Conditions of contract of carriage
APPLICABLE REGULATIONS
The air transport carried out under these General Conditions of Carriage, as regards carrier liability, is governed by the following rules:
a) The Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999; and, subsidiarily:
- Montreal Protocols Nos. 1, 2 and 4 (1975), which complement the Warsaw Convention.
- The Hague Protocol of 28 September 1955, which amends the Warsaw Convention.
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention).
b) Any international, EU or national rules affecting air transport of passengers, their baggage, cargo and mail, including, but not limited to:
- Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents, dated 9 October 1997, as amended by Regulation (EC) No. 889/2002 of 13 May 2002.
- Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
c) The terms and conditions set out in these General Conditions of Carriage.
DOMESTIC AND INTERNATIONAL FLIGHTS
A domestic or internal flight is any flight whose departure and arrival points are located in cities within the territory of the same country or single airspace, unless a stopover is scheduled in the territory of another State.
An international flight is any flight whose departure and arrival points are located in two different countries. A flight whose departure and arrival are within the territory of the same country shall also be considered international if a technical stopover is scheduled in another country.
PASSENGER, TICKET AND CARRIER
a) The passenger is understood as any person carried in an aircraft, excluding members of the crew, under a ticket.
b) The ticket is the document that records the reservation made and allows the journey and will be valid exclusively for the flight indicated on it and for the person named as passenger. The ticket is non-transferable and may not be assigned to third parties. The ticket shall also include a reference to these General Conditions of Carriage and any other information that the carrier considers essential.
IBEROJET will only transport the passenger whose name appears on the ticket and may ask them to present the corresponding identification (National Identity Document, Passport or equivalent).
At the time of purchasing the ticket, the passenger shall be informed of the taxes, charges and fees not included in the fare, most of which will usually be listed separately on the ticket.
The fare applies only to transport from the airport of departure to the airport of destination, unless otherwise stated. The fare also includes carriage of checked baggage, unless the fare does not include a baggage allowance, in which case the specific fare conditions shall apply. If the passenger changes the itinerary or travel dates, this may affect the fare payable for the ticket.
The fare, taxes, charges and fees are paid in the currency of the country in which the ticket is issued, unless IBEROJET specifies a different currency before or at the time of payment.
c) The carrier means any air carrier that transports or undertakes to transport the passenger and their baggage under this contract. IBEROJET is a carrier holding a valid operating licence granted by a Member State of the European Union in accordance with Council Regulation (EEC) No. 2407/92 of 23 July 1992.
Carriage to be performed by several successive carriers under a single ticket or a connecting ticket shall be considered as a single operation. Each carrier is responsible only for the carriage performed by it.
RESERVATIONS
IBEROJET or its authorised agent will record the passenger’s reservation. Some fares include conditions that limit or exclude the right to change or cancel the reservation. Failure to pay for the ticket before the specified time limit may result in cancellation of the reservation and IBEROJET may allocate the seat to another passenger.
Personal data included in the reservation will be processed in accordance with applicable legislation and retained after the contractual relationship has ended for the legally established periods.
Payment for the reservation may be made immediately or by bank transfer, in which case the ticket will be issued after receipt and verification of payment.
Advance paid seat selection is optional, always subject to availability at the time of the request, and applies to passengers holding an already issued air ticket. The right to use the selected seat may not be unilaterally transferred from one passenger to another.
The general reservation conditions are as follows:
• Both one-way and round-trip travel are permitted.
• Not all fares will be available on all flights.
• The number of seats available on each flight shall be determined exclusively by IBEROJET.
• Resident discount (for Balearic or Canary residents) shall apply to flights with origin and/or destination in the Balearic or Canary Islands. Resident discount for Ceuta or Melilla shall apply to flights with origin and/or destination Melilla, Seville, Jerez or Malaga. The residence certificate must be issued according to the model defined in Annex I of Royal Decree 1316/2001 and is valid for six months. If the passenger declares to be a resident and verification (through the Ministry of Transport’s Automatic Resident Accreditation System) cannot be completed successfully, they must present proof at check-in and boarding gate or otherwise purchase a new ticket if they cannot prove their resident status.
