2.2.1. Any changes, substitutions or inclusion of characters in the Passenger’s name or other record data, arising out of mere mistakes, may be requested by contacting the Customer Relations Center, or by request at AZUL’s airport counters or other ticketing locations. Such changes will be processed upon presentation of a document evidencing the correct name or other record data, prior to departure, with due compliance with the time for arriving for check-in in accordance with Section 3 of this Agreement, as well as maintenance of the title to the ticket.
2.2.2.. For purposes of completing the Passenger’s data at the time of booking, it is hereby explained that “Son”, “Nephew”, “Grandson” and similar terms shall be entered in the proper box and must be preceded by a family name.
Whenever boarding is denied due to non-compliance with the foregoing, AZUL will endeavor to rebook the Passenger on the next available flight, but reserves the right to declare a “no-show” (with the consequences set forth in Section 3.3 of this Agreement), at AZUL’s discretion.
2.3. The Airfare Ticket is subject to the tariff rules applicable at the time of the purchase. Passengers are required to comply with all tariff terms and conditions, including those governing cancellation, refund, credit and change. The tariff rules are available from the Website or by request at AZUL’s airport counters or other ticket offices.
2.4. A reservation shall only be deemed “confirmed” when payment for the Airfare Ticket has been made. AZUL may refuse to transport the Passenger if the applicable fare has not been fully paid and/or if the Airfare Ticket has been purchased from a non-authorized point of sale, on a fraudulent basis, or has been purchased in violation of applicable Law.
2.5. If the Passenger pays for an Airfare Ticket by credit card, AZUL will request credit card authorization from the Passenger’s credit card issuer. In the event the result of such authorization is negative, the reservation will be automatically suspended until the Passenger provides AZUL with another valid form of payment among those listed as accepted in the Website. If the Passenger cannot provide any other form of payment to purchase the Airfare Ticket within twenty-four (24) hours after the notice of irregularity is sent or within four (4) hours before the boarding time, whichever occurs first, the reservation will be cancelled.
2.6. The Passenger may cancel a confirmed reservation, provided he/she does so at least two (2) hours in advance of the scheduled boarding time.
2.6.1. If the Passenger cancels a confirmed reservation, cancellation fees may be charged pursuant to the tariff rules applicable to the Airfare Ticket. The tariff rules are available to passengers from the Website, the Customer Relations Center and Azul’s ticket offices. Upon cancellation, the payment balance remaining after assessment of any applicable cancellation fee shall be held as credit for future use with AZUL, unless the applicable tariff rule provides for a full refund to be made at the Passenger’s request.
2.7. In the event that the Passenger requests changes to the itinerary or original time of the flight, a fee may be charged for the change, as well as any difference in fare for the new flight, in accordance with the tariff rules governing the Airfare Ticket.
2.8. The refund of the Airfare Ticket will be made to the Passenger named thereon in one of the following manners: (i) refund of the amount paid in the same manner as the payment was effected, or (ii) nontransferable credit for purchase of another Airfare Ticket. The amount of the refund will be equal to the price of the flight portion not used by the Passenger, less the applicable service fee set forth in the tariff rules governing the Airfare Ticket purchased by the Passenger.
2.8.1. No refund will be made for the amount of the Airfare Ticket in the following cases: (i) with respect to that portion of the flight not used by the Passenger in the case of a missed connection, if the connection is arranged by the Passenger himself, between flights that are not part of a connection offered by AZUL; (ii) in case of interruption of the trip at a stop airport by the Passenger’s initiative, or due to compulsory deboarding from the aircraft in the cases mentioned in section 5; or (iii) for nonrefundable promotional fares.
2.9. If the Airfare Ticket is cancelled by the Passenger or Purchaser (individual and/or legal entity other than the Passenger that purchased the Ticket), a cancellation fee may be charged, pursuant to the tariff rules applicable to the Airfare Ticket. The tariff rules will always be made available at the time of the purchase from the Website and Customer Relations Center.
2.10. The Passenger and/or Purchaser may choose, in lieu of a refund, to hold the amount of the refund as a credit for the period of one (1) year, counted from the issue date of the Airfare Ticket, provided that the Airfare Ticket has been purchased directly from AZUL. If the Airfare Ticket has been purchased from a travel agency, the Passenger and/or Purchaser will only be entitled to a refund or rebooking on another flight.
2.10.1. The Passenger’s and/or Purchaser’s credit shall remain effective for a period of one (1) year counted from the issue date of the Airfare Ticket, as set forth in article 228 of the Brazilian Aeronautic Code. During this period, if the credit available is insufficient to purchase another Airfare Ticket, the Passenger and/or Purchaser will be required to supplement the amount necessary to purchase another Airfare Ticket, or request, during such period, a refund of his/her credit, as provided for in this Agreement.
