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Terms and conditions

Terms and Conditions

1.0 General Policies


1.1 Introduction


The purpose of Aeroenlaces Nacionales, S.A. de C.V. (“VivaAerobus”) terms and conditions is to inform our clients of the standards and procedures in which our air transportation service (the “Service”) is based on (the “Terms and Conditions”).

“VivaAerobus” reserves the right to change and/or amend the Terms and Conditions, in whole or in part, as it deems necessary at any time and without previous notice and/or notification, which shall not cause any liability for “VivaAerobus”, being applicable the Terms and Conditions published on the web page www.vivaaerobus.com (the “Internet Site”) on the date on which the Service is rendered.

The titles allusive to the Terms and Conditions included herein shall only be used as reference and from them shall not be inferred any rights or obligations.

1.2 Definitions

Adult: Individual of 18 (eighteen) years old or over.

Airport(s): Public Service Civilian Air dome(s) that have facilities and adequate services for the receive and dispatch of aircrafts, passengers, cargo and mail of the regular air transport service in which “VivaAerobus has operations.

Personal Item: Shall be considered any personal item any purse, small backpack, diaper bag, or briefcase for a portable computer.

Ticket: Refers to the physical and/or electronic document that contains the information of the booking confirmed and paid by the Passenger in the “VivaAerobus” booking system, which specifies the name of the Passenger, route, date, time and rate of the procured Service.

Call Center: Refers to the area dedicated to the communication with the customer, partners, and entities, among others, by telephone as an inbound or outbound  means of communication, managed by specialized staff in conjunction with the necessary physical and technological resources based on defined processes and procedures to meet the customer’s needs.
 

Booking Changes:  Changes in date and/or time in the reserved Flight.

Sale Channels: It covers the sale and/or distribution of the airline´s seats inventory through the different technological platforms, affiliate networks and/or authorized physical sale points for the confirmation and booking.

Ticket Service Charges: Payment for the service of elaboration of the ticket itself and the consumption the airline has to make in order to provide the service: system maintenance, its manipulation personnel, suppliers.

Security Fee:  It refers to a special fee paid by the passenger to VivaAerobus for the airport services, which include security personnel, services that carry the baggage, personal inspection points

Security Fee: Refers to a special rate to be paid by the Passenger to VivaAerobus for the airport service, which includes the services of the security personnel, baggage transportation services, personal inspection services.

Personal Electronic Devices: Refers to cell phones, compact disc players or DVD, mp3, musical players, tablets, portable computers and any similar equipment that uses wireless connection.

Baggage:  Articles of personal use for the purpose and duration of the trip, which includes clothes, shoes and personal hygiene articles.

Checked-in Baggage: Refers to the baggage owned by the Passenger, which will be under the custody of “VivaAerobus” and shall be returned to the passenger upon presentation of the baggage ticket or slip.

Carry-on Baggage: Refers to the baggage permitted onboard the aircraft, being the Passenger allowed to carry one piece of baggage and one Personal Item.

Close Relative: Refers to any person who has a bond either for blood or affinity relation up to the first degree with the Passenger, understanding as close Relative the father, mother, children or spouse.

IAMSA: Inversionistas en Autotransportes Mexicanos, S.A. de C.V.

Official ID: Considering as an official ID the voting card, Passport, Professional License, Social Security Card (IMSS), Driving License, CURP (for Minors and Infants from 31 days of birth) and in the case of Infants, the Birth Certificate will also be valid when the date of issuance dates back less than 30 days. For international flights an Official ID shall be considered Passport and, where applicable, the Visa.

Taxes: According to the Federal Tax Code, taxes are provisions in money or in kind that the State determines unilaterally and with a mandatory nature to all individuals whose situation is known as a tax credit generator.

Infant(s): Refers to any person under 2 (two) years old on the date of the Flight. Infants who travel by VivaAerobus will do so free of charge.

Contusion Instruments: Refers to any instrument that may cause any non-penetrating wound and/or physical harm on a human body or animal.

LAG (Liquids, Aerosols, Gels): Refers to, without limitation: water and other portable liquids, soups, syrups, marmalades, stews, sauces and pastes; foods in sauces or with high content of cream, lotions, cosmetics and oils; perfumes, aerosols, gels (including hair and shower gels); the content of pressurized containers (for example aerosols), including shaving cream, other creams and deodorants; pastes, including tooth pastes, soaps, mixtures of liquid and solid substances or materials; mascara; lip gloss or lip balm.

Suitcase: Container or bag that protects contained luggage.

Minor: Any person under the age of eighteen years old.

OTA (External Agencies): Online travel agency dedicated to the sale and marketing of air tickets, hotels, rental cars and other travel services to end customers through a web platform.

 

Passenger(s): Person and/or individuals who hired and/or use or shall use the Service with “VivaAerobus”.

Passengers with Disability and/or Reduced Mobility: Refers to any person whose mobility is reduced due to physical disability, whether sensorial or motor, permanent or temporary, intellectual disability or deficiency, and whose situation requires adequate attention and adjustment to its particular needs of the Service.

Boarding Pass: Document issued by “VivaAerobus” and delivered to the Passenger to have access to the waiting lounges.

Baby Package: Includes the stroller service from and to the Airplane door, check-in of baby seat or similar article, transportation onboard of a diaper bag or similar article of less than 10 (ten) kilograms, additional to the Baggage allowance. The Baby package is mandatory in international flights.

Perishables: shrimp, meats, cheeses, etc. are those articles that may get ruined, decompose or become unsafe for consumption or transport as part of the Checked-in Baggage, since due to their nature they could contaminate the Checked-in Baggage of the other Passengers.

Reimbursements: Restitution of the amounts actually paid by the Passengers, whether due or undue, as payment of bookings, Additional Services, modifications in accordance with these Terms and Conditions.

Numeric Reference: Refers to the identification number used to pay a Booking.

Booking: Refers to the sale transaction of seats through the different official sales channels and which guarantees the proper registration of the passengers using the air transportation service.

