General Terms and Conditions of Air Transport Services

1. Definitions

Unless the context requires otherwise, the following definitions shall apply. These definitions shall be understood as including both the singular and plural forms.

Ticket/e-ticket: this refers to the itinerary or receipt issued by or on behalf of the contractual transporter, electronic coupons and, if applicable, a boarding document of which these conditions are an integral part.

Contractual transporter: any air transporter that transports or agrees to transport the passenger and that passenger’s luggage under the air transport contract.

De facto transporter: another transporter that undertakes all or part of the transport services contracted with the contractual transporter under the latter’s authorisation.

Montreal Convention: A Convention for the standardisation of certain rules for international air transport, signed in Montreal on May 28, 1999.

EC Regulation 2027/97 of October 9, 1997 by the Commission, amended by EC Regulation 889/2002 of May 13, 2002, regarding the responsibilities of European Community airlines in relation to transporting passengers and their luggage.

EC Regulation 261/2004 of February 11, 2004 by the European Parliament and the Commission, which establishes common standards regarding compensation and assistance to airline passengers in the event that boarding is denied or flights are severely delayed or cancelled, thereby repealing EC Regulation 295/91.

2. Applicable regulations

Transport conducted under a contract signed through the Website shall be subject to the regulations and limitations established by the Warsaw Convention of 1929 and the Montreal Convention in the versions in effect at the time the reservation is made, unless such transport cannot be considered international transport according to the definitions established by the aforementioned Conventions, in which case it shall be subject to applicable national legislation. Whenever it does not contravene this legislation, the transport and other services provided by the transporter shall be subject to the provisions appearing on the airline ticket, any applicable taxes, the transport conditions established by the transporter and the provisions contained in this contract, with the exception of transport conducted between any point in the United States or Canada and any other point outside these countries, in which case the regulations currently in effect in those countries shall apply.

3. Valid term of the ticket

An airline ticket shall be valid for a minimum of TWELVE (12) months from the date of issue, unless a different period is specified on the ticket, in the transport terms and conditions, in the applicable regulations or in the transporter’s fee manuals.

4. Fees and conditions

The prices indicated on the Website include airport taxes and fees, which are itemised whenever they are added to the airfare. However, the prices do not include the cost of visas or exit taxes for various countries and territories.

Airport taxes and fees are subject to modification subsequent to the ticket purchase date. If a tax or fee is increased after the ticket purchase date, the passenger must pay the difference between the purchase price and the revised price. If delays in the payment of the reservation result in modifications of the applicable airport taxes and fees, these increases shall be passed on to the User from the moment of making the reservation until issuance of the ticket.

In order to offer the User the best price, both round-trip and one-way airfare shall be offered on round-trip reservations, i.e. for a round-trip reservation, one ticket shall be offered for the departure and another separate ticket for the return trip. The terms of cancellation and modification for each ticket shall be independent from those of the other, thus the policies specific to each flight and each airline shall apply.

5. Documents required for the flight

Users shall be responsible for making any necessary inquiries in order to determine the documentation required by law and the authorities for flying to their destination and for procuring such documentation, as well as for fulfilling any specific requirements of the competent government authorities in each case (for example, vaccines), without recourse to any claims whatsoever against Destinia arising from their inability to embark on a booked flight due to their failure to obtain the necessary documentation or to fulfil the requirements of the competent government authorities, as Destinia has fulfilled its general informational obligations.

The User declares his or her knowledge of the government requirements in terms of documents, whether for entrance or exit, and agrees to comply with all applicable provisions. This information can be found in the website of Spain’s Ministry of Foreign Affairs at www.maec.es or obtained from the appropriate agency corresponding to the User’s nationality.

5.1. Domestic or national flights

For all flights, it is mandatory to be in possession of a valid ID. Some national flights may be considered international flights, in which case the passengers must be in possession of a valid ID or passport.

5.2. International flights

On flights within the Schengen Area, whenever the User is a citizen of a European Union country, only a national ID is required, unless the Treaty has been temporarily suspended.

It will be necessary to carry a national ID or passport, and depending on the destination, it may be necessary to procure a visa, as well. In no event shall a resident card be accepted as the sole means of identification. Citizens of Spain in possession of a valid Spanish e-passport may travel to the United States without a visa under the Visa Waiver Program (VWP) through the Electronic System for Travel Authorisation (ESTA), which includes travel passing through the United States.