• Passengers wishing to benefit from the large family discount on flights within Spanish territory must present, before boarding, the original or a certified copy of the large family certificate issued by their Autonomous Community. Failure to provide such evidence will result in the passenger having to pay the difference between the fare already paid and the fare without discount or, failing that, being denied boarding with no refund of the ticket. For connecting tickets, the large family discount applies only to those flights whose origin and destination are within Spanish territory. Under no circumstances will the large family discount be applied to passengers who claim it after completing the reservation. Large family members who also wish to benefit from the resident discount must also indicate this at the time of reservation.
• IBEROJET reserves the right to request documentation included in the reservation in order to verify the authenticity of the passenger’s data.
• The check-in deadline is at least 60 minutes before the scheduled departure time for intercontinental flights and 45 minutes for all domestic and European flights.
ADMINISTRATIVE FORMALITIES
The passenger is responsible for obtaining all travel documents and visas required under the legislation applicable in the countries from, to or through which they travel, and for presenting them prior to travel when requested by IBEROJET. The carrier reserves the right to refuse carriage if the travel documents do not appear to be in order.
IBEROJET will not be liable for consequences for passengers arising from failure to obtain such documents or visas.
A passenger who is refused entry into a country shall be liable for paying any fine or penalty imposed on IBEROJET by that country and the cost of transport from that country. The fare paid for carriage to the point where the passenger was denied entry shall not be refunded by IBEROJET.
If required, passengers must assist in the inspection of their baggage, whether checked or unchecked, by Customs officers. IBEROJET will not be liable for any loss or damage suffered during such inspection or due to the passenger’s failure to comply with these requirements.
CHECK-IN AND BOARDING
Passengers are advised to arrive at IBEROJET’s baggage check-in counter and boarding gate within the time indicated by the carrier, which will inform them of the time limits for check-in and boarding (only regarding the first flight; for subsequent flights, passengers in transit must obtain information about the check-in and boarding deadlines).
IBEROJET reserves the right to cancel the reservation if the passenger does not comply with the indicated check-in deadlines or does not have the proper documentation, without any liability for IBEROJET.
To complete check-in, passengers must present to the airport counter staff the credit card used to make the reservation.
BAGGAGE
"Baggage" is both checked and unchecked baggage, unless otherwise indicated.
Passengers may carry baggage in accordance with the limitations and conditions contained in these Conditions of Carriage. However, passengers must pay a surcharge for the carriage of baggage that exceeds the free allowance according to the fares applied by IBEROJET.
Passengers may not include in their baggage, by way of example and not limitation, items that may endanger the safety of the aircraft, persons or property on board or the environment, as set out in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the regulations of the International Air Transport Association (IATA), or items prohibited by the laws or regulations of the country of departure or destination.
If, despite the prohibition, any of the aforementioned items is included in the passenger’s baggage, IBEROJET assumes no liability for any loss or damage affecting those items.
If at any point of embarkation IBEROJET discovers any of the objects described as prohibited for carriage as baggage, it may refuse to transport them. IBEROJET may also refuse to transport as baggage any item it does not consider fit for carriage due to its shape, size, content or weight, for operational or safety reasons, or for the comfort of other passengers.
Likewise, IBEROJET may refuse to transport baggage where the fare applicable to the ticket does not include a baggage allowance. In such cases, carriage will be authorised only after payment of the corresponding excess baggage charges, which shall be publicly available to passengers.
For safety reasons, IBEROJET may require the passenger to be searched and/or their baggage to be inspected. If the passenger refuses to comply, IBEROJET may refuse to transport the passenger and their baggage. If the search causes damage to the passenger and/or their baggage, the carrier will not be liable unless such damage is due to its fault or negligence.
Once baggage has been handed over for check-in, IBEROJET shall assume custody and issue a baggage identification tag for each checked baggage item. Checked baggage will be carried on the same aircraft as the passenger, unless for safety or operational reasons it is transported separately.