Minimum Wages: Refers to the base used for the calculation of indemnifications and shall be considered the amount equal to the daily minimum wage in force in the Federal District on the date the damage and/or lost profit occurs.

Additional Services: Services marketed in addition to the air transportation services, such as boarding group, express line, Vivabus, among others.

Website: Refers to the “VivaAerobus” website www.vivaaerobus.com

Rate(s): Refers to the consideration that the Passenger shall pay to “VivaAerobus” for the provision of the Service, which may vary according to the conditions, availability and/or Additional Services.

Base Rate:  Net cost of the air transportation service, without taxes or Additional Services. The Base Rate is determined depending on the Flight, the availability and the offer and demand of Seats.

ToditoCash: It is a pre- paid electronic wallet designed to make purchases of products and services on the Internet as an alternative to the use of banking products (credit and debit).

TUA: Refers to the Airport Use Rate to be paid by the Passenger.

“VivaAerobus”: Refers to Aeroenlaces Nacionales, S.A. de C.V.

Viva Express: Service that the passenger may use the check-in line of “VivaAerobus” named “Express” or “fast”, through prior payment made by any of the Sales Channels.

VivaTienda: VivaAerobus point of sale and customer care officer which is dedicated to the sale and marketing of air tickets as well as to promote the sale of additional benefits and changes in Bookings, therefore, offering a more personalized service.

1.3 General.

“VivaAerobus” is the only low cost airline in Mexico, which prices exclusively include the cost of air transportation service from a point of origin to a point of destination, being the Passenger capable of adding to his/her transportation service a series of Complementary Services.

“VivaAerobus” does not perform connections of Passengers and/or baggage, therefore, “VivaAerobus” shall not be responsible for expenses and/or losses of any kind, whether with flights performed with “VivaAerobus”, other airlines and/or any other form of ground transportation.

2.0 Flight Change Policy

2.1 Service suspension.

"VivaAerobus" may at any time suspend and/or cancel its flights without prior notice to Passengers, being "VivaAerobus" bound only to comply with the applicable legal provisions in matters of cancellations.

2.2 Flight Changes.

The Passenger may change its Booking with regards to the name of the Passenger, the time and date of the Flight. Route changes may be performed through the Call Center or VivaTiendas.

Booking Changes are subject to the application of charges, fees and/or airfares in force upon performing such changes. The aforesaid changes may only be performed with 4 (four) hours in advance to the time scheduled for the provision of air transport service.

Any Booking change is subject to availability.

2.3 Booking Change (flight date or time).

Passengers may perform Booking Changes through the Internet Website of "VivaAerobus" www.vivaaerobus.com or through the Sales Channels.

Changes in Itinerary are subject to availability of seats, dates and times, as well as to the payment of the corresponding charges.

Additionally, Changes in Itinerary are subject to the payment of any difference in Airfare and/or any administrative charge that may apply upon requesting the Change in Itinerary.

Whenever the new Rate for Change in Itinerary is less than the Rate originally paid, the Passenger must only pay the charge applicable to the requested change, without being entitled to any type of reimbursement of any remaining balance in favor of the Passenger.

2.4 Booking Change (flight date or time) by “VivaAerobus”.

"VivaAerobus" may at any time and at its sole discretion make changes and/or amendments to the Flights, including but not limited to changes in dates and times.

For purposes of the above, "VivaAerobus" shall notify the Passengers by email to the account included by the latter in their Booking, the corresponding change in time and/or date, in order for the Passenger to take the necessary precautions.

"VivaAerobus" waives any liability in the event the notice of Booking Change is not seen by the Passenger, whether due to errors made by the Passenger in the disclosure of the email address provided when making its Booking or due to issues in the reception of emails. "VivaAerobus" assumes that the email address provided by the Passenger is valid and correct, insofar as the Passenger is the sole responsible for the disclosure and correct functioning thereof. Notwithstanding the foregoing, "VivaAerobus" recommends its Passengers to confirm the time of their flights before their departure at the Internet Website of "VivaAerobus".

Any delays in programmed Flight schedules that are less than 3 (three) hours or early arrivals in the programmed Flight schedules shall not be considered as Booking Changes.

"VivaAerobus" is not bound to pay any remuneration whatsoever or to perform any reimbursement to the Passenger when the delay, deviation, substitution or cancellation of a flight is due to causes that are not directly imputable to "VivaAerobus", such as adverse weather, acts of God or force majeure, natural disasters, acts derived from a qualified authority, strikes, traffic control, any other security reason or any other circumstance that "VivaAerobus" cannot avoid or control.

2.4.1 Reimbursements for Cancellations.

In the event of a Reimbursement to a Passenger, the latter shall be entitled to receive the Reimbursement for the following concepts, provided they have been acquired through the Sales Channels and effectively paid by the Passenger:

  • Tax base rate
  • Parking
  • Additional baggage
  • Baggage increase
  • Hand-baggage increase
  • Land transportation
  • Medical emergency insurance
  • Baggage theft insurance
  • Boarding equipment
  • VivaExpress

The Passenger shall not be reimbursed for any of the following concepts:

  • Charges for issuance of electronic ticket
  • Administrative charge for deferred payment
  • Charge for change of name
  • Charge for change of itinerary
  • SMS
  • Travel insurance

2.5 Change of Name.

The Passenger shall be entitled to make changes of name through the Internet Website or through any of the Sales Channels authorized by "VivaAerobus" (“Change of Name”).

The Change of Name is subject to the applicable charges upon making said change. All Changes of Name must be performed at least 4 (four) hours prior to the scheduled time of departure of the flight.

The Passenger must use the same name in case of having different flights scheduled under a single Booking Code, therefore, once a certain route has been performed under a certain name, the Passenger cannot make the change of name for the other routes.

2.6 Unpaid Changes.

If the Passenger makes any change to an existing Booking, including but not limited to changes in dates, routes, name and/or adding Complementary Services, and such change is not paid within the terms and in the manner provided in these Terms and Conditions, the Passenger accepts that such Booking will be fully cancelled.