5.3. Minors

Minors under the age of 18 are not permitted to travel unless they are accompanied by an adult. The user is fully and exclusively responsible for booking the flight in compliance with the minimum age requirements. In the event that the reservation fails to comply with these requirements, please be advised that the airline may refuse to allow any non-compliant passengers to board.

Minors up to 14 years of age travelling with parents must be in possession of their Family Record Book in order to fly within the national territory, and their parents must carry proper identification, as well. They will need a national ID for European Community flights (in the Schengen Area) and a passport (and visa if required by the destination country) for international flights and European Community flights not covered under the Schengen Agreement. Minors over the age of 14 must present the same documents as adult passengers. In any case, we recommend consulting the specific airline to verify exactly what documents will be required.

For unaccompanied minors, in addition to the aforementioned documents, the parents or guardians must submit a letter of authorisation and fill out the documents required by the airline for accepting unaccompanied minors. It is recommended to consult the airline regarding its specific requirements.

Please be advised that budget airlines (Ryanair, Easyjet, etc.) will not transport minors under the age of 18 without the accompaniment of an adult.

The User is solely responsible for obtaining a boarding pass through the means provided by the various airlines, as well as for choosing the most suitable option in each individual situation.

6. Confirming flight departure times

It is mandatory that the User confirm the flight departure time with the airline at least 24 hours in advance, as airlines may modify departure times at the last minute without sufficient time to inform passengers of such modifications.

Furthermore, in the case of special or charter flights, the airline ID data, the airplane class, the schedule, the itinerary and any possible layovers are merely general indications, so it is recommended that the User confirm this information prior to the scheduled departure of the flight.

7. Additional services (customised support)

The customised support services (ECO, BRONZE, SILVER, GOLD) are packages with services sometimes associated with insurance. Under no circumstances are these packages refundable (except in cases of force majeure).

8. Luggage

Payment for checking in any luggage besides carry-on bags must be made at the respective airline’s ticket counter, where the luggage will receive a bag tag. Any luggage that has been checked in will be handed over to the person holding the corresponding bag tag stub.

The fee for luggage check-in does not always apply from the point of origin to the final destination, as luggage may need to be checked in again at a connecting airport. The policy regarding luggage check-in depends on the airline (the luggage check-in fees of some airlines, such as Vueling, only cover the first flight when there is a layover) and on the specific airport or country in which the final destination or any layovers are located.

The airline is obligated to transport the passenger’s luggage, although it may limit the number or maximum weight of the bags and may opt to charge a fee, which must be established in the transport contract. We recommend consulting the airline regarding its policies on carry-on luggage prior to embarking on a flight.

In the event of any luggage incidents (damage, delays, loss, etc.), in accordance with the Montreal Convention, the airline is solely responsible for damages.

8.1. Luggage incidents (loss, damage, delay, etc.)

In the event of an incident with the User’s luggage, we recommend reporting the incident at the airline ticket counter (or to the handling agent or representative if the airline has no ticket counter) prior to leaving the airport. Upon reporting the incident at the airport, the airline or handling agent will issue a Property Irregularity Report (PIR), including a copy to be retained for the User’s records.

A formal claim must also be submitted to the transporter in writing, including a copy of the PIR. All claims must be filed within the time limits established by the Montreal Convention:

Damaged luggage: In the event that luggage has been damaged, the corresponding claim must be submitted to the transporter within a maximum of 7 days from the date of such damage.

Delayed luggage: If luggage is delayed, a claim must be submitted within 21 days of the date on which the luggage was supposed to be received.

Lost luggage: The Montreal Convention does not establish a time limit for lost luggage. However, it is recommended to submit a claim as soon as possible once the 21-day period during which the luggage is considered ‘delayed’ has passed or upon confirmation from the airline that the luggage is indeed lost.