2.11. The refund of a ticket purchased at a promotional rate will be subject to any restrictions set forth in the applicable conditions, under the terms of Article 29, of ANAC Resolution no. 400. For international flights, the refund of the ticket will be consistent with the requirements of the U.S. Department of Transportation.
2.12. If an Airfare Ticket is issued in the name of a minor or a civilly disabled person, or an Individual with a Disability, any refund may be made to the Passenger’s legal representative.
2.13. Airfare Ticket refund conditions for charter flights shall be provided for in the respective agreement.
2.14. In the event of a lost purchase receipt, AZUL shall issue a new purchase receipt, the valid term of which shall correspond to the lost receipt, as originally purchased.
3. SHOWING UP FOR BOARDING / NO-SHOW / WAITING LIST
3.1. The Passenger must check-in at least sixty (60) minutes before the scheduled departure time for domestic flights, and at least one hundred and eighty (180) minutes before the scheduled departure time for international flights; in all cases carrying all the necessary personal travel documents, as set forth in section 4.
3.2. Any Passenger who fails to check-in within the times mentioned in section 3.1, or who fails to present the necessary personal travel documents at the time of check-in, will be deemed as a “no-show”. In the event of a “no-show,” AZUL shall be entitled to (1) cancel the flight reservation, thus denying boarding of the Passenger for the flight shown on the Airfare Ticket and (2) rebook the Passenger for a flight on another date, subject to availability of seats on the relevant flight, pursuant to the applicable tariff rules. In either case, a “no-show” fee may be applied, pursuant to the tariff rules, and the subsequent flight portions shall be cancelled. The residual value, corresponding to the total value of the Airfare Ticket less the value of the possible no-show or cancellation fee shall be held as a credit, until a refund is requested or the Passenger is rebooked within a period one year from the reservation date. In the case of rebooking, the Passenger shall pay any tariff differences in addition to the amount of the fee. The payment of the applicable amounts shall be due in accordance with the tariff rules in effect at the time of the purchase, as available from the Website, the Customer Relations Center and Azul’s ticket offices.
3.3. The seat of a Passenger who is deemed a “no-show” pursuant to Section 3.3 may be occupied by a Passenger whose name was placed on a waiting list.
3.3.1. AZUL will open waiting lists, to be filled pursuant to its internal criteria, whenever the total reservations reach the limit of the aircraft seats. Waiting list names will be called 30 minutes before the flight departure time for domestic flights and 1 hour before the flight departure time for international flights, whenever there are available seats. AZUL does not warrant that the individuals who have been placed on the waiting list may board the respective flights.
4. VISAS AND TRAVEL DOCUMENTS
4.1. The Passenger must present a personal identification document, with a picture, at the time of check-in in accordance with the aeronautic authority requirements. The following documents shall be accepted for domestic flights (original or certified copy), pursuant to ANAC Resolution no. 400:
4.1.1. Brazilian passengers:
(i) Identification Card – RG, issued by the Public Security Department of the Brazilian states or Federal District;
(ii) Identification Cards issued by the ministries and agencies subordinated to the President of the Republic;
(iii) National Driver’s License (with picture);
(iv) Professional Cards issued by the respective Professional Boards or Federations;
(v) Employment Booklet;
(vii) Identification card issued by The Judiciary or The Legislative, at federal or state level;
(viii) Pilot, crew member, flight mechanic and flight operating dispatcher license issued by ANAC; or
(viii) Other identification document with picture and having public faith in the whole domestic territory.
4.1.2. Foreign and international passengers:
(ii) National Foreigners Record – RNE;
(iii) Diplomatic and Consular Identification Cards
4.1.3. Children (up to 12 years old): certificate of birth or one of the valid documents for boarding, as provided for in item 4.1.1, and a document proving the parental relation or kinship with the person appearing as responsible for the child, with due compliance with other requirements set forth in the Children Statute or Youth Statue and by the Juvenile Court at the departure location.
4.2. For international travel, a valid document authorizing entry into the country of destination shall be presented, valid for at least six (6) months from the date of return to the origin country, in addition to a visa valid until the date of return to the origin country, where necessary and required by the destination country.
4.2.1. If the Passenger is accompanied by a child less than eighteen (18) years old, in addition to the minor’s passport or other valid travel document, an authorization by the other spouse (if the latter is not present on the same flight) or a court authorization shall be required, without prejudice to compliance with the provisions of applicable Law at the place of the departure, including but not limited to the regulations of the National Justice Board, the orders of the Juvenile Court at the place of departure, as well as the instructions of the Federal Police.