2.7 Cancelled or Overbooked Flights.

The Passenger acknowledges and agrees that "VivaAerobus" does not accept the cancellation of Bookings and/or Complementary Services previously acquired by the Passenger.

In the event "VivaAerobus" issues Tickets that exceed the Airplane’s capacity or cancels a Flight for causes that are not directly imputable to "VivaAerobus", which generate the refusal to board, "VivaAerobus" shall be subject to the Civil Aviation Act (Ley de Aviación Civil).

2.8 Cancellations in exceptional circumstances.

 “VivaAerobus” may issue at its sole discretion a Flight Certificate to any Passenger that is unable to board a Flight on the scheduled date as consequence of the death of a Close Relative or a serious disease that prevents the Passenger from using the Flight, provided the Passenger presents the corresponding death or medical certificate.

The foregoing, provided the Passenger notifies this situation to "VivaAerobus" prior to registering for the corresponding Flight.

In order to be entitled to the Flight Certificate referred to in the previous paragraphs, the Passenger must unquestionably evidence to "VivaAerobus" the death of his/her Close Relative with the corresponding documentation.

2.9 Payment and invoicing

2.9.1 GENERAL CONDITIONS

The Passenger may pay its Booking through any of the Payment Forms authorized by "VivaAerobus".

"VivaAerobus" shall not be responsible if the Payment Reference provided by the Passenger is incorrect, being the Passenger the sole responsible to make sure that the payment is performed with the Reference provided by "VivaAerobus". Any payment received with incorrect information in accordance with this section shall trigger the cancellation of the Booking without any liability for "VivaAerobus".

The Passenger hereby releases "VivaAerobus" from any liability caused by any error in the coincidence of the Payment Reference and/or the information upon making the payment, as well as by payments outside the established timeframe.

Whenever a payment is not reflected in the system of "VivaAerobus", the Passenger may request "VivaAerobus" to track such payment in its system. In the event "VivaAerobus" finds the payment in its booking system, it shall issue in favor of the Passenger a Flight Certificate in the amount effectively paid by the Passenger, which the Passenger may use to acquire a new Booking, in accordance with Section 3.0 of these Terms and Conditions.

2.9.2 Credit or Debit Cards

“VivaAerobus” accepts payments by Credit or Debit Cards.

Applicable to bullet payments.

Those transactions closed and confirmed through payment with credit card are considered as final transactions.

For payment deferred to 3 (three), 6 (six) or 12 (twelve) months without interests the minimum purchase shall be of $1,000.00 (one thousand pesos 00/100 MxCy). Applicable to payments made with Banamex, Santander, Banorte, Ixe, Scotiabank and American Express credit cards.

2.9.3 Referenced payment in BANAMEX or OXXO stores

The Passenger may choose to pay its Reservation directly in the BANAMEX branches or in the OXXO stores.

For bookings where payment in the OXXO branches is chosen, the reserved flights must have a maximum total cost of $10,000.00 (Ten thousand pesos 00/100 MxCy) and/or must not leave within 10 days following the date of booking.

After making the payment, the Passenger must log into our Website in the My Flight section to review the status of the reservation. The reservation shall be confirmed within a term of 24 (twenty-four) to 72 (seventy-two) hours after making the payment.

2.9.4. Payment by wire transfer in the BANAMEX portal

The Passenger may make payments to "VivaAerobus" through the BANAMEX portal, provided the Flight chosen by the Passenger is scheduled to be made within 30 (thirty) calendar days or more following the purchase date.

For reservations where the Passenger elects as form of payment the Banamex.com website, it must follow the manual shown upon electing this form of payment. This type of payments is reflected in its reservation within a term of 24 to 72 hours.

2.9.5 Payments through the ToditoCash account

Applicable to bullet payments.

For reservations where the ToditoCash form of payment is chosen, the following steps must be taken:

  • In the Forms of Payment section, the Passenger must choose ToditoCash.
  • It must have sufficient balance in the ToditoCash account.
  • The Passenger must enter the ToditoCash card number and password.

2.9.6 Invoicing

The Passenger may request the invoice corresponding to its purchase through "VivaAerobus" website: http://facturacion.vivaaerobus.com, OTAs or through the Call Center.

 

The Passenger has 10 calendar days as from the date of purchase / payment to generate the corresponding invoice. Once this period expires the Passenger may not request an invoice.

 

All invoices will be issued for the full amount of the purchase of the Itinerary, this is, the system do not allow partial billing, either passenger or services such as excess baggage or changes. In the event that an invoice per Passenger is required, the Passenger shall make individual Reservations. In case of splits, the original Reservation is prevalent to invoice, and such amount will be invoiced when additional services are added.

 

"VivaAerobus" do not issue invocies for hotel and car reservations, food purchases and / or on board services, since these are offered through OTAs or third parties, therefore, the corresponding invoice should be requested by the Passenger to the provider of such services.

 

For more information about the procedure of invoicing, visit http://facturacion.vivaaerobus.com

3.0 Flight Certificates

3.1 Flight Certificate.

The Flight Certificate is a personal non-transferrable code, which may be granted only by an authorized representative of "VivaAerobus", which expresses a certain monetary value and consists in an alphanumerical combination of 7 (seven) numbers and a letter.

3.1.2 Conditions for the application of the Flight Certificate

The Flight Certificate has no commercial value, is non-negotiable, non-transferrable and may not be exchange for money in cash. It is not valid for payment in Airports or onboard the plane.

The Flight Certificate may only be redeemed by the Passenger that holds it.

The Flight Certificate is valid only and exclusively for the purchase of Flights with "VivaAerobus", up to the monetary value therein provided.

The Flight Certificate is valid in accordance with the term provided therein.

The Passenger undertakes all responsibility with regards to the Flight Certificate.

The Flight Certificate shall not have residual value, therefore the Passenger may neither request "VivaAerobus" to create a new Flight Certificate nor shall be entitled to claim any reimbursement of any unused residual value.

The Flight Certificate may only be redeemed through the Telephone Call Center of "VivaAerobus" and shall be subject to a ticket service charge in accordance with the Rates published in the Website.