8.2. Claims company

In order to process claims against airlines, Destinia makes the services of Reclamador.es and Populetic available to the User. RECLAMADOR S.L. is a Spanish corporation with tax ID number B-86474012 and registered offices in Madrid at 76 Calle Zurbano, #7 Left, 28010, recorded in the Commercial Registry of Madrid in vol. 29,888, folio 121, sheet M-537869, and CUSTOMER CARE TECHNOLOGIES S.L. (Populetic) is a Spanish corporation with tax ID number B66546425 and registered offices in Barcelona at 97 Calle Rambla Iberia, 08205 Sabadell, recorded in the Commercial Registry of Barcelona in vol. 44875, folio 129, sheet B-470060.

Reclamador.es or Populetic will process the claim on behalf of the User.

9. Cancellations and refunds

9.1.Destinia considers any reservations that include a booking reference number to be confirmed and therefore definite. Once a reservation is confirmed by the airline, the tickets are issued and the cancellation and modification policies established by the airline become effective. Neither Destinia nor any third-party airline with which subsequent flights have been booked shall be held liable for any costs or damages arising from such cancellations or modifications.

9.2. In the event that a flight is cancelled or delayed, the provisions of the corresponding legislation shall apply. If the airline cancels or delays a flight or denies boarding to a User with a validly issued ticket with the result that the User fails to arrive at the final or layover destination in accordance with the confirmed timelines established in the transport contract, or if such action results in the loss of a connecting flight, whenever such connection is part of the transport contract and appears as a guaranteed service contracted by the User, the latter shall have the right to receive compensation in the terms set forth by applicable legislation. If any of the situations mentioned in the preceding paragraph should occur, the User must immediately request that the representative of the airline responsible for carrying out the flight attempt to resolve the issue.

9.3. If the User is denied boarding or is subjected to the cancellation or significant delay of a flight and the airline responsible for carrying out the flight fails to fulfil its duties, the User must submit a claim with the competent national authority. If the flight departs from a country in the European Union, the claim must be submitted in that country. If flying from outside the European Union on a flight operated by a company located in the European Union, the passenger must submit any claims in the European Union country in which the flight disembarks. To obtain the name and address of the competent authority or to learn about organisations that can provide advice or assistance with other claims (for example, those related to luggage, travel packages, bodily injury or death), the User may contact Europe Direct toll-free at 00 800 67 89 10 11 or via email at mail@europe-direct.cec.eu.int.

9.4. Among the tickets offered by Destinia, some have non-refundable airfare, which means that no type of reimbursement shall be available in the event of changes, modifications or cancellations initiated by the User. In the case of this type of airfare, the User agrees to the terms and conditions of the tickets he or she obtains from the airline, acknowledges that such tickets are not refundable under any circumstances and waives any right to reimbursement. For this reason, it is recommended that the User secure Cancellation Insurance at the time of confirming the reservation.

9.5. Reservations made with budget airlines: Although Destinia is available for inquiries, any cancellations related to these tickets must be made directly by the User. In the event of changes or cancellations initiated by the airline, the airline shall be solely responsible for these, as Destinia merely acts in its capacity as broker for this type of reservation.

10. Modifications requested by the User

10.1. If a User makes a request to cancel or change the date of a reservation, the decision shall be made on a case-by-case basis, subject to the airline’s consideration and acceptance, and the User shall be informed as to the specific modification and cancellation policies applying to the reservation. Destinia will charge handling fees in the amount of FORTY euros (€40) per person for date changes or cancellations. These handling fees are not refundable under any circumstances. In the case of budget or low-cost airlines, if the reservation permits changes, cancellations or requests for special services, it is mandatory for the User to contact the airline directly, as Destinia cannot implement special requests, changes or cancellations in the tickets issued by the these airlines.

10.2. In order to process a change or cancellation, Destinia must receive the request and the User’s acceptance of the fees related to the change or cancellation in writing at least SEVENTY TWO (72) hours prior to the scheduled departure. In order for a request for modification or cancellation to be considered received, it must be delivered during office hours from 8:00 a.m. to 10:00 p.m. GMT +1 Monday through Friday and 9:00 a.m. to 6:00 p.m. GMT +1 on Saturdays. Otherwise, the request shall be considered as being received on the following business day (non-working days are Saturdays after 6:00 p.m. GMT +1 and Sundays).