4.3. If the Passenger fails to present the mandatory and valid identification documents described above, the flight reservation will be cancelled and the Passenger will be prohibited from boarding the aircraft. Furthermore, failure to present the required identification may result in denial of entry by the immigration authorities at the destination country.
4.4. Passengers whose entry is denied at any state, country or territorial border shall be responsible for paying any fine or charges imposed on them, or on AZUL, in addition to the cost of his/her transportation back to the origin country. Any such cost may be deducted by AZUL from the amount paid by the Passenger.
4.5. The Passenger acknowledges that he/she supplied personal data to AZUL in connection with his/her reservation, issue of Airfare Tickets and related services, and that such data may be requested by government authorities from certain locations, for which reason he/she authorizes the transmission of such data by AZUL to its subsidiaries, affiliates, branches or offices, as well as to authorized agents, financial institutions and other credit card companies, government departments or other air carriers.
5. PASSENGER’S OBLIGATIONS
5.1. The Passenger must abide by the notices, disclosed by any means of transmission, including written or verbal communications, as applicable, made by the crew and the airport agents. Within this context, the captain of the aircraft exercises authority over the people and property carried on board, and is authorized to:
5.1.1. Prevent the boarding of any Passenger who is under the influence of alcohol, illegal drugs or prohibited substances.
5.1.2. Prevent the boarding of any Passenger who is not properly dressed or wearing proper footwear suitable for air travel; and
5.1.3. At the first stop, order the disembarkation of any Passenger who:
126.96.36.199. fits in with one of the situations mentioned above;
188.8.131.52. bothers the other passengers;
184.108.40.206. refuses to obey the instructions given by the crew;
220.127.116.11. endangers the order or discipline aboard the aircraft;
18.104.22.168. places the safety of the aircraft at risk;
5.1.4. Take any and all actions necessary for protecting the aircraft and the people and baggage carried.
5.2. The Passenger also has the following duties:
5.2.1. to carry all documentation needed to board the aircraft and to disembark, complying with the documentation rules related to boarding and disembarkation of unaccompanied minors and passengers requiring special assistance;
5.2.2. to refrain from actions that may cause any risk, discomfort or harm to the other passengers;
5.2.3. not to smoke onboard the aircraft;
5.2.4. to turn off sound, electronic and telecommunications equipment that may interfere with the operation of the aircraft or which may disturb the peace of mind of the other passengers;
5.2.5. not to take alcoholic beverages other than those made available from AZUL’s onboard service;
5.2.6. not to carry dangerous articles or hazardous materials in the baggage or in any other manner;
5.2.7. not to store hand-carried luggage in passageways or in places which may hinder access to emergency exits;
5.2.8. not to transport hand-carried or checked-in luggage belonging to third parties, or the contents of which are unknown to him/her;
5.2.9. to keep under his/her safekeeping and watchful eye all his/her luggage, which must be properly identified, as long as he/she remains inside the passenger terminal; and
5.2.10. to use the Airfare Ticket and abide by the itinerary purchased, with due regard to the order of the flights and conditions set forth in the tariff rules.
5.3. Access to restricted security areas will be denied to Passengers, as well as to the aircraft itself if the Passenger refuses to go through civil aviation security inspection procedures, including for international Passengers, those procedures performed by the U.S. Transportation Security Administration.
5.4. If the Passenger refuses to obey instructions on board, AZUL shall be entitled to call the Federal Police or other competent police agency in order to ensure the security of the other Passengers on board.
6.1. General Provisions
6.1.1. Checked baggage is deemed to be any and all baggage delivered by the Passenger at the check-in counter and transported in the aircraft cargo hold by AZUL. The performance of the terms of the baggage carriage contract incorporated herein starts upon the delivery of the baggage from the Passenger to the air carrier that is operating the flight and is terminated upon the receipt of such baggage by the Passenger.
6.1.2. As evidence of transport of the baggage, AZUL shall provide the Passenger with a baggage receipt or baggage claim tag, showing the issue date, the point of destination, the number of the baggage receipt and the number of pieces of baggage checked.
6.1.3. The receipt of the baggage by the Passenger, without his/her claiming of any damages by completing a Property Irregularity Report (“PIR”) for such purpose, constitutes prima facie evidence that the baggage was delivered is in good order.
6.1.4. Hand-carried baggage is the baggage not checked by the Passenger, containing exclusively personal use articles.
6.1.5. If the baggage, due to its weight, size or type, is deemed to be unsuitable or unsafe for carriage in the aircraft, AZUL, at is sole discretion, may refuse to carry it in whole or in part.