If the monetary value expressed in the Flight Certificate is less than the total amount due for a certain air transport route, the Passenger may choose: i. not to use the Flight Certificate for the purchase of the new Booking, being the Passenger bound to pay the difference with any other payment option authorized by "VivaAerobus".

The issuance of a Flight Certificate must be requested by the Passenger within a maximum term of 30 (thirty) calendar days following the date of the Flight cancellation, overbooking or any other situation that may trigger the issuance of such Certificate. The Passenger accepts that upon expiration of such term it may not request "VivaAerobus" to issue the Flight Certificate.

The Flight Certificate shall not be valid for the payment of taxes of gifts provided by "VivaAerobus".

4.0 Check-in and Boarding

The Passenger must appear before the check-in counters of "VivaAerobus", located at the Airport of origin, at least two (2) hours prior to the departure of the Flight in routes that include destinations within Mexican territory and at least with 3 (three) hours in advance for destinations abroad.

Once the Passenger has checked-in it must go to the last waiting lounge at least 45 (forty-five) minutes prior to the Flight’s departure.

"VivaAerobus" may refuse boarding without any liability to any Passenger who does not appear to check-in and/or at the last waiting lounge within the timeframes provided in this section.

4.1 Check-in Requirements.

Check-in requirements of the Passenger include:

  1. Booking Code
  2. Proof of payment in those cases where Booking has been paid in OXXO or through BANAMEX
  3. Official ID in force of each of the Passengers including minors and infants.

"VivaAerobus" may refuse boarding to those Passengers who do not comply with the above check-in requirements.

All Passengers must comply with the applicable documentation and requirements in immigration, customs and health matters, among others imposed by the applicable laws in the countries of origin and destination.

4.2 Passengers with Disabilities

“VivaAerobus” shall provide the facilities that are within its reach to all Passengers with Disabilities and/or Reduced Mobility that so require it, at the airport of origin and/or destination.

Passengers with Disability and/or Reduced Mobility must submit medical proof, responsive letters and any other special format or requirement, in the following cases:

I.  When stretcher or incubator transportation is necessary,

II. When medical oxygen is necessary throughout the trip,

III. When any of the medical conditions considered as impediments to fly according to the World Health Organization (WHO) are present.

V. When the intellectual or psychosocial capability of the Passenger with Disability and/or Reduced Mobility does not allow him/her to act and/or follow instructions without assistance.

Passengers with Disability and/or Reduced Mobility shall have the right to travel with a guide dog or a service animal onboard the aircraft, without extra charge, provided it evidences this situation before "VivaAerobus" with the corresponding certificate.

It shall not be necessary for Passengers with Disability and/or Reduced Mobility to notify "VivaAerobus" of their condition and/or the nature of their disability in order to be transported. However, whenever a Passenger with Disability and/or Reduced Mobility requires special services or accommodations onboard the Aircrafts of "VivaAerobus", they must inform "VivaAerobus" of the nature of the service or accommodation required at least 48 (forty-eight) hours prior to the scheduled time for their Flight, in order for "VivaAerobus" to properly attend the special requirement and to be able to verify the availability of such service or accommodation, or to identify the possible limitations in the provision of the air transport service.

Should "VivaAerobus" observe a lack of availability or any limitation to comply with the special requirement set forth in the above paragraph, "VivaAerobus" shall inform the Passenger with Disability and/or Reduced Mobility at least 24 (twenty-four) hours prior to the departure of the Flight of the reasons of such circumstance, in order for both parties to have the chance to find the better solution in such regard.

4.2.1 Wheelchairs.

“VivaAerobus” allows Passengers with Disability and/or Reduced Mobility to transport wheelchairs and other devices they may own, which shall be considered as part of their carry-on baggage without additional cost. Passengers with Disability and/or Reduced Mobility are responsible for notifying “VivaAerobus” with the proper advance about this situation.

Whenever Passengers with Disability and/or Reduced Mobility require to check-in an additional Wheelchair, they may do so within their baggage allowance.

The check-in of Wheelchairs with moist battery shall be subject to the applicable Mexican Official Standard (Norma Oficial Mexicana) in matters of air transportation of hazardous merchandise issued by the Ministry of Communications and Transports (Secretaría de Comunicaciones y Transportes).

If the Airport infrastructure allows it, the Passenger with Disability and/or Reduced Mobility may choose to be transferred to the airplane gate in his/her own Wheelchair, which shall be subsequently checked-in and placed in the loading compartment of the Aircraft as checked-in baggage. Once the Aircraft lands at the Airport of destination, personnel of “VivaAerobus” shall deliver to the Passenger with Disability and/or Reduced Mobility the Wheelchair at the airplane’s door.  The foregoing only applies in the case of manual Wheelchairs, otherwise the Wheelchair shall be delivered together with the Checked-in Baggage.

 “VivaAerobus” may transport electric Wheelchairs with closed and non-liquid batteries, provided the Passenger with Disability and/or Reduced Mobility guarantees that they will not be actioned during the Flight, if necessary, the passenger must indicate in writing the instructions to disconnect the battery from its terminal.

“VivaAerobus” shall not be personally obligated to render assistance to Passengers with Disability and/or Reduced Mobility to and from the bathrooms, to eat or for personal hygiene.

4.2.2 Service Animals

“VivaAerobus” allows Passengers with Disability and/or Reduced Mobility, if they so required by prescription of a specialized mental health physician (psychologist, psychiatrist, etc.), to be accompanied during the Flight by emotional or psychiatric support animals (“Support Animal”) without additional cost; provided they are dogs and/or cats and the Passenger with Disability and/or Reduced Mobility unquestionably evidences this situation to “VivaAerobus”.

Support Animals must weigh no more than 12 (twelve) kilograms and must at all times have a leash, harness, identification badge and muzzle. If the aforesaid requirements are not met, the Support Animal shall be transported as a pet in the loading compartment of the Aircraft, being the Passenger responsible for paying the corresponding charge for this service.

