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Introduction Thank you for visiting the Aeromexico Internet page "aeromexico.com" (the "Site"). On accessing and using the Site, you agree to be bound by the following Agreement without limitation or qualification; therefore we request that you carefully review this Agreement before continuing. If you do not agree to be legally bound by these terms and conditions, you may not access the Site. Aeromexico reserves the right to amend this Agreement and make changes to any of its products or programs described in the Site at any time without prior notice and free of liability. All such reviews are obligatory for you and therefore, you must visit this screen periodically when you use the Site in order to review the Agreement in force. Aeromexico also reserves the right, at its entire discretion, to deny access to the Site at any time. On occasions, Aeromexico executes agreements with third parties to provide its customers with the opportunity to acquire services, products and special prices offered by said parties. You shall not be considered to be in breach of this Agreement when abide by the terms and conditions of such program. Equally, the terms and conditions herein shall be considered as extended to the extent necessary to permit such third parties that have executed formal contracts with us to operate under the terms hereof. The sub-headings hereof are provided for ease of reference and shall not be used for the interpretation hereof. |
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|  | Intellectual Property Notice
|  | Unless otherwise stated, all information, the Club Premier Account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Internet pages and other material (referred to as a whole as the "Contents") that appear on the Site shall remain the exclusive property of Aerovías de México, S.A. de C.V., Aeromexico, or its subsidiaries and affiliates: | | All information, products, services and software contained on the Site or used on the Site (hereinafter referred to as the "Contents") is registered under copyright by Aerovías de México, S.A. de C.V. All rights reserved. It shall be considered that all material viewed or read on the Site is registered under copyright in the name of Aeromexico or used with the permission of same, unless otherwise stated. | | Registered trademarks, logos, service brands and trade dresses (referred to as a whole as the "Trademarks") that appear on the Site are registered and non-registered trademarks, of Aerovías de México, S.A. de C.V. or other parties. | | Images of persons, objects, places that appear on the Site shall remain the property of Aerovías de México, S.A. de C.V., or are used with said party's permission. | | Aeromexico is the owner or licensed user of all the software contained on the Site, including but not limited to, al the controls of the HTML and the Active X codes. This software is protected by copyright and other laws as well as by the stipulations of international treaties. The law expressly prohibits the modification, redistribution or reproduction of software, and that said offences may lead to the imposition of severe civil and criminal penalties. Aeromexico shall bring legal action and shall support any legal action against any party that breaches said legislation to the fullest extent of the law. | | All copying, displaying, distributing, downloading, granting under license, modifying publishing, re-sending, reproducing, re-using, selling, transmitting, using to create related work or using in any other manner of the contents of the Site for public or commercial purposes is strictly prohibited. No part of the contents of the Site shall be interpreted as conferring any concession or license to use any intellectual property whether by impediment, implication or any other manner. |
| | | | Limitations of use
| | Aeromexico offers the Site solely in order that users may check the availability of goods and services offered on the Site and to make legitimate reservations or conduct any other business with Aeromexico, and for no other purpose whatsoever. The Site is for personal use and not commercial use. The user hereby agrees to use the Site's services solely to make reservations or legitimate purchases for yourself or on behalf of another person for whom the user is authorized to act legally in accordance with the terms herein. | | The user hereby agrees with no limitations whatsoever to refrain from making false reservations or any reservations in advance of demand. Should Aeromexico determine that the user has confirmed various reservations to one or more destinations on or close to the same date, Aeromexico, without prior notice, shall reserve the right to cancel all the space confirmed related to multiple reservations. The user hereby accepts to be bound by the terms and conditions of purchase imposed by Aeromexico including, but not limited to, the payment of all amounts when they fall due and the compliance of all rules regarding the availability of tickets, products and services. The user shall remain fully liable for all evaluations, charges, rights, quotas and taxes arising from the use of the Site. | | User account information shall remain the exclusive property of Aeromexico. While the user may access your account information through the Site, the user may not permit access to any third party that is not a family member or under the user's direct supervision as part of their employment. The user may not permit access to their account to a third party Internet service, including, but not limited to, any mileage administration service, mileage registration service or mileage accrual service. | | The user must access your account information directly through the Site and not through a different page, including, but not limited to, any mileage administration service, mileage registration service or mileage accrual service. You shall also be in breach hereof if you permit any Club Premier Member to access the account information without visiting the Site. | | The user hereby accepts not to misuse the Site. The term "Misuse" includes, but is not limited to, the use to the Site to perform any of the following actions: |
| | | | Misuse
| | Distribute, disclose, announce or publish any information or material that degrades, embarrasses, harass, humiliates, intimidates or threatens any individual or group of individuals based on their ages, descendence, color, ethnic origin, marital status, medical condition, physical or mental incapacity, national origin, race, gender, sexual orientation, union or non-union affiliation or any basis protected by federal, state or local law. | | Abuse, defame, harass, threaten or infringe the legal rights of others in any manner whatsoever, including, but not limited to, the privacy and publicity laws. | | Download or upload files that may harm the operation of another party's computer, such as viruses, corrupted files or similar software. | | Download or upload files that contain, including, but not limited to, software the breaches copyright, privacy and publicity rights of other parties, unless you hold, control or have been authorized to exercise said rights. | | Declare incorrectly or omit to quote the origin of the source of any downloaded or uploaded file. | | Download or upload files that do not contain the exclusively announced language, the author's references and/or the copyright, patent or trademark note. | | Participate in any commercial purpose, including, but not limited to:
1. Announcing or offering any goods or services.
2. Conducting competitions or surveys.
3. Distributing chain letters or announcing any Ponzi or pyramid plan.
4. Announcing or offering to sell any business opportunities, direct sales opportunities, employment, independent contractors' posts, multi-level sales opportunities or assets. | | Announce, send or by any other means, disclose any confidential information, commercial secrets or other exclusive confidential and/or protected data belonging to any individual or company, including, but not limited to, Aerovías de México, S.A. de C.V. or any of its affiliates. | | Download or upload files that as far is reasonably known, cannot be legally distributed through the Site. | | Copy or create work arising from displaying, distributing, granting under license, producing, recreating, reproducing, selling, transferring or transmitting any information, products, services or software obtained from or through the Site. | | Supervise or copy any Contents by means of any manual process, robot, spider or other automatic device without the prior written consent from Aeromexico. | | Act as an agent or attorney for any party that is not:
1. Immediate family; or
2. A direct superior at work. | | Undertake any action that imposes or may impose an unreasonable or too large a burden on the infrastructure of the Site. | | Act as a mileage administration service, mileage registration service or mileage accrual service on behalf of any Club Premier member. | | Access the information of any Club Premier member protected by the site connection and announce it on any other website, with or without the prior consent of said Club Premier member. | | Use another Club Premier member's password or PIN number during the connection, unless the user is:
1. The Club Premier member to whom said password or PIN number has been assigned (the "Authorized Club Premier Member");
2. A family member of the Authorized Club Premier Member acting with the permission of the Authorized Club Premier Member; or
3. An employee of the Authorized Club Premier Member acting with the permission of the Authorized Club Premier Member. | | Participate in any conduct that is, or that Aeromexico considers to be in conflict with this Agreement. Aeromexico prohibits Misuse and access to the Site for the purposes of Misuse or other similar purposes shall be considered as unauthorized use of the Site. |
| | | | With no guarantee from Aeromexico
The Contents may contain inaccuracies and/typographical errors. Aeromexico may alter, change or improve the Contents at any time without prior notice. Aeromexico makes no statement or guarantee as to the completeness or the accuracy of the Contents and does not commit itself to updating it. Aeromexico makes no statement about the appropriateness of the Contents for any purpose whatsoever. USERS USE THE SITE ENTIRELY AT THEIR OWN RISK. THE CONTENTS IS PROVIDED "AS IT IS" WITHOUT ANY GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLICIT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLICIT GUARANTEE OF EXPECTED PRIVACY, OWNERSHIP FOR A SPECIFIC PURPOSE, BREACH OF THE LAW OR PROPERTY. UNDER NO CIRCUMSTANCES SHALL AEROMEXICO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGE (EVEN AS CONSEQUENCE, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR ANY OTHER DAMAGE) THAT MAY ARISE FROM OR IS RELATED TO THE USE OR THE INABILITY TO USE THE SITE OR FOR ANY PART OF THE CONTENTS OBTAINED THROUGH THE SITE OR ANY OTHER MEANS RELATED THERETO, REGARDLESS OF WHETHER SUCH DAMAGE IS BASED ON CONTRACTS, NET LIABILITY, LOSS OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AEROMEXICO RECEIVED A REAL OR IMPLICIT NOTIFICATION OF THAT IT WERE LIKELY THAT SAID PARTY WOULD CAUSE SUCH DAMAGE.
Aeromexico does not guarantee or state that the use of the information and material contained on the Site shall breach the copyright of third parties. Aeromexico shall not be liable for any virus or other damage caused to users' computer equipment or other property as a result of accessing navigating or using the Site, or as a result of downloading any audio, image, material photograph, text or video file from the Site. Since Aeromexico offers products and services all over the world, the Site may make reference to certain goods, products and/or services that are not available in the user's area. A reference to goods, products and/or services without limiting their geographical scope shall not imply that Aeromexico offers or intends to offer such goods, products and/or services in all parts of the world. | | | | Product Descriptions
aeromexico.com and its affiliates try to be as accurate as possible. However, aeromexico.com does not guarantee that descriptions of the products or other contents of the site are accurate, complete, reliable and up-to-date and free of errors. If a product offered by aeromexico.com is not as described, the user's sole remedy shall be to contact Customer Care. | | | | Use of information provided by users
In accordance with Aeromexico's Privacy Policy, we request users to provide certain information when purchasing journeys or when using certain personalized services. The user agrees to provide accurate information when so requested. Under no circumstances shall false or inaccurate information be provided. In order to review our Privacy Policy, click on the "Privacy Policy" link at the foot of any screen.
Users may not use false e-mail addresses, supplant any individual or company or in any other manner conceal the origin of a card or other content. aeromexico.com reserves the right (but not the obligation) to eliminate or edit such content.
We may provide users with pass codes for the use of certain services. This pass code shall remain the exclusive property of Aeromexico. However, precautions must be taken to protect the security of the pass codes. Aeromexico shall not assume any liability whatsoever and shall not be liable for damage incurred as a result of the disclosure of the pass code to or use of the pass code by a third party.
Although Aeromexico adopts all reasonable measures to store and avoid unauthorized access to your personal information, we cannot be held liable for the actions of parties that achieve unauthorized access and therefore we do not extend any express or implicit or any other guarantee against unauthorized access to your personal information. UNDER NO CIRCUMSTANCES SHALL AEROMEXICO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGE (EVEN AS CONSEQUENCE, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR ANY OTHER DAMAGE) THAT MAY ARISE FROM OR IS RELATED TO UNAUTHORIZED ACCESS BY A THIRD PARTY TO A USER'S INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGE IS BASED ON CONTRACTS, NET LIABILITY, LOSS OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AEROMEXICO RECEIVED A REAL OR IMPLICIT NOTIFICATION OF THAT IT WERE LIKELY THAT SAID PARTY WOULD CAUSE SUCH DAMAGE. | | | | Links to other sites and to "The Site"
Aeromexico specifically denies permission to form hyperlinks or offer references to the Site, unless permitted in accordance with a separate written agreement with Aeromexico. Aeromexico also denies permission to use any material protected under trademark and copyright law to offer said hyperlinks and references, unless permitted in accordance with a separate written agreement with Aeromexico. Aeromexico shall not be liable for sites that offer hyperlinks and references to the Site unless such sites are operated by Aeromexico. | | | | Users' Communication with Us
Aeromexico shall not treat any communication sent to it via e-mail or any other means as confidential and shall not be obliged to refrain from publishing, reproducing or using users' communications in any manner whatsoever for any purpose.
Aeromexico shall not accept unrequested proposals related to its business, including, but not limited to, proposals for advertising, logo, names, processes, products, promotions, services, advertising and technological slogans. Therefore, Aeromexico requests users not to submit said proposals. Refrain also from sending artistic creations, plans, demonstrations, designs, diagrams, photographs or original samples. Aeromexico has adopted this policy to avoid claims that we have copied such unrequited ideas without authorization when, in fact, we develop the idea independently even before receiving the unrequested proposal. Should users send us unrequested proposals, it shall be understood that Aeromexico may use any idea, concept, invention, method or technique submitted in said communications for any purpose, including the development, production and/or marketing of goods, products or services. Aeromexico may use such concepts without any obligation whatsoever to offer any compensation for same. | | | | Electronic Communications
Users visiting aeromexico.com or sending us e-mails are communicating with us electronically. Therefore, users accept to receive electronic communications from us. We shall communicate with users via e-mail by placing notices on the Site or in the Club Premier e-Newsletter. Users hereby accept that all agreements, notices, disclosures and other communications sent by us electronically satisfy all legal requirements that such communications are in writing. | | | | Notice of Incorporated Terms
Air transportation is subject to the terms of individual contracts (that include rules, regulations, fares and conditions) of the air transportation companies, which are included for reference on each ticket issued and form part of the air transportation contract. Such terms may include, but may not be limited to the following:
1. Limitation of liability for personal injury and loss;
2. Limitation of liability for baggage, including fragile or perishable goods and the availability of excessive evaluation coverage;
3. Claim restrictions that include periods in which passengers must file claims or bring legal action against the air transportation contractor;
4. Rights of the air transportation contractor to amend the terms of the contract;
5. Rules for the confirmation of reservations, passenger check-in times and declining to offer transportation services; and
6. Rights of the air transportation contractor and limitations of liability for delay and the impossibility to render the service, including schedule changes, the substitution of air transportation contractors, alternative equipment and changes to routes.