6.1.6. If the Passenger has connections at international airports, the Passenger shall abide by all applicable local laws and regulations.
6.2. Baggage Allowances
6.2.1. Baggage allowance on domestic flights. Adult Passengers may transport and check, free of any additional charge, up to twenty-three (23) kilograms of baggage. The baggage allowance may not be used to transport live animals. In connecting flights, the baggage allowance to prevail is that of the smaller aircraft.
22.214.171.124. Infants (under two (2) years of age) are not entitled to a baggage allowance unless they have had a seat purchased for them. Infants may carry a baggage whose weight does not exceed ten (10) kilograms, and the sum of its dimensions (length + width + height) is not in excess of one hundred and fifteen (115) centimeters, either carried on board or checked.
126.96.36.199. A baby carriage (dismountable or fully collapsible) or a carrying basket are not included in the baggage allowance.
6.2.2. Baggage allowance in international flights. Checked baggage allowance shall be determined on a per-item basis according to the applicable tariff rule and in compliance with applicable Law.
188.8.131.52. In the case of a trip to/from the United States (including the American territories), an adult passenger or a child occupying a seat is entitled to two (2) pieces of baggage weighing not more than 32 kilograms each, in the following dimensions: length + width + height = 158 cm.
6.2.3. Excess Baggage on domestic flights. Baggage exceeding the limit set forth in section 6.2.1 above may be carried, at AZUL’s discretion, upon payment of a fee per kilo of excess baggage checked per stage. The carriage of baggage weighing more than 45 kilograms will not be permitted. Information about the applicable charges is available from the Website, the Customer Relations Center and Azul’s ticket offices.
6.2.4. Excess Baggage in international flights. The charge payable by the Passenger for excess baggage on international flights shall be determined on a per-item basis according to the applicable tariff rule and in compliance with applicable Law. Notwithstanding the payment of the respective charge, the limits determined by AZUL are as follows: 5 pieces of baggage, not weighting more than 45 kilograms each, in the following dimensions: length + width + height = 320 cm. Information about the applicable charges and additional charges for oversized, overweight or excess baggage prior to or at the check-in time is available from the Website, the Customer Relations Center and Azul’s ticket offices
6.2.5. Hand-carried Baggage on domestic flights. Passengers may carry, in addition to one item or personal bag, one single hand-carried piece of baggage free of charge, provided said piece of baggage complies with the following requirements, on a cumulative basis:
184.108.40.206. Its total weight does not exceed ten (10) kilograms;
220.127.116.11. Hand luggage: must be within the dimensions: 35 x 25 x 55 cm (length x width x height) and have a maximum of 10kg;
18.104.22.168. The objects contained in the hand-carried piece of luggage have been properly packed;
6.2.6. Hand-carried baggage in international flights. The size, weight, volume and restrictions on handcarried baggage transported on international flights may be different from those provided for in item 6.2.5 due to specific regulations or international agreements. Information regarding relevant baggage restrictions is available from the Website, the Customer Relations Center and Azul’s ticket offices.
6.2.7. Any hand-carried baggage that exceeds the number and/or weight provided above shall be transported as checked baggage in the aircraft hold and shall be subject to applicable excess baggage fee.
6.2.8. Special baggage on domestic and international flights. Irrespective of the baggage allowance set forth in the preceding clauses, the transportation of certain objects may be subject to specific charges and restrictions. Such charges may apply to the items in the following list, which is not complete and may be amended to include other items at any time. Prior to or at the check-in time, the Passenger should ask AZUL whether any of their personal items are subject to said charges and the amounts thereof.
a) Wheelchair: No excess baggage fee is charged for transport of wheelchair or medical assistive devices for Individuals with Disabilities.
b) Music Instruments: Musical Instruments may be accepted as cabin baggage provided that they fit the weight and size requirements for hand-carried baggage and that they are properly packed for transport. Otherwise, they shall be carried as checked baggage inside the aircraft hold, pursuant to the respective baggage allowance.
c) Sports Equipment: Sports equipment may be accepted as cabin baggage provided that the equipment fits the weight and sizes requirements for hand-carried baggage. Otherwise, they shall be carried as checked baggage inside the aircraft hold, pursuant to the respective baggage allowance.
c.1) Bicycles: Bicycles shall be regularly accepted as checked baggage, provided that the tires are emptied, the pedals removed and the handle bars aligned.
c.2) Windsurf Equipment (board, pole and sale) and Surf board with maximum length of cm: A maximum of 3 boards may be carried (regardless of the number of cases).
d) Electronic Equipment: Notwithstanding the provisions in sections 6.2.7. and 6.5.2., the carriage of electronic equipment is subject to payment of a specific charge and acceptance by AZUL.