The Passenger with Disability and/or Reduced Mobility who wishes to be accompanied by a Support Animal onboard the “VivaAerobus” Aircrafts must submit the document that evidences the Support Animal’s condition, including but not limited to the following: Identification of the Support Animal issued by an animal sanitary authority and/or reputable agency, document from the physician and/or another health institution treating the user(s) with disability, any other document evidencing that the Passenger with Disability and/or Reduced Mobility needs a Support Animal for his/her mobility and/or accompaniment.

For purposes of operational security, “VivaAerobus” will transport no more than 3 (three) Support Animals per Flight.

4.2.3 Passengers with breathing disability

“VivaAerobus” may transport up to three oxygen tanks of medical use per flight provided the tanks have a maximum capacity of 5 gross kilograms and comply with the requirements of CFR 49, section 178.273 - “Approved of Specification United Nations portable tanks” and evidence the United Nations registration approved by the DOT (Department of Transportation). Only one tank per passenger with breathing disability shall be allowed.

The only personal breathing assistance devices allowed onboard are of the “oxygen portable concentrator” type, which is a certified equipment to be used in aviation pursuant to the Radio Technical Commission for Aeronautics (RTCA), which models in the market that may be transported are found in the following email address for easy reference:

 http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/

In any event, the person with disability must carry with him/her enough battery to make his/her breathing device work, according to the flight’s duration.

4.3 Medical syringes.

“VivaAerobus” allows the Passenger only the transportation of a couple of syringes, their needles and corresponding medication in the checked-in baggage (the Syringes).  Should the Passenger require to transport a larger amount of Syringes, the Passenger must submit the corresponding prescription issued by a certified physician.

Passengers sick with diabetes, allergies or any other case that requires to transport onboard the Syringes and the corresponding medication, may do so prior submission of the corresponding medical prescription issued by a certified physician.  The Passenger must submit its prescription when Checking-in for the flight or upon review by the Airport’s security personnel, which may be requested in further occasions by the personnel of “VivaAerobus”, being the Passenger responsible for having the corresponding documents at hand, in order to avoid delays in the process and/or refusal to board.

4.5 Infectious diseases and Allergies.

a) Severe cases:

Without exception and under no circumstance shall “VivaAerobus” check-in those Passengers suffering infectious diseases such as breathing diseases or tuberculosis, among others.

b) Minor cases:

Those Passengers who show symptoms of a certain disease such as rubella, measles, chicken pox, etc., may be accepted onboard the “VivaAerobus” aircrafts, provided:

  1. 7 (seven) days have elapsed since the appearance of the last rash or mark of the disease and this is evidenced with the corresponding medical certificate issued for such purpose.
  2. They submit a medical certificate that certifies the clinical condition for air travel; and
  3. They have informed about their condition at the “VivaAerobus” counters.

Allergies: During all Flights operated by “VivaAerobus”, a sales service is offered onboard the aircraft, offering products such as: peanuts, chocolate, dairy, among others; being the Passenger responsible for verifying the content of the products it consumes. “VivaAerobus” shall not be liable for the allergic or any other reaction suffered or that may be suffered by the Passenger as direct consequence of the consumption of said products.

5.0 Pregnant Women.

Women up to 27 (twenty-seven) weeks pregnant may travel by “VivaAerobus” without the need of a medical certificate.

Women more than 27 (twenty-seven) and up to 32 (thirty-two) weeks pregnant must submit to the personnel of “VivaAerobus” a medical certificate issued at least 14 (fourteen) calendar days prior to the date they intend to use the air transport service with “VivaAerobus”. Such certificate must contain the exact number of weeks of pregnancy and the express authorization of the physician to use the air transport service.

With no exception, all flights that pregnant Passengers intend to make must be performed before the 33rd (thirty-third) week of pregnancy.

“VivaAerobus” shall refuse the service to those passengers with 33 (thirty-three) or more weeks of pregnancy. It is the obligation of the Passengers to notify “VivaAerobus” of their pregnancy state and the correct week of gestation in which they are at the time of booking, and to notify the personnel of “VivaAerobus” during the check-in process for their better attention. “VivaAerobus” shall not be responsible if any contingency and/or situation arises during flight regarding the pregnancy state of the Passenger.

6.0 Passengers who are Minors.

6.1 National Flights

“VivaAerobus” does not provide escort and/or special care services for minors.

Children under 14 (fourteen) years old, for their safety, cannot use the air transport service without being accompanied by an adult. If the Adult is neither the parents nor guardians of the Minor, it must submit a written consent, duly signed by both parents or legal guardian, including a copy of the Official ID of the parents or legal guardian(s).

“VivaAerobus” may transport underage Passengers, whose age varies between 14 (fourteen) and 17 (seventeen) years old without the company of an Adult; for which the parents or legal guardian must fill out and sign a form provided by “VivaAerobus” at the check-in counters upon check-in. The minor must submit its CURP and a picture ID (passport or student card). The parents or legal guardians of the Minors must remain at the airport until the plain has taken off.

6.2 Minors in International Flights

In international flights where the Minor is accompanied by an Adult that is neither his/her parents nor guardian, or when the Adult is only one of the parents, the Adult must submit before “VivaAerobus” the original of the document executed before Notary Public and/or issued by a qualified Authority, which expressly states the authorization granted by both parents, or by the absent parent, or by whoever has the legal custody, in order for the Minor to abandon Mexican territory. The Minor must be presented with the CURP and picture ID, if Mexican, and passport in the case of foreign minors.

7.0 Passengers traveling with Infants.

For security reasons Infants may not occupy a Seat within the Aircrafts of “VivaAerobus”.

Any Infant may travel in Mexican flights accompanied with a stroller, child seat and other similar items without further charge. These articles must always be checked-in. Any additional baggage such as diaper bags or similar, among others, shall be deemed as part of the baggage allowance of the Adult Passenger.

The Baby Package shall have the cost published in the Website.

Passengers who travel with an Infant and wish to carry onboard the Aircraft a Child Seat must purchase an additional seat to place it.