With regard to unchecked baggage, IBEROJET may specify maximum dimensions and/or weight for cabin baggage or limit the number of items. If it does not, the baggage that the passenger carries in the cabin must fit under the seat in front or in a closed overhead compartment in the aircraft cabin. If this is not possible due to the dimensions of the baggage or if it is not considered suitable for transport in this way, it must be transported as checked baggage. Items that cannot be carried in the hold and that do not meet the above requirements may only be carried in the passenger cabin if the passenger notifies IBEROJET in advance and IBEROJET has authorised it. The passenger may have to pay an additional charge for this service.
The passenger must collect their baggage as soon as it is made available at the destination or stopover point. If the passenger does not collect it within a reasonable time, IBEROJET may charge a storage fee to be determined. If the baggage is not claimed within six (6) months from the time it is made available, IBEROJET may dispose of it without any liability towards the passenger.
Only the person holding the baggage check and identification tag may collect the checked baggage.
ADDITIONAL BAGGAGE: passengers may add a 23 kg bag (or more, according to IBEROJET’s policy) to their reservation at the airport or do so online during the purchase process, or after the reservation has been made by accessing the “My account” section up to four (4) hours before the flight departure time.
All checkable baggage is personal and non-transferable. Each passenger will check in their baggage individually, being responsible towards the authorities for its contents.
The carrier may refuse to carry all or part of the baggage that exceeds the size and/or weight limitations or that has not been paid for in advance.
The carrier is not responsible for items that are poorly packed, perishable, damaged or fragile. Nor shall it be responsible in cases of defective baggage or hidden defects.
If additional baggage has been purchased and not checked in due to the passenger’s decision, no refund of the baggage cost shall be due.
SPORTS AND OVERSIZED BAGGAGE: this includes items which, due to their physical characteristics, differ from standard checked baggage (such as musical instruments, ski equipment, diving equipment, bicycles, etc.).
The carrier is not responsible for items that are poorly packed, perishable, damaged or fragile, nor for defective baggage or hidden defects.
If sports or oversized baggage has been purchased and the description of the contents or measurements provided by the passenger is not accurate and the baggage cannot be checked in, no refund shall be due.
If sports or oversized baggage has been purchased and not checked in due to the passenger’s decision, no refund of its cost shall be due.
ITEMS THAT MUST NOT BE CARRIED IN BAGGAGE: under the General Conditions of Carriage, passengers must not include in checked baggage items considered dangerous, fragile, perishable or valuable (money, jewellery, precious metals, computers, personal electronic devices, negotiable instruments, securities and other valuables, business documents, passports and other identification documents or samples).
Such items will not be refunded in case of loss or damage, unless a special declaration of value has been made.
Passengers may enquire about the possibility of making a special declaration of value when checking in their baggage.
PETS: guide dogs travelling with visually impaired passengers shall be considered “personal effects” (carried free of charge), as well as emotional support animals. IBEROJET accepts emotional support animals. The passenger must present a medical certificate justifying the need for such an animal. In case of carriage in the cabin, the weight and size limitations set out here must be observed.
The passenger must also obtain prior authorisation from: gops.specialrequeriments@evelop.com
More information here
IMPORTANT NOTE: on flights operated by IBEROJET to/from the United States/United Kingdom it is not permitted to carry animals on board, either in the cabin or in the hold.
MOBILITY DEVICES FOR PASSENGERS WITH REDUCED MOBILITY: in accordance with Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, and in order to comply with safety requirements laid down by international, EU or national legislation, IBEROJET may require that passengers with disabilities or reduced mobility be accompanied by another person to provide the necessary assistance. IBEROJET will make all reasonable efforts to offer the accompanying person a seat next to the person with a disability or reduced mobility.
IBEROJET accepts wheelchairs and mobility aids free of charge. Where possible, the passenger will use their own wheelchair up to the aircraft door, from where it will be stowed in the hold. Upon arrival at destination and depending on the airport, IBEROJET will make every effort to ensure that the passenger’s own wheelchair is available at the aircraft door. IBEROJET does not accept wheelchairs or mobility devices with spillable wet batteries.