6.3. Transportation of animals on domestic flights. The transportation of animals is conditioned on AZUL’s prior express authorization, upon payment of a specific fee and only accepted for transportation inside the passenger cabin. In order to transport any animal, the Passenger shall present at boarding time (i) evidence of vaccination against rabies, which must have been applied more than 30 days and less than one year before the departure date and (ii) certification of the animal’s health, provided by an appropriate official agency or by a veterinary doctor, valid for 10 days from the issue date. The presentation of the aforementioned documents shall not guarantee AZUL’s approval to transport said animal. The transportation of a dog trained to lead blind people who are totally dependent on it shall be permitted within the passenger cabin, being added to the baggage allowance free of charge, provided the documents referred to above are presented.
6.4. Transportation of animals on international flights.
6.4.1. Pets. Transportation of pets on international flights will Not be permitted at AZUL.
6.4.2. Service Dogs. AZUL will accept service dogs, including emotional support dogs, for use by an Individual with a Disability to accompany a Passenger on a flight at no charge. AZUL will accept service dogs with the presentation of an identification card, written documentation, the presence of a harness or other identification, including reasonably credible verbal assurances. AZUL will accept emotional support dogs with the presentation of current (no more than 1 year old) documentation from a qualified mental health professional that states that (a) the Passenger has a recognized emotional or mental-health related disability; (b) the emotional support dog is necessary to the Passenger’s treatment or to assist the Passenger; (c) the individual providing the assessment is licensed and that the Passenger is under the professional’s care; and (d) the date, type, and issuing jurisdiction of the mental health professional’s license. Any Passenger traveling with a service dog must notify AZUL at least 48 hours in advance of the scheduled flight. In addition, Passenger is required to present any required documentation described above at the time of check-in.
6.5. Restrictions on Transportation.
6.5.1. Materials and Substances that May not Be Transported. Without prejudice to the provisions in the domestic and/or international Law and other applicable rules, baggage, whether checked or hand-carried, may not contain: (i) 5.6.1. Alarm devices; (ii) Explosives, including empty cartridges, ammunitions, pyrotechnical materials, hunting guns, portable weapons and fireworks; (iii) Gases (flammable, non-flammable and poisonous) such as butane gas, oxygen, propane, oxygen cylinders, etc; (iv) Liquids used as lighter fluids, for heating purposes or for other applications; (v) Flammable solids such as matches and easy ignition articles; (vi) Spontaneous combustion substances; (vii) Substances which when placed in contact with water release flammable gases; (viii) Oxidizing materials such as lime dust, chemical discoloring substances and peroxides; (ix) Poisonous (toxic) and infectious substances, such as arsenic, cyanides, insecticides and defoliating substances; (x) Radioactive materials; (xi) Corrosive materials such as mercury, acids, alkaloids and batteries containing corrosive liquids; (xii) Magnetic and similar materials; or (xiii) Biological agents, such as bacteria, fungus, viruses, etc. This list is not exhaustive, and it may be expanded at any time by specific regulations, without notice to the Passenger.
6.5.2. Valuable or fragile articles may not be carried as checked baggage and must be carried as hand luggage. Such articles include, but are not limited to, money, negotiable papers, jewel, working and identification documents, keys or electronic equipment (computers, pendrives, iPods, media players, photographic cameras, filming machines, cellular phones, among others).
6.5.3. Any of the materials and substances listed above, if carried on board, may be removed from the aircraft by AZUL at any time.
6.5.4. Transportation of fire weapons on domestic flights. Passengers transporting fire weapons are required to arrive at least 2 hours in advance for compliance with safety procedures. The Passenger must carry all necessary documentation to prove that he/she is authorized to carry the relevant weapon, regardless of whether such authorization is derived from duties or rights pertaining to his/her job, and must identify him/ herself to the airport agent at the assistance counter. It is incumbent upon the Federal Police or, in the absence thereof, a public security agency charged with police duties in the airport, to check, approve and release the passenger for boarding, under the terms of article 152, §2 and article 154 of Decree 7168/10, as well as in accordance with Civil Aviation Instruction – IAC 107-1005RES, which governs “Procedures for Boarding of Armed Passengers in Civil Aircraft in the Domestic Territory”. Sports weapons must be carried as checked baggage at a proper place inside the aircraft hold. AZUL undertakes no responsibility whatsoever for the lack of documentation or lack of information which may result in delay or denial of boarding.