“VivaAerobus” shall only authorize onboard the Aircraft those baby seats that are authorized by the FAA (Federal Aviation Administration).

If the Infant were 2 (two) years old before boarding the return Flight, it will be necessary to purchase a Seat in the return flight paying the corresponding airfare.

Any Passenger who intends to travel with an Infant must check-in said Infant upon booking  and must submit the Official ID of the Infant for check-in in accordance with these Terms and Conditions.

7.1 Documentation required for foreign Minors entering Mexico.

All Foreign Minors purchasing Flights operated by “VivaAerobus” that include routes within the Mexican Republic, upon checking-in must:

I. Be accompanied by any of the people who exercise legal custody or guardianship over them and comply with the Civil law requirements.

II. If accompanied by a third party of legal age or if traveling alone, they must submit the passport and the document that states the authorization of whoever exercises the legal custody or guardianship, before notary public or by the qualified authorities.

8.0 Boarding Pass

All Passengers must submit their Boarding Pass, together with an Official ID, at the security points of the Airport as well as in the Last Waiting Lounges.

If the Boarding Pass has been lost or forgotten, the Passenger must obtain a new Boarding Pass at the Check-in Counters, provided the Passenger pays the reissuance charge.

The new Boarding Pass may only be requested at the Airport 2 (two) hours prior to the Flight’s scheduled departure.

8.1 Internet Printing of the Boarding Pass.

Passengers who have acquired VivaBásico, VivaPlus and VivaSmart who decide to travel only with carry-on baggage may print their Boarding Pass through the Website, selecting the option “Print Boarding Pass”, up to 4 (four) hours prior to the Flight’s scheduled departure. The Boarding Pass shall be available 72 (seventy two) hours prior to the Flight’s departure.

Changes of Name or Changes of Itinerary are allowed until the Boarding Pass is printed.

8.2 Exceptions to printing the Boarding Pass through Internet.

The following Passengers must appear before the Check-in counters due to special conditions and will not have the option to print their Boarding Pass through Internet:

A) Pregnant women (see item 4.6)

B) Passengers who have received a recent surgical intervention.

C) Unaccompanied Minors (See item 4.7)

D) Passengers travelling with special luggage such as musical instruments and/or sport items.

E) Passengers with Disability and/or Reduced Mobility.

F) Passengers traveling with Pets.

G) Passengers who must notify their situation at the check-in counters due to their physical or legal condition to determine if they may or may not board the flight.

8.3 E-ticket service charges

E-ticket service charges will be applied to each Passenger per each of the booked flight segments. E-ticket service charges may include charges for issuing and managing the booking depending on the sales channel selected for its purchase. The Rate shall be determined according to the Distribution Channel and the form of payment selected by each Passenger.

9.0 Baggage

9.1 Baggage Policies.

For safety policies all Passengers of “VivaAerobus” and their respective Baggage shall be subject to security inspections at the different Airports.

“VivaAerobus” requests each Passenger that his/her Carry-on Baggage be available if subject to inspection by personnel of “VivaAerobus” and/or security personnel of the Airports. For better identification and safety of your Baggage, we recommend all Passengers to identify their Baggage with their name, address, phone number and/or Booking Code to facilitate location in the event of loss or damage of the Baggage. Failure to include the foregoing shall be the responsibility of the Passenger.

“VivaAerobus” shall only be responsible for the loss or damage evidenced in the Baggage that is clearly identified in accordance with the previous paragraph, provided the Passenger notifies “VivaAerobus” by filling out the corresponding Loss and/or Damage Report (the “Report”), the Passenger may request the Report at the Sales Counters of each Airport.

Insofar as the Baggage is subject to inspection and manipulation of institutions and personnel alien to “VivaAerobus”, “VivaAerobus” recommends to its Passengers the following:

 •            Not to include in the Baggage fragile or valuable articles, including but not limited to cash or documents, jewelry, electronic devices, picture or video devices, cell phones, important documents or art (Valuables).VivaAerobus does not allow the transport of Valuables, and therefore the Passenger shall be responsible for the transport of such Valuables and therefore waives to request in the event of loss or theft, any damages from “VivaAerobus” for this concept.

•             Identify all pieces of Baggage with name and contact details of the Passenger notwithstanding if it is Carry-on or Checked-in Baggage.

•             Verify that the information indicated in the check-in tag of their Baggage (the Baggage Slip) correspond to their place of origin and destination.

•             Upon collecting the Checked-in Baggage, verify that the collected piece is their own, since there is the possibility that there are several similar pieces in a single Flight.

Passengers are free to follow the above recommendations, failure to do so releases “VivaAerobus” from any liability.

“VivaAerobus” shall not be liable for damaged or tampered Baggage, with overweight or overloaded. “VivaAerobus” shall neither be liable if the Baggage is damaged due to normal handling such as damages in wheels, supports, straps, handles, zippers, loss of locks, external cords, among others. These damages are considered ancillary since they do not prevent the main function of the Suitcase.

9.2 Extra Baggage

The Passenger may add pieces of additional Baggage to its Booking through all Distribution Channels, up to 4 (four) hours prior to the scheduled departure, having to pay the corresponding cost. In these cases the Passenger who adds an additional piece of Baggage shall be entitled to carry the amount and weight of suitcases paid, which may be of 15 (fifteen), 20 (twenty), 25 (twenty-five) and 32 (thirty-two) kilograms, and must not exceed 158 (one hundred and fifty eight) linear centimeters each.

9.3 Forbidden Articles

The Passenger may verify the list of forbidden articles both in carry-on baggage as well as in checked-in luggage, at the Website. If the Passengers carries with him/her such articles, they may be confiscated if they risk the health and physical integrity of Passengers and/or the crew, or the safety and tranquility of the Aircraft and all of its components.

9.4 Transport of Human Remains

“VivaAerobus” only accepts ashes for transport, which shall be considered as Carry-on Baggage provided they are packed in a container with a lid that prevents spills. Passengers must report the ashes when checking-in and in the Boarding gate and must have a death certificate, cremation certificate, among others, if required by the sanitary authorities, airport authorities and/or “VivaAerobus”.

9.5 Transportation of Sports Items

“VivaAerobus” may upon request of the Passenger transport sports items which dimensions and forms do not adjust to the regular baggage standards, prior payment of a fee for their handling. “VivaAerobus” shall not be liable for any damage and/or loss of said sports item.

The check-in of such sports items shall be conditioned to the following:

Not to exceed the maximum weight of 32 (thirty-two) kilograms

Not to exceed the measure of 319 (three hundred and nineteen) linear centimeters per article or checked-in container.

The transport of such articles is subject to space availability. Passengers who wish to carry with them a sports item must notify “VivaAerobus” with the proper anticipation.

9.6 Transportation of Musical Instruments

 “VivaAerobus” may transport musical instruments which dimensions and forms do not adjust to the regular Baggage standards, prior payment of a fee for their handling. “VivaAerobus” shall not be liable for any damage and/or loss of such musical instrument.

The check-in of such musical items shall be conditioned to the following:

  • Not to exceed the maximum weight of 32 (thirty-two) kilograms or the measure of 319 (three hundred and nineteen) linear centimeters per article or checked-in container.
  • The transport of such instruments is subject to space availability. Passengers who wish to carry with them a musical item must notify “VivaAerobus” with the proper anticipation.

9.7 Carry-on Baggage.

Each Passenger according to the Baggage allowance selected upon Booking shall be entitled to the following with regards to Carry-on Baggage:

Vivalight: The Passenger may transport 2 (two) pieces of Carry-on Baggage which in the aggregate do not exceed 10 (ten) kilograms with maximum dimensions of 55 cm. x 40 cm. x 20 cm. Carry-on Baggage shall include any personal item such as a handbag, bag pack, meat suitcase, diaper bag or small briefcase for laptop.

VivaBásico: The Passenger may transport 2 (two) pieces of Carry-on Baggage which in the aggregate do not exceed 10 (ten) kilograms with maximum dimensions of 55 cm. x 40 cm. x 20 cm. Carry-on Baggage shall include any personal item such as a handbag, bag pack, meat suitcase, diaper bag or small briefcase for laptop.

VivaPlus: The Passenger may transport 2 (two) pieces of Carry-on Baggage which in the aggregate do not exceed 10 (ten) kilograms with maximum dimensions of 55 cm. x 40 cm. x 20 cm. Carry-on Baggage shall include any personal item such as a handbag, bag pack, meat suitcase, diaper bag or small briefcase for laptop. All Passengers who purchase VivaPlus shall have VivaExpress as additional benefit.

VivaSmart: The Passenger may transport 2 (two) pieces of Carry-on Baggage which in the aggregate do not exceed 10 (ten) kilograms with maximum dimensions of 55 cm. x 40 cm. x 20 cm. Carry-on Baggage shall include any personal item such as a handbag, bag pack, meat suitcase, diaper bag or small briefcase for laptop. VivaSmart also includes the following benefits:

  • 25 kilograms of Checked-in Baggage
  • VIP Pass
  • VivaExpress
  • Unlimited Changes of Date free of charge
  • VivaSeguros (Travel and Medical Insurance)
  • VivaSMS (delivery of cell phone confirmation)*

* Only applies through Website booking

The Passenger shall need to present his/her Carry-on Baggage at the Check-in Counters where the personnel of “VivaAerobus” shall place a badge in the Baggage, otherwise, it could be subject to a second inspection at the final waiting lounges and/or could be a reason not to permit boarding.

For safety reasons, in “VivaAerobus” entering the Aircraft with more than 15 (fifteen) kilograms of Carry-on Baggage and/or 115 (one hundred and fifteen) linear centimeters is not allowed. Carry-on Baggage that exceeds any of the foregoing measures must be checked-in by the Passenger and shall be subject to the corresponding payment for Check-in of Additional Baggage. Check our Website.

Passengers who have chosen the Vivalight, VivaBásico or VivaPlus modality and appear with more than 10 (ten) kilograms of Carry-on Baggage at the time of their Flight, shall have to evidence having acquired or paid an increase in weight for the Carry-on Baggage, otherwise, they shall have to make the corresponding payment to increase their Carry-on Baggage allowance up to 15 (fifteen) kilograms. Check our Website.

Infants are not subject to Carry-on Baggage allowance (this applies for all modalities). In order to carry an additional handbag to transport the Infant’s items, “VivaAerobus” recommends acquiring your “Baby Package” service.

9.8 Checked-in Baggage.

All Passengers shall be entitled to transport a suitcase of up to 25 (twenty-five) kilograms, that does not exceed 158 (one hundred and fifty eight) linear centimeters, free of charge, applying for this case the standard VivaPlus rate for all of our Passengers.

Notwithstanding the above, “VivaAerobus” has established preferential Rates for those Passengers who travel light in accordance with the following specifications:

Vivalight: For Passengers who have chosen the modality Vivalight, “VivaAerobus” grants them a preferential rate that is understood as an included discount of $439.00 MxCy (four hundred and thirty nine pesos 00/100 MxCy.) on the VivaPlus rate, the foregoing insofar as they waive their right to transport Checked-in Baggage.

Passengers who have chosen the Vivalight modality accept that should they not comply with the “baggage conditions” (“baggage conditions” meaning to carry with them only Carry-on Baggage, in accordance with the specifications of section 6.7 without the right to checked-in baggage), must pay a charge of $770.00 (seven hundred seventy pesos 00/100 MxCy); every additional kilogram above 15 (fifteen) kilograms, shall have a cost of $110.00 (one hundred ten pesos 00/100 MxCy) per each kilogram in excess.

VivaBásico: For Passengers who have chosen the VivaBásico modality, “VivaAerobus” grants them a preferential rate that is understood as an included discount of $409.00 MxCy (four hundred nine pesos 00/100 MxCy) on the VivaPlus rate for traveling light, that is, these Passengers accept that they may only check-in a suitcase of up to 15 (fifteen) kilograms and 158 (one hundred and fifty eight) linear centimeters.