10.3. The data entered when confirming a purchase (personal information, selected flights, etc.) must be correct, as any subsequent modification may entail loss of the original airfare paid, plus any penalties imposed by the airlines and Destinia’s handling fees in the amount of TWENTY euros (€20) per passenger, as a consequence of issuing new tickets. If the reservation contains errors due to the User having provided incorrect data, the User must contact Destinia as soon as possible in order to make the necessary arrangements with the airline and minimise any possible fees.

10.4. Destinia will charge €10,00 from service fee for add extra service to your booking flight after purchasing confirmation like bagagge, boarding pass, milles card or similars in each request.

11. Cancellation insurance

Destinia offers the User the opportunity to secure Cancellation Insurance, which, in accordance with the conditions and requirements stipulated in the policy, permits recovery, when necessary, of any sums paid for the reservation. Destinia recommends purchasing this insurance, which becomes effective the moment the reservation is confirmed. Destinia recommends reviewing the General Terms and Conditions of the policy, as well as any possible exclusions, prior to purchasing the insurance.

12. Discount for residents of the Balearic Islands, Canary Islands, Ceuta and Melilla

During the reservation process, if the User checks the box indicating that he or she is a resident of these areas, the prices displayed will include the discount whenever permitted by the specific airline and flight, and the User’s consent will be requested to verify his or her resident status through the automated resident verification system (known by its initials in Spanish, SARA).

Confirmation of the reservation shall be conditioned on the User’s resident status being verified.

This discount may not be applied retroactively to tickets that have already been confirmed or used. Before requesting a ticket including the resident discount, it is the User’s responsibility to make any necessary inquiries regarding the required documentation and whether or not the User’s nationality or legal status entitles him or her to this discount.

13. Large family discounts

In accordance with Order 3837/2006 issued by Spain’s Ministry of Public Works, a discount shall be applied on national airfare for members of large families. This discount may be combined with the discount given to residents of the Balearic Islands, Canary Islands, Ceuta and Melilla.

In order to obtain the large family discount, the User must prove his or her large family status to the airline by presenting a valid official large family certificate or individual document issued by the corresponding Autonomous Community.

During the ticket purchasing process, the necessary information will be requested in order to confirm that the User qualifies for this discount.

When electronic sales are not permitted, at the time of payment, prior to boarding, the User must present the documents required by the transporter for verification, even if the User has already been issued a boarding pass. If the User fails to prove his or her identity or large family status, or if the information does not coincide with the person whose name appears on the ticket, the User may not embark on the corresponding flight using that ticket.

13.1 Large family discount with low-cost or budget airlines

This type of discount is not always applicable on flights operated by low-cost or budget airlines. Therefore, in order to take advantage of this discount, the User must request the information from Destinia or make the reservation directly with the airline.

14. Responsibilities of the airlines regarding passengers and their luggage

14.1. Indemnification in the event of injury or death

In accordance with applicable regulations, the transporter is liable for damages in the event that a passenger suffers bodily injury or death, whenever the accident causing the injury or death has occurred aboard the airplane or during the boarding or disembarking process. The liability of the airline may be partially or fully waived if it can be proved that the negligence or undue action or omission on the part of the passenger caused or contributed to the incident.

There is no liability ceiling limit in the event of the injury or death of a passenger. The transporter may not contest any claims for indemnification of damages up to a maximum amount of SDR 100,000. Above this amount, the airline may only contest a claim in the event that it can prove that the damages occurred through no negligence or fault of their own or that the damages resulted solely from the negligence or other undue action or omission of a third party.

14.2. Advance payment in the event of injury or death

In the event of the injury or death of a passenger, within fifteen days from the date of identifying the person to whom indemnification is due, the airline must pay a sufficient sum of money in advance to cover that person’s immediate financial needs. In the event of death, this advance payment may not be less than SDR 16,000.

14.3. Delayed luggage

In the event that luggage is delayed, the airline is liable for damages whenever it has failed to take or been unable to take all reasonable measures to prevent such damages. Liability in the case of delayed luggage shall be limited to SDR 1,000.

14.4. Destruction, loss or damage to luggage

In the event that luggage is destroyed, lost or damaged, the airline shall be liable up to the amount of SDR 1,000. With regard to checked-in luggage, the airline is liable even when not at fault, except when the luggage was already damaged. With regard to luggage that was not checked in, the airline is only liable for damage for which it is at fault.