More information here
SPECIAL ASSISTANCE
Carriage of unaccompanied minors, pregnant women, sick persons or other persons requiring assistance is subject to a prior request to IBEROJET and to the completion of such request in the appropriate form and, wherever possible, at the time of making the reservation. If such a request is made only at the time of baggage check-in, IBEROJET will not assume any liability if it cannot comply with the request.
In the case of sick persons, it is advisable to consult a doctor before travelling and to take all necessary precautions.
Where the passenger requires a special meal on board, they must also request it at the time of reservation. If they do not, IBEROJET cannot guarantee that such a meal will be available on board.
EXTRA OR ADDITIONAL SERVICES
Passengers may purchase a series of services in addition to carriage of persons and baggage, which are detailed on the IBEROJET website and include, by way of example but not limited to, purchase of TURISTA PLUS class, seat selection or à la carte menu reservation.
IBEROJET may offer in its menus foods that contain nuts, peanuts or other potentially allergenic foods, and passengers are therefore advised to inform IBEROJET of any allergies when making their reservation. If no express mention is made of this condition, IBEROJET declines all liability.
The refund policy for such services is set out below in these General Conditions.
REFUSAL OF CARRIAGE
IBEROJET may refuse to carry the passenger or baggage for safety (flight or police) reasons or, applying reasonable judgement, at any point of embarkation and/or connection, if any of the following situations occurs:
(a) The passenger fails to comply with applicable laws, regulations or governmental provisions.
(b) Carriage of the passenger and/or baggage endangers or affects safety and health or materially affects the comfort of passengers or crew.
(c) The passenger’s mental and/or physical state, including problems caused by alcohol and/or drugs, poses a danger to themselves, other passengers and/or crew or to the property of any of them or of IBEROJET.
(d) The passenger has used threatening, abusive or insulting words and/or behaved in a threatening, abusive or insulting manner towards a member of ground staff or crew.
(e) The passenger is, or can reasonably be believed to be, in illegal possession of drugs or any other illegal substance.
(f) The passenger endangers the safety of the aircraft and/or any person on board.
(g) The passenger commits a criminal offence during the reservation, check-in or boarding process, or on board the aircraft before take-off.
(h) The passenger has behaved incorrectly on a previous flight and IBEROJET has reason to believe that such behaviour may be repeated.
(i) The passenger refuses to undergo personal security screening or baggage search or refuses to properly prove their identity.
(j) The passenger does not pay the ticket price, taxes, duties or applicable fees.
(k) The passenger does not have valid travel documents or refuses to present them to the crew or ground staff when requested, and/or holds expired documents that do not comply with current governmental or international requirements or regulations, or that are false, whether due to identity theft or forgery.
(l) The plane ticket presented was acquired illegally or is false.
(m) At check-in or boarding, the passenger requests special assistance that had not been previously requested and confirmed.
(n) The passenger does not comply with instructions and provisions applicable to safety matters.
(o) When presenting the plane ticket, the passenger is unable to demonstrate that they are the person whose name appears in the "Passenger name" box.
(q) It can reasonably be considered that the passenger is making illegal or fraudulent use of the ticket, especially where the destination country requires a return ticket to the place of origin and such ticket has not been issued at least 72 hours in advance.
FLIGHT SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS
The times indicated on tickets are approximate and strict compliance is not guaranteed. Therefore, IBEROJET may, for reasons beyond its control, have to change the scheduled flight time after ticket issuance. In such a case, IBEROJET will notify passengers of the changes.
If such a change is significant in relation to the scheduled departure time, IBEROJET will offer an alternative flight acceptable to the passenger or a refund of the ticket, without prejudice to other rights that may apply under applicable law.
IBEROJET may, in case of necessity, be substituted by another carrier, use other aircraft and make changes to the planned route; presumed connections are not guaranteed. The carrier must inform passengers accordingly.
In accordance with applicable law, and in particular Regulation (EC) No. 261/2004, in the event of cancellation or delay of a flight of more than:
- two hours for all flights of 1,500 kilometres or less; or
- three hours for all intra-Community flights of more than 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres; or
- four hours for all flights not covered by the above;
the operating air carrier shall offer passengers the assistance specified in Regulation (EC) No. 261/2004.
