Modifies The Ca Say Aeronautics Pharmacist In Respect Of Carriage Of Passengers And Their Rights

Original Language Title: MODIFICA EL CÓDIGO AERONÁUTICO EN MATERIA DE TRANSPORTE DE PASAJEROS Y SUS DERECHOS

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"Article 1.-Introducense, in the aeronautical code, the following modifications: 1.-adding, in article 127, the following third paragraph:"Without prejudice to the foregoing, carrier shall inform each passenger rights that assist you in case of cancellation, flight delays or denied boarding, according to the conditions laid down in this chapter."."

2. replace the paragraph 1 of chapter V of title VIII, by the following: "1.-for the transport of passengers and their rights.

Article 131-conveyor will give the passenger a ticket of passage, which shall contain at least the following particulars: a) place and date of issue.
(b) name of the carrier or carriers and passenger.
(c) points of departure and destination, price and class of the passage.
d) explicitation clear conditions, restrictions and limitations to which it is subject and all of the rights referred to in this chapter.

Conveyor may issue the ticket of passage by any means, provided this allow to meet stated above.
The Bill's passage makes faith of the celebration and the conditions of the contract of carriage. Failure, irregularities or loss of the ticket shall not affect the existence or the validity of the contract.
However, the conveyor is obliged to have at the disposal of the passenger information brochures with specification of their rights, on a decal of their ticket offices and airport counters.

Article 132-Carrier may refuse or condition those passengers whose status or condition constitutes a threat to security, hygiene and good order on board, or when to require care or special care during the trip.
A regulation of the Ministry of national defense will establish technical and conditions of security under which will be authorized for the transport of persons with disabilities, organically Decompensated, agonizing or unconscious.

Article 133.-Denial of boarding. In the event that carrier provide that you will need to refuse the shipment of one or more passengers for overbooking, which have filed timely and whose passage ticket has been previously confirmed in a particular flight, you must ask first volunteers who give up their reservations in Exchange for certain benefits and repairs to be agreed between the volunteers and the conveyor. If the number of volunteers is insufficient for the remaining passengers with confirmed tickets can be shipped in the respective flight, conveyor may deny boarding to one or more passengers against their will, which must: 1. choice of the passenger: to) on board the next flight that may have the conveyor, or in alternative transportation whether it is you decide to persist in the air transport agreement;
b) repayment of the total amount paid for the ticket, the passenger desist from air transport and this contract not had begun its execution, or c) if the execution of a trip with scale and/or connection had begun, the conveyor must offer, passenger choice, any of the following options: i.-boarding the next flight that may have the conveyor , or in alternative transportation, if it is that it should decide to persist in the air transport agreement.
II. reimbursement of the unused portion.
III.-return to the starting point, with reimbursement of the ticket price.

2.-without limiting the foregoing, the carrier must offer affected passengers with denied boarding a sum equivalent to a: to) 2 units of promotion for flights of less than 500 kilometres.
(b) 3 units of promotion for flights between 500 and 1,000 km.
(c) 4 units of promotion for flights between 1,000 and 2,500 kilometers.
(d) 10 units of promotion for flights between 2,500 and 4,000 kilometers.
(e) 15 units of promotion for flights between 4,000 and 8,000 kilometers.
(f) 20 units of promotion for flights of more than 8,000 km.

The passenger who accept such compensation may not subsequently exercise actions against the carrier for the same.

3.-If, in accordance with the letter to) the number 1 of the present article, embarks on the next flight that has available the carrier, passenger and the difference in the output with respect to the planned time for the originally booked flight is less than three hours, shall be compensated according to the preceding number 2.

4. for the purposes of this article, means that a passage ticket is confirmed, with regard to the points of departure and destination stated therein, including intermediate points of connection or scale, as stating that the book or passage ticket has been accepted and registered by the air carrier or its authorized agent.