Users can obtain additional information about points 1 through 6 anywhere where Aeromexico tickets can be purchased. Users reserve the right to review the entire text of the rules of the air transportation contractor that renders the service at the user's airport and at the corresponding ticket offices. Users are also entitled, when applicable, to receive the entire text of the applicable terms, free of charge, included for reference of each air transportation contractor that renders the service. Information of how to request the complete text of the terms of each air transportation contractor is available in the United States of America when air tickets are sold. | | | | Currency
All monetary amounts quoted on aeromexico.com are expressed in Mexican Pesos (MXN) or United States Dollars (USD), except where otherwise stated. | | | | Identification
For safety reasons, Aeromexico requires that all passengers over 18 years of age present an official identification in order to be able to travel. The acceptable forms of authentic identification are:
Voting card with photograph issued the Federal Electoral Institute
Valid passport
National Military Service card
Note: Transportation may be denied to passengers failing to present the aforementioned forms of identification. Although Aeroméxico does not ask those younger than 18 for identification on domestic flights, we recommend minors carry some form of identification like student cards, passport or birth certificate, as some airports require it. | | | | Overselling of Flights
Airline flights may be oversold and it is possible that a seat on a flight is unavailable when a customer has a confirmed reservation. If a flight is oversold, no passenger shall be denied a seat unless the airline personnel first ask for volunteers to assign their reservation in exchange for a compensation payment at the discretion of the airline. If there are insufficient volunteers, the airline may deny boarding to other passengers in accordance with the boarding priority. With a few exceptions, passengers denied boarding involuntarily shall be entitled to compensation. The complete rules for the payment of compensation and boarding priorities are available at all the tickets desks at airports and at boarding points. Certain airlines do not apply these measures of protection for the consumer to travel from certain countries other than the United States, although there may be other measure of consumer protection. Check with your airline or travel agent. | | | | Limitations of Liability for Baggage
Domestic flights - Notice of limitations of liability for baggage
Liability for loss to baggage shall be limited to 75 days of the current Mexico City minimum wage per passenger with ticket (for checked baggage).
No liability shall be assumed to electronic or photographic equipment, jewelry, cash, computer equipment or other articles of similar value.
All baggage damaged in transit must be reported within 24 hours of receipt.
International - Notice of limitations of liability for baggage for most international flights (including domestic segment of international flights)
Liability for loss of baggage shall be limited to approximately USD $20.00 per Kilogram for checked baggage.
Aeromexico takes no responsibility for damage or loss of valuables such as coins, jewelery, gems, photographic and video equipment, electronic devices, objects d´art, important documents, shares and negotiable papers or for easily perishable items, which are not considered as baggage and are carried without the knowledge and consent of the Airline.
All complaints regarding baggage must be made before 7 days of receipt.
Note:
The rules governing the limitations to Aeromexico's liability for lost, damaged or delayed baggage and the passenger's responsibility for the prompt notification of such loss, damage or delay shall vary in accordance with the nature of the journey. Contact any Aeromexico agent for the related information. | | | | Smoking
Aeromexico Lines prohibits smoking on all its flights. The use of tobacco products is prohibited on the entire Aeromexico flight system. | | | | Other Terms
This Agreement constitutes all issues that govern access to and the processes and the use of the Site. Separate agreements may be executed for any goods, products or services that users obtain, purchase or use on the Site.
If, at any time, Aeromexico omits to exercise its right pursuant to this Agreement, such omission shall not constitute a waiver of such right to exercise this and other rights at any other time or against any third party. Should any of the stipulations herein become invalid or unenforceable, such stipulation shall be eliminated herefrom without affecting the validity or enforceability of the remaining stipulations. | | | | Disputes
Any dispute whatsoever related to visits by users to aeromexico.com or with the products acquired therefrom shall be submitted to confidential arbitration in Mexico City, Mexico, and the user accepts the exclusive jurisdiction of the courthouse in force at the time of such proceedings. The arbitration judgment shall be obligatory for all parties and may be brought before any court with competent jurisdiction for the issue of a final judgment. To the greatest extent permitted by the corresponding legislation, no arbitration proceeding undertaken in accordance with this Agreement shall be connected to an arbitration proceeding related to another person subject hereto, whether through joint or separate arbitration proceedings. | |
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