6.5.5. Transportation of fire weapons on international flights. Transportation of fire weapons on international flights is forbidden, except as provided for in treaties, conventions and agreements, considering the reciprocity principle, where there is express authorization by the Brazilian Government and by the Government of the country of destination of the flight, and subject to exclusive control by the Federal Police. Upon express authorization, AZUL shall transport the weapon inside the aircraft locker, regardless of the Passenger’s duty or office.
6.7. Baggage Loss or Damage. In case of baggage loss or damage, the Passenger must file a written complaint with AZUL after the discovery thereof by completing a Property Irregularity Report (“PIR”). AZUL’s responsibility for damage to baggage shall be provided for in the regulations then in effect, in relation to each Passenger, under the terms of the applicable Law – Article 32 and 33 of ANAC Resolution no. 400 - Article 260 of the CBA (Brazilian Aeronautic Code), in the case of domestic flights, and of the Montreal Convention, in the case of international flights.
6.7.1. AZUL shall not be held liable to the extent the loss or damage to the baggage result from one or more of the following facts: (i) the nature of, or defects inherent to, the baggage itself; (ii) defective packaging of the baggage by the Passenger or by third parties upon the Passenger’s request; or (iii) the Passenger’s negligence or willful misconduct.
7. AZUL’S LIABILITY
7.1. AZUL undertakes liability for actual damages caused to the Passenger and to the Baggage that occur during the term of the air transportation agreement.
7.2. Except with respect to international flights, AZUL shall not be held liable upon the occurrence of force majeure or compliance with a proven determination of an aeronautical authority.
7.3. AZUL shall be held liable solely to the extent of the legal limits set forth in the Law.
7.4. Except with respect to international flights, AZUL shall be discharged from liability for damage to the Passenger in the following cases:
a) death resulting solely from the Passenger’s health condition;
b) accident resulting from the Passenger’s sole guilt;
c) Act of God or force majeure reason.
7.5. The times, itineraries and aircraft shown on the Airfare Ticket or otherwise may be changed and/or replaced. AZUL shall, to the extent possible, notify the Passengers or travel agencies of such delays, the latter being required to notify the Passenger.
7.6. AZUL shall not be held accountable for any delays in connections caused by flights operated by other companies, except for Codeshare flights. Likewise, AZUL shall not be held accountable for delays in connections caused by reservations effected by third parties, without allowing sufficient time for accomplishing the connection. Connections arranged for by the passenger him/herself, between flights that are not part of a connection offered by AZUL, are the Passenger’s responsibility. The passenger must claim his/her baggage and proceed to AZUL’s counter for check-in in order to depart on the subsequent flight(s) at the required time(s). AZUL has no responsibility whatsoever if the Passenger fails to show-up for the subsequent check-in(s) at the required time.
7.7. ANAC Resolution nº 400 shall be complied with for domestic flights:
7.7.1. In case of delay of more than four (4) hours at the departure airport, AZUL shall be required to offer the following options to the Passenger: I – rebooking: a) on an AZUL flight offering equivalent service to the same destination, as early as possible; b) on an AZUL flight to be taken on a date and time that meet the Passenger’s convenience; II – refund of the full amount paid for the unused Airfare Ticket. AZUL may also offer the Passenger the option to have a seat arranged by AZUL on a flight operated by another company that offers an equivalent service to the same destination.
7.7.2. In case of delay of more than four (4) hours at a stop or connection airport, AZUL shall be required to offer the following options to the Passenger: I – rebooking: a) on an AZUL or other air company’s flight offering equivalent service to the same destination, as early as possible; b) on an AZUL flight to be taken on a date and time that meet the Passenger’s convenience; II – refund: a) of the full amount paid, assuring return of the Passenger to the origin airport; b) of the unused portion of the Airfare Ticket, if the flight already made meets the Passenger’s needs; III - provide the service by another means of transportation.
7.7.3. In case of cancellation of the flight or interruption of the service, AZUL shall be required to offer the following options to the Passenger: I – rebooking: a) on an AZUL or other air company’s flight offering equivalent service to the same destination, as early as possible; b) on an AZUL flight to be taken on a date and time that meet the Passenger’s convenience; II – refund: a) of the full amount paid, assuring return of the Passenger to the origin airport; b) of the unused portion of the Airfare Ticket, if the flight already made meets the Passenger’s needs; III - provide the service by another means of transportation.