CONDUCT ABOARD THE AIRCRAFT
If, in IBEROJET’s judgement, a passenger’s behaviour on board the aircraft endangers the safety of the aircraft or any person or property therein, or prevents the crew from performing their duties, or does not follow the crew’s instructions (for example regarding no smoking), or causes discomfort to passengers or crew, IBEROJET will take such measures as it deems necessary to prevent such behaviour.
Passengers may be disembarked at any point and legal measures may be taken against them for offences committed on board the aircraft.
If, in view of the passenger’s behaviour, the crew diverts the aircraft in order to disembark the passenger, the passenger must pay IBEROJET all costs and expenses incurred in such diversion. If the passenger causes any damage resulting in IBEROJET incurring any cost, the company will hold the passenger liable for such cost, damage or other liability incurred, reserving the right to take such legal action as it deems appropriate in order to recover the same before the competent courts.
In order to protect the personal data and right to privacy of passengers and airline staff, it is not permitted to take photographs or videos of conversations with them without their prior express consent. Likewise, the dissemination or distribution of such photographs, videos or audio recordings, including on social media, whether in public or private settings, is not permitted without such consent.
For safety reasons, use of electronic devices on board the aircraft, including but not limited to mobile phones or laptop computers, may be prohibited or restricted.
Consumption of alcoholic beverages on IBEROJET flights is prohibited when the alcohol has been supplied by passengers or other third parties.
IMPORTANT INFORMATION ABOUT DISINSECTION ON BOARD TRANSOCEANIC FLIGHTS
We inform you that on our transoceanic flights, and at the express request of the authorities at the destination airport, we may be required to disinsect the aircraft.
The product used is completely harmless and has been approved by the World Health Organization and the European Commission for the Environment.
PAYMENTS WITH CARDS NOT IN THE NAME OF THE PASSENGER ON THE RESERVATION
When the user uses a bank card to pay for a reservation in which they do not travel (i.e. when their identity does not correspond to that of any of the passengers in the reservation), IBEROJET may request their express authorisation to verify that the transaction has been carried out with their consent and without fraudulent use of their payment card.
In such cases, IBEROJET reserves the right to ask the user to expressly authorise the purchase by providing a duly completed form together with a photocopy of their passport or other identity document.
This documentation (form and photocopy or other official identity document of the cardholder) may be provided to IBEROJET by e-mail to reservas@iberojet.com or as a hard copy at the IBEROJET check-in desk on the day of the flight.
If the user does not receive communication from IBEROJET validating the documentation, the user must inform the passengers on the reservation that they must go to the check-in desk on the day of the flight with the documentation printed on paper (form and photocopy or other identity document of the cardholder) for validation by IBEROJET ground staff.
If IBEROJET does not receive the documentation (form and photocopy or other identity document of the cardholder) before the end of check-in, IBEROJET reserves the right to deny boarding to all passengers on the reservation, in compliance with this clause.
REFUNDS
a) General conditions:
IBEROJET will refund any ticket or part thereof to the person whose name appears on it or to the person who paid for it upon presentation of satisfactory proof of such payment.
Any refund, unless it is a refund required by law, will be subject to a service charge, the amount of which will be available to the passenger.
Passengers are entitled to a refund of taxes imposed by governments, other authorities or airport operators corresponding to the unused portion of the ticket, unless they have already been paid or must be paid, despite non-use, to such governments, authorities or airport operators.
Subject to applicable law in each country, IBEROJET may offer the passenger, as an alternative to a refund, a change of reservation or issuance of a voucher or credit, especially when the right to a refund arises from extraordinary circumstances beyond the company’s control, such as force majeure or acts of God.
b) Involuntary refunds:
If IBEROJET cancels a flight, fails to operate a flight according to schedule, fails to stop at the place of destination or stopover, or is responsible for the passenger missing a connecting flight for which they had a reservation under a single contract of carriage, the amount to be refunded will be equal to the fare paid (if no part of the ticket has been used) or not less than the difference between the fare paid and the applicable fare for the journey between the points for which the ticket has been used.
c) Voluntary refunds:
These shall be governed by the provisions set out here.
d) Refusal of refund:
Refunds may be refused in some cases, including but not limited to, expiry of the ticket validity period, fraudulent tickets, tickets issued under fares that do not permit cancellations or refunds, or tickets bearing the remark "NON-REFUNDABLE".