5 "journey with scale and/or connection" means one whose arrival at the destination provides a starting point and one or more intermediate scale and/or connection points, when they are part of the same contract.

6 without prejudice to additional services that can offer carriers, in accordance with the circumstances and the special condition of the passenger, in the event of denied boarding conveyor must embark on a priority basis to unaccompanied children, persons with disabilities, passengers of age advanced and delicate of health, pregnant women who, because of their status require embarking as a priority and, in general, passengers who, for humanitarian reasons, classified by conveyor, must be shipped with a preference.

Article 133 a.-If passenger decides to persevere in the contract to a denied boarding, the carrier is obliged to the following welfare benefits: to) communications that the passenger needs make, whether telephone, electronic or other similar, if it is that a difference in the starting time planned for the initially reserved flight more than three hours there is.
(b) meal and snack times necessary until boarding another flight, if it is that a difference in the starting time planned for the initially reserved flight more than three hours there is.
(c) accommodation for passengers with return flight and passengers with flight of ida to be denied boarding on a connection point, non-residents of the city, town, or area of the airport of departure, in case that offered a new flight whose output is, at least, the next day of departure scheduled on the Bill's passage , and provided that the passenger should spend one or more nights and timeout to board another flight so requires it. "Night" means from midnight to 6 a.m. hour
(d) mobilization from the airport to the place of residence of the passenger in the city, town, or area of the airport of departure, or to the place of accommodation, and vice versa, if that is applicable.
(e) arrangements and benefits which are necessary to continue the journey, where the passenger to miss a flight in connection with reservation.

Article 133 B-in the event of delay or cancellation of a flight, the affected passenger shall have the following rights: to) embark on the next flight that may have the conveyor, or in alternative transportation, if you decide to persist in the air transport agreement; whether the flight has not yet been started or has been initiated and is on a scale or connection.
(b) welfare benefits, in accordance with article 133 A, provided that the cause of the delay or cancellation is attributable to the carrier.
((c) compensation pursuant to the provisions of article 147, if the delay or cancellation is due to causes attributable to the carrier, in accordance with the following: i) if the delay is more than three hours on departure time scheduled in the ticket of passage or four hours on flights using aircraft that have been designed for a capacity of up to 29 seats.
(ii) at the time of the cancellation, except that inform the passenger and be offered another flight that allows you to get to your destination with no more than three hours late with respect to the scheduled time of departure or four hours on flights using aircraft that have been designed for a capacity of up to 29 seats.
For the purposes of the communication of cancellation, the passenger, when making the reservation or buying their passage ticket, inform the carrier, either directly or through their authorized agents, your contact, such as address, phone and email details.
d) repayment of the total amount paid for the ticket or the unused portion, according to be the case, if the passenger decides not to persevere in the contract and have passed the deadlines for the letter c) above, whether or not attributable to the carrier the cause of the delay or cancellation.

Article 133 C.-If not check the trip, be it for reasons attributable to the carrier, the passenger or for reasons of security or force majeure sjøberg, rates, charges or aeronautical rights which the passenger has paid shall be returned to your only requirement at any office of the air carrier or through its web site.
Article 133 D.-the right to repair the carrier. The conveyor that any compensation or provides benefits or assistance to a passenger by causes or circumstances arising in whole or part to the Act or fault of a third party, will always have the right to demand compensation for the damages suffered, including costs and expenses of such compensation, benefits and assistance, according to the General rules of the law of such third party.

Article 133 E-in the event that carrier fit a passenger in a class higher than that had paid, and this is due to any cause beyond the control of the passenger, carrier may not require co-payment any.

Article 133 f.-individual and collective actions to punish infringements of the rules contained in this paragraph and obtaining benefits, reparations and compensation that are established, will be processed in accordance with the procedure and the courts referred to in title IV of law No. 19.496, on protection of the rights of consumers , and for purposes of the provisions of this law, shall be also competent, at the choice of the passenger, the Court of his domicile. "."