VivaPlus: For Passengers who have chosen the VivaPlus modality, it is understood that they wish to keep their right to check-in a suitcase of up to 25 (twenty-five) kilograms and 158 (one hundred and fifty eight) linear centimeters free of charge.

VivaSmart: For Passengers who have chosen the VivaSmart modality, it is understood that they wish to keep their right to check-in a suitcase of up to 25 (twenty-five) kilograms and 158 (one hundred and fifty eight) linear centimeters free of charge.

Passengers who have chosen VivaBásico,  VivaPlus  and/or VivaSmart and exceed the Checked-in Baggage allowance in accordance with the chosen modality, must pay $110.00 (one hundred ten pesos 00/100 MxCy) per each additional kilogram up to a limit of 32 (thirty-two kilograms).

Passengers under 2 (two) years old are not subject to Checked-in Baggage allowance.

Whenever the Passenger decides to make during check-in a reordering and/or transfer of articles from one suitcase to another, he/she must abandon his/her place in line so as not to obstruct the attention of the other Passengers and must take a new place, in order to comply with the pertinent inspections and to speed-up the check-in process at the counters.

“VivaAerobus” does not accept valuables in the Checked-in Baggage, therefore “VivaAerobus” shall not be liable for the loss and/or damage of such Valuables.

10.0 Lost and/or Damaged Baggage:

“VivaAerobus” does not admit Valuables in the Checked-in Baggage, and thus “VivaAerobus” shall not be responsible for articles of this nature contained in the Checked-in Baggage. Therefore, it shall be each Passenger’s decision to transport valuables or not inside their Checked-in Baggage.

“VivaAerobus” shall be liable for the destruction, damage or loss of the Carry-on Baggage whilst the Passenger is onboard the Aircraft and until he/she leaves the same, if and only if such proven destruction, damage or loss is caused by acts or omissions caused directly by “VivaAerobus” and its personnel.

With regards to the Checked-in Baggage, “VivaAerobus” shall be liable for any destruction, damage or loss whilst the Baggage is checked-in, and until the Passenger collects it in the baggage carrousel or conveyor at the Airport of destination.

In those cases where there is any loss and/or damage to the Baggage, “VivaAerobus” shall comply with the provisions of the Civil Aviation Act (Ley de Aviación Civil) and its Regulations.

10.1. Baggage claim process:

If the Baggage of the Passenger has suffered any destruction, loss or damage in accordance with the above section, the Passenger must fill out the Baggage Loss or Damage Form, which shall be provided by “VivaAerobus” at its Check-in Counters, otherwise, the Passenger shall forfeit any right derived from the destruction, loss or damage of the Baggage.

“VivaAerobus” shall not attend to those claims in matters of Baggage that are not made using the Baggage Loss or Damage Form.

10.2 Transportation of Pets.

Transportation of live pets onboard the Aircrafts of “VivaAerobus” only contemplates cats and dogs (the Pet), which shall be considered as part of the Checked-in Baggage, subject to the following conditions:

i. The passenger who wishes to transport his/her Pet shall pay the corresponding fee, which may be found at the following website https://www.vivaaerobus.com/mx/volar-con-viva/consulta-nuestros-cargos.

ii. Transportation of Pets shall be subject to space availability in the load compartments, with a maximum of 3 (three) Pets per flight.

iii. The Passenger who wishes to transport his/her Pet must arrive at least 2 (two) hours prior to the flight’s departure, to check-in his/her Pet.

iv. The Pet must be held in a cage, of rigid material, specifically designed for the transportation of the Pet, in which the animal may lie down, stand up and fit comfortably. “VivaAerobus” does not provide cages or accessories for Pets.

vi. The Passenger must submit the vaccination certificate and/or registration of the Pet.

vii. If the Passenger travels in international flights, it must submit for each Pet the following information:

  1. Health Certificate issued in letterhead paper by a veterinary, which states that the Pet is in good state of health, that it does not have any healing wound and that it is ready to travel.
  2. Copy of the Professional License of the Veterinary issuing the Health Certificate mentioned in the immediately above paragraph.
  3. Vaccination certificate of the Pet that evidences the application of the last vaccine anti-rabies including the brand of the vaccine, the laboratory, lot, expiration date and application date thereof.
  4. Evidence of the last internal and external worming of the Pet.

viii. “VivaAerobus” shall not be responsible for the feeding and/or care of the Pets onboard the Aircrafts.

ix. The maximum weight of the Pet, including the cage, must not exceed 32 (thirty-two) kilograms.

x. The dimensions of the cage must not exceed 313 (three hundred and thirteen) linear centimeters, otherwise, “VivaAerobus” shall make an additional charge to the Passenger for exceeding such measures up to a maximum of 313 (three hundred and thirteen) linear centimeters.

xi. Only one Pet per cage is allowed.

xii. No animal is allowed to travel inside the cockpit except Support Animals. Important note: Service animals that for any medical / psychiatric condition of the passenger must travel inside the cockpit and which destination is the United States must be reported in advance at the check-in counter with the above-mentioned documentation. Insofar as the requirements to be met must change please check the website http://www.cdc.gov/animalimportation to corroborate that your service animal complies with all the requirements before travelling. Breach of the requirements indicated by the authority and/or failure to report your service animal before boarding may result in violations to the Law with penalties that vary from placing your service animal under quarantine, refusing entry into the country and even its being sacrificed. “VivaAerobus” shall not be liable for the expenses incurred by the Passenger due to the breach of the aforesaid requirements.

11. Baggage Restrictions

In national flights “VivaAerobus” allows transportation of Perishables as Carry-on Baggage provided they comply with the following:

  • Perishables must be properly vacuum packed, dry or completely (rock) frozen in an anti-spill package that does not contain liquids or gels.
  • Package must avoid spills and spreading of smells.
  • Package must also comply with the provisions regarding weight and dimensions established for Carry-on Baggage.
  • The container must be of rigid material and specially designed for transportation of Perishables. See 9.7 Carry-on Baggage.