Refunds will only be made by the carrier that issued the ticket or by its authorised agent.
In accordance with applicable law, IBEROJET will make refunds in the same manner and in the same currency used to pay for the ticket. However, if IBEROJET accepts a refund in another currency, such refund will be made at the exchange rates and under the conditions established by IBEROJET.
e) Refund of additional services:
Additional services purchased will not be refundable or changeable.
• TURISTA PLUS FARE: if a Turista Plus / XL seat has not been assigned, the cost of the Turista Plus / XL seat will be refunded.
If any of the products/services included in the Turista Plus class have not been provided, the value of such products/services not offered will be refunded (same amount as appears on the website for the sale of these services separately).
Turista Plus customers who have not selected a Premium menu will be assigned a pasta menu by default.
• CHECKED BAGGAGE: if this service has been purchased and not used by the customer, no refund shall be due.
• SEAT SELECTION: if the seat has not been correctly assigned or the aircraft has been changed to one with a different seating configuration, the following refund policy will apply:
a) if passengers had a Turista Plus / XL seat and have been moved to a seat that is not Turista Plus / XL: the cost of the Turista Plus / XL seat will be refunded.
b) if passengers have been moved to a different cabin: the cost will be refunded, except in the case of Turista Plus / XL passengers who have been assigned a seat in another cabin with the same characteristics (Turista Plus / XL).
c) if a window/aisle seat has been changed to a seat which is neither window nor aisle: a refund will be granted.
d) if passengers on the same reservation who purchased seats together have been separated: a refund will be granted.
e) if the same type of seat (window/aisle) has been offered in the same cabin: no refund is due.
f) if it is not possible to offer the same type of seat as a result of an aircraft change, the cost of that type of seat will be refunded, but the flight cannot be cancelled free of charge.
• PRIORITY CHECK-IN: if this service has been purchased and not used by the customer, no refund is due.
• FAST TRACK: if this service has been purchased and not used by the customer, no refund is due.
• PREMIUM MENUS: if the selected menu has not been served, the amount paid will be refunded.
Some ingredients in these Premium menus may vary on flights departing outside Spain.
• TRAVEL INSURANCE: in order to use the cancellation option under the conditions of the insurance, the passenger must be given a certificate of cancellation.
In the case of involuntary flight cancellations:
a) the assistance insurance will be refunded.
b) assistance + cancellation insurance will not be refunded by the provider and it will be up to IBEROJET to decide whether to cover the costs or pass them on to the customer.
In the case of voluntary flight cancellations by the passenger, no refund will be granted.
In the case of date changes, whether voluntary or involuntary:
a) for assistance insurance, the change is free of charge provided it is requested before the trip start date.
b) for assistance + cancellation insurance, the passenger must contact InterMundial.
LIABILITY FOR DAMAGE
IBEROJET’s liability is determined by the Conditions of Carriage of the carrier issuing the ticket, unless otherwise stipulated, and without prejudice to applicable law.
With respect to checked baggage, the passenger has the right to bring an action against the first and last carrier involved in the air journey or against any other carrier operating an intermediate segment, provided it is shown that it was that carrier on which the damage to the baggage occurred. Liability, in all cases, shall be limited to proven damage and IBEROJET shall in no case be liable for indirect damage or any form of non-compensatory damage.
IBEROJET is not responsible for damage to unchecked baggage unless due to the airline’s negligence and the passenger can provide evidence thereof.
Any liability that IBEROJET may have for damage caused or contributed to by the passenger’s negligence shall be reduced or excluded in accordance with applicable law.