7.7.4. In case any passenger is denied boarding involuntarily, AZUL shall be required to offer the following options to the Passenger: I – rebooking: a) on an AZUL or other air company’s flight offering equivalent service to the same destination, as early as possible; b) on an AZUL flight to be taken on a date and time that meet the Passenger’s convenience; II – refund: a) of the full amount paid, assuring return of the Passenger to the origin airport; b) of the unused portion of the Airfare Ticket, if the flight already made shall meet the Passenger’s needs; III - provide the service by another means of transportation.
7.7.5. In cases of delay, cancellation or interruption of flight, as well as disregard of Passenger’s boarding, the Passenger shall be entitled to receive material assistance from AZUL. Such assistance consists of meeting the Passenger’s immediate needs, free-of-charge, as may be compatible with the estimated waiting time, counted from the originally scheduled departure time, under the following terms:
a) waiting for more than one (1) hour: communication facilities, such as telephone call, internet access and others;
b) waiting for more than two (2) hours: adequate meal(s);
c) waiting for more than four (4) hours: arrange for adequate waiting space, transportation to and from the airport and, if necessary, hotel lodging.
7.7.6. AZUL may be discharged from offering hotel lodging to a Passenger who resides in the location of the origin airport.
7.8. The requirements of 14 CFR Part 250 shall be complied with for flights to and from the United States.
7.9. The limits provided for in the Montreal Convention and applicable Laws shall be complied with for international flights.
7.9.1. Passengers on a trip with a final destination or stop at a point outside the origin country are informed that the provisions in the Montreal Convention may apply to the whole trip, including any flight section inside the origin or the destination country.
7.9.2. AZUL is accountable for damage caused in the event of death or bodily injury of a Passenger, provided that the accident causing the death or bodily injury has occurred on board the aircraft or during any boarding or disembarkation operations.
7.9.3. AZUL is accountable for the damage caused in the event of destruction, loss or damage to checked Baggage, provided that such destruction, loss or damage has occurred on board the aircraft or during any period in which the checked Baggage was under its custody. Notwithstanding the foregoing, AZUL shall not be accountable to the extent the damage is due to the nature or a defect of the Baggage itself.
7.9.4. AZUL is accountable for the damage caused by delays in the air transportation of Passengers or Baggage. Notwithstanding the foregoing, AZUL shall not be accountable for any damage caused by a delay if it proves that AZUL and its employees adopted all the actions that were reasonably necessary for avoiding the damage or that it was impossible for AZUL or its employees to adopt such actions.
7.9.5. AZUL shall not be accountable for damages exceeding the then-applicable limit pursuant to the Montreal Convention.
7.9.6. Passengers on international flights, departing from or to the United States of America, will be entitled to the benefits of the Passenger Assistance Plan and the Tarmac Delay Contingency Plan, pursuant to the regulations issued by the United States Department of Transportation (DOT).
7.9.7. For Codeshare flights, both the marketing and the operating air carrier shall be accountable for possible damages caused to the Passenger and to the Baggage, if such damage occurred during the term of this Agreement.
8. INTERLINE AGREEMENTS
8.1. Interline agreements allow AZUL to sell flight segments operated by other air carriers, which flights are identified by the codes of the operating air carrier itself. Where AZUL sells an Interline ticket (which includes flights operated by partner air carriers), it will be acting solely as a ticketing agent and shall not be accountable for the acts or omissions of the operating air carrier. AZUL shall be solely accountable for the transportation on the flights operated with its own aircraft.
8.2. Tickets issued by other air carriers shall be accepted, provided that the air carriers have entered into Interline agreements with AZUL and their contractual obligations are complied with. Any and all refund or reimbursement of such tickets shall be made by the ticketing air carrier.
9.1. Codesharing consists of the practice whereby flights operated by an air carrier are sold or offered by partner air carriers, as if they were their own flights. In all cases in which AZUL offers Codeshare flights operated by a partner air carrier, the Passenger shall be duly informed at the time of the selection of the respective flight segment.
9.2. One or more segments of the flight itinerary may be operated by air carriers other than AZUL. However, if an AZUL Airfare Ticket is purchased, this Agreement shall be applicable, regardless of the air carrier operating the flight. AZUL undertakes responsibility for all the flight segments operated under Codeshare, provided that the flight designator code is “AD”, under the terms hereof.
9.3. Notwithstanding any other provisions hereof, the following rules apply for flights operated by AZUL’s Codeshare partners:
9.3.1. Baggage. For itineraries where at least one segment is operated by AZUL’s Codeshare partners, each Passenger shall be entitled to the baggage allowance applied by the ticket marketing carrier and an excess baggage fee shall be charged, as applicable, by the flight operating carrier. If necessary, due to operating or safety reasons, the operating air carrier may require the hand-carried baggage to be checked for transportation inside the aircraft hold, without charging the excess baggage fee.
9.3.2. Unaccompanied minors under 12 years old shall not be accepted for boarding on Codeshare flights.
10. SPECIAL PASSENGERS
10.1. Special Passengers are deemed to be Passengers needing special assistance (Individuals with Disabilities, passengers aged sixty or more, pregnant women, breast-feeding women, and persons carrying infants, unaccompanied children, reduced-mobility persons and sick persons). Special Passengers will board the aircraft according to AZUL’s internal procedures, as well as in compliance with ANAC’s Resolution nº 280 and other applicable laws, for domestic flights, and in compliance with U.S. laws and regulations, particularly the provisions of 14 C.F.R. Part 382, for international flights. For further information, refer to the Website or Customer Relations Center.
10.2. If the passenger (i) suffers from a disease or incapacity that may affect his health and welfare or that of the other passengers and crew members, (ii) has recently undergone surgery, (iii) has a health condition deemed to be instable, (iv) poses a risk to the safety or punctuality of the flight, or (v) requires medical attention or follow-up and/or special equipment during the flight, it shall be mandatory for the passenger to complete a Medical Information Form (MEDIF) that must be signed by his/her medical doctor and delivered to AZUL prior to the flight The MEDIF will be submitted to AZUL’s medical department for evaluation, and the transportation of the Passenger may be refused if it is deemed that it is not possible to ensure the health and safety of the Passenger or the other passengers.
11. ADDITIONAL SERVICES
11.1. “TVAzul”. The Live TV system is an additional, complimentary onboard entertainment service offered by AZUL to its Passengers on most aircraft in its fleet. AZUL reserves the right to make TVAzul available according to the system’s operational readiness. Passengers are advised that (i) TVAzul programming is subject to change without notice; and (ii) AZUL and the company in charge of providing the TVAzul service are not responsible for service interruptions or non-availability due to reasons beyond their control, such as force majeure and operational failures. AZUL is not responsible for the contents displayed on the live transmissions of the respective channels and recommends that parents, guardians and companions of minor children be attentive to the programs watched.
11.2. Ground Transportation. Ground transportation to and from the airport to any other location provided by AZUL or by third-party contractors under a charter agreement shall be separately charged and shall not be included in the price charged for the air transportation service. Further information is available on the Website.
11.3. Insurance. Passengers may obtain transportation insurance from AZUL, for a charge in addition to the Airfare price. Further information is available on the Website.
11.4. Use of more than one seat. In case the accommodation of the Passenger requires more than one seat, AZUL may charge a supplementary amount equivalent to the price of the Airfare Ticket for the number of additional seats occupied by the Passenger.
11.5. Special Seats. Special seats providing more space and comfort may be offered by AZUL to the Passenger, for sale, upon the reservation, at its discretion. The price for such seats is not included in the Airfare price.
11.6. Buy on Board. AZUL may offer items and services for purchase onboard any of its flights, at prices not included in the Airfare price, to be paid by the Passenger in case of purchase of such items or use of such services. Further information is available on the Website.
11.7. Escorting of Minors.
11.7.1. Domestic Flights. AZUL is authorized to charge a fee for escorting unaccompanied minors aged from five (5) to twelve (12). This service will be provided from the boarding area to the aircraft and from the aircraft to the disembarkation area at the request of the person responsible for the minor. AZUL does not provide escorting services for minors aged less than five (5).
11.7.2. International Flights. AZUL is authorized to charge a fee for escorting unaccompanied minors aged from twelve (12) to seventeen (17). This service shall be provided from the boarding area to the aircraft and from the aircraft to the disembarkation area at the request of the person responsible for the minor. AZUL does not provide escorting services for minors aged less than twelve (12).
11.8. The transportation of a Passenger or a minor Passenger under custody of a police authority on a domestic flight shall be carried out in compliance with all the requirements set forth in the National Civil Aviation Security Program – PNAVSEC – Decree 7168, dated May 05, 2010. Presentation of an identification document for boarding shall be required at least two (2) hours in advance of the flight time.
12. EFFECTIVE DATE
This Agreement shall become effective as of November 2014, superseding all previous provisions to the extent they conflict with the new wording herein, and shall remain in effect until it is replaced, at AZUL’s discretion, by a new agreement.
13.1. This Agreement shall be construed and governed under the terms of the Brazilian laws now in effect as well as of any other specific laws applicable to international transportation of passengers.
No problem, you can include more pounds at the airport during check-in. But attention, if the weight of checked baggage exceeds 23kg will be charged as additional volume.