14.5. Higher limits for luggage

The passenger may increase the limits of liability by making a special declaration and paying a surcharge at the time the luggage is checked in.

14.6. Liability of the airline with which the service was contracted and the airline responsible for providing it

If the airline responsible for carrying out the flight is not the same as the airline with which it was contracted, the passenger may submit a complaint or claim to either airline. If the ticket displays the name and code of an airline, this is the contracting airline.

14.7. Time limits for submitting claims

Any claim submitted before a court of law must be presented within a period of 2 years from the date of the airplane’s arrival or the date on which it was supposed to arrive.

14.8. Basis of the information

The regulations described herein are based on the Montreal Convention of May 29, 1999, implemented in the European Community through EC Regulation 2027/97 (amended by EC Regulation 889/2002) and national legislation in the various member states. This notice, which is required under European Community (EC) Regulation 889/2002, may not be used as grounds for a claim for damages or for purposes of interpreting the provisions of the Regulation or the Montreal Convention.

14.9. Passenger rights in the event that boarding is denied or a flight is severely delayed or cancelled

Article 5 of EC Regulation 261/2004 establishes that if a passenger is denied boarding or the flight is cancelled, the airline responsible for carrying out the flight is obligated to indemnify the passenger and provide assistance. Whenever payment has been made within the specified period, the following passengers shall avail of these rights for any flight, including charter flights:

1. Passengers flying out of an airport located within the territory of an EU member state subject to the provisions of the Treaty
2. Passengers flying out of an airport located in a third country whose destination is another country located within the territory of an EU member state subject to the provisions of the Treaty, unless they have the right to benefits or compensation and assistance in this third country, whenever the airline responsible for carrying out the flight in question is a European Community transporter.

14.10. Denial of boarding

Whenever the number of passengers exceeds the number of available seats, the airline must first ask for any volunteers to give up their seats in exchange for certain compensation, including a refund for the amount of their ticket (with a free return ticket to the original point of departure, if applicable) or an offer for alternative transport to the final destination.

If there are no volunteers, the airline must pay the passenger compensation in the amount of 250 euros for flights of less than 1,500 kilometres, 400 euros for flights over 1,500 kilometres within the European Union or flights outside of the Community between 1,500 and 3,000 kilometres, and 600 euros for flights over 3,500 kilometres outside of the European Union. This compensation may be cut in half if the delay in alternative transport is no greater than 2, 3 or 4 hours, respectively.

The airline is obligated to give the passenger the choice between reimbursement for the amount of the ticket (along with a free return ticket to the original point of departure, if applicable) or an alternative means of transport to the final destination, and to offer him or her sufficient food and drink, as well as lodging at a hotel, when necessary (including transport to and from the hotel), at no charge, in addition to providing means of communication.

14.11. Cancellation of flights

In the event that a flight is suspended, the airline responsible for carrying out the flight must give the passenger the choice between reimbursement for the amount of the ticket (along with a free return ticket to the original point of departure, if applicable) or an alternative means of transport to the final destination, and to offer him or her sufficient food and drink, as well as lodging at a hotel, when necessary (including transport to and from the hotel), at no charge, in addition to providing means of communication.

The airline may also be required to compensate the passenger in an amount equal to that payable in the event of denied boarding, unless the passenger has been notified of such cancellation sufficiently in advance and has been offered alternative transport with a schedule close to that which was initially anticipated.

All compensation or refunds shall be paid in cash, via EFT, by check, or in travel vouchers upon the passenger signing an agreement thereto, and shall be effectuated within a period of 7 days.

If these rights are denied, the User must submit a claim with the airline operating the flight.

14.12. Severe delays

Immediate assistance: If the passenger makes the payment within the specified period for any flight, including charter flights, departing from an airport within the European Union or arriving at an airport within the European Union from another airport outside of it when the flight is operated by an airline from the European Community, and if the airline operating the flight anticipates a delay of 2 hours or more for flights of less than 1,500 kilometres, 3 hours or more for flights of more than 1,500 kilometres within the European Union or other flights between 1,500 and 3,500 kilometres, or 4 hours or more for flights of more than 3,500 kilometres outside of the European Union, the airline is obligated to offer him or her food and drink, as well as lodging at a hotel, when necessary (including transport to and from the hotel), in addition to providing means of communication.