IBEROJET shall be liable for damage sustained in the event of death or injury or any other bodily injury suffered by a passenger if the accident causing the damage occurred on board the aircraft or during boarding or disembarkation operations, in accordance with applicable law, unless the death, injury or bodily harm was due to the passenger’s physical or mental health condition existing prior to boarding, or the damage was caused or facilitated by the passenger’s negligence or pre-existing health condition. In the event of death or injury of a passenger, if the damage is up to 128,821 SDR (approximately 159,042 euros), the airline cannot contest claims for compensation. Above this amount, the airline may contest a claim if it can prove that there was no negligence or other wrongful act or omission on its part or that the damage was solely due to negligence or other wrongful act or omission of a third party.
IBEROJET shall not be liable for damages arising as a result of delay if it proves that it took all necessary measures to avoid the damage or that it was impossible to take such measures. Likewise, IBEROJET shall not be liable for damage caused by delay attributable to passengers or to which passengers have contributed.
IBEROJET shall not be liable for damage to baggage if it is caused by items contained in the baggage. If these items cause injury or damage to another person’s property or to IBEROJET’s property, the passenger shall be liable for all losses and expenses incurred by IBEROJET as a result.
In the event of baggage delay, IBEROJET shall be liable for damage provided it has not taken all reasonable measures to avoid the damage or it was impossible to take such measures.
With respect to destruction, loss or damage to checked baggage, IBEROJET is liable even if free of fault, unless the baggage was already damaged. With respect to unchecked baggage, IBEROJET is only liable for damage caused by its fault, provided the passenger can provide evidence thereof.
In accordance with Regulation (EU) No. 524/2013, IBEROJET informs passengers of the existence of a European online dispute resolution platform that facilitates the out-of-court settlement of disputes for contracts concluded online between passengers and the airline. The platform can be accessed at: http://ec.europa.eu/odr.
TIME LIMITS FOR CLAIMS AND LEGAL ACTIONS
In accordance with applicable law, no action for damage, even if justified, relating to checked baggage shall be brought unless the passenger submits a complaint to IBEROJET as soon as the damage is discovered and, at the latest, within seven (7) days, or in the case of delay, within twenty-one (21) days from the date on which the baggage was made available. If no claim is received from the affected passenger within the above deadlines, they will lose their right to any legal action.
The right to bring legal action before the competent courts shall expire within two years from the date of arrival of the aircraft at destination or from the date on which it should have arrived.
All actions brought in accordance with the above must be submitted in writing within the specified period.
Acceptance of baggage without complaint at the time of delivery is sufficient proof that it has been delivered in good condition and in accordance with the Contract of Carriage, unless the passenger proves otherwise.
CLAIMS
Passengers may lodge a claim at the IBEROJET counters at Madrid or Barcelona airports. A claim may also be submitted using the form available on the website or by contacting Customer Service free of charge on 900533815.
TAXES, CHARGES AND GOVERNMENT FEES
The ticket price may include taxes, charges and fees imposed by government authorities in relation to air transport. These taxes, charges and fees, which may represent a significant portion of the ticket cost, may be included in the fare or shown separately under "TAXES/CHARGES/FEES". You may be required to pay taxes, charges or fees that have not yet been collected. Please check with your travel agency.
PASSENGERS NOT ACCEPTED FOR BOARDING
The ticket price may include taxes, charges and fees imposed by governmental authorities on air transport. These taxes, charges and fees, which may represent a significant part of the ticket cost, may be included in the fare or shown separately under "TAXES/CHARGES/FEES". You may be required to pay taxes, charges or fees that have not yet been collected. Please check with your travel agency.
TRAVELLING ON FLIGHTS OPERATED BY ANOTHER AIRLINE
IBEROJET is the carrier only when "Operated by Iberojet" appears on the ticket; in any other case, it means another carrier. Please note that each airline operating a flight establishes the baggage allowance that passengers may carry free of charge and according to its own weight, size, content and other conditions; for more information on your baggage allowance and other restrictions, please check with the operating carrier.
IBEROJET shall inform passengers of the identity of the operating air carrier(s) for the contracted transport services in accordance with Regulation (EC) No. 2111/2005, Art. 11.6.