When the anticipated delay is 5 hours or more, the airline must also offer the User a refund of the amount of the ticket (along with a free return ticket to the original point of departure, if applicable).

If these rights are denied, the User must submit a claim with the airline operating the flight.

Subsequent claims: If the party responsible for the delay of a flight in any part of the world is an EU airline, the User may claim up to SDR 4,150 in damages. If the airline is not in agreement with the claim, the User may resort to the courts of law.

The User may file a claim against the airline with which he or she contracted the flight or against the one operating it if they are not the same.

Liability: Any limitation or waiver of the transporter’s liability shall apply to its agents, representatives and employees, as well as any other individual or entity whose aircraft is used by the transporter for transport and the representatives, agents and employees of that individual or entity.

The provisions of the Contract are binding to every agent, employee and representative of the transporter that does not have the authority to modify or renounce them.

Destinia shall not be held liable for any duplicate reservations the User may make, nor shall it be held liable for impracticable reservations, for example, if one passenger has reservations for flights to two different places at the same time.

15. Unpaid airline tickets

If the User’s credit card is rejected or declined for the amount of the reserved airline tickets for any reason in a sale in which Destinia acts as broker, the reservation may be cancelled without notice by the airline.

If there is a charge-back, cancellation or rejection of the charges made on the credit card, whether in full or in part, Destinia shall have the right to charge a fee for non-payment upon having issued and paid for the airline tickets.

16. Responsibilities of the User

The passenger is required to arrive at the airport at the time established by the airlines or sufficiently in advance to make all the necessary arrangements prior to the flight and, in any event, at least an hour-and-a-half before national flights and two hours before international flights. Destinia shall not be held liable for the User’s failure to comply with this precaution.

17. Connections

In the case of connecting flights, the User should be aware that there is a series of minimum connection times that must be observed. If the User complies with these and still misses the connecting flight, the airline shall be responsible for putting him or her on the first available flight, unless the passenger has some sort of restricted ticket. When connecting flights are provided by airplanes from the same airline and the flights are missed through fault of the airline, the airline shall be liable 100 percent of the time.

It is recommended that the User enquire with Destinia as to the minimum connection time and that he or she always allow a sufficiently prudent margin between flights.

Destinia displays flights with connections that observe the minimum connection times established by each airport. These minimum times for each airport are established in relation to connections between planes without taking checked-in luggage into account, i.e. the connections are guaranteed whenever the User does not have to retrieve his or her luggage at the connecting airport and check it in again. In the event that luggage needs to be checked in again during the trip, connection times must allow for more than 2 hours.

The User is responsible for avoiding scheduling flights without allowing at least the amount of time indicated above in order to make a connection. Failure to observe this margin involves a risk that cannot be controlled or minimised by Destinia.

Airlines occasionally offer direct flights with technical stops at points other than the departure or arrival destinations. These stops may be for purposes of changing planes, picking up additional passengers or any other technical matter. Destinia shall inform the User of these stops whenever the airline has provided this information. In no event shall Destinia be held liable for any resulting damages or inconvenience.

18. Special services required by the User

If the User needs to confirm any type of special service, such as a wheelchair, animal transport, either in the cabin or in the hold, or special dietary requirements, he or she must indicate this in the SPECIAL INSTRUCTIONS field. In the case of wheelchairs, the User must specify the type of service needed, whether or not he or she can use stairs, etc. In the case of animals, the User must specify the type of animal, the means of carriage and the combined total weight of the animal and the carrier.

If the User wishes to confirm the reservation of a service, even if the service is denied by the airline, he or she is fully responsible for indicating this in the SPECIAL INSTRUCTIONS field. In the event that the information is unavailable, we will confirm the reservation alone, without regard to the status of the requested service.

19. Responsibilities of Destinia

Destinia, as the legal owner of this Website, offers various air transport services to the User, acting in the name and on behalf of the air transporters. In no event shall the operation of this Website be construed as a means of direct sales in the name of these services, as Destinia acts solely as a broker in all cases. Low-cost or budget airlines directly process the tickets they issue.

Updated 01-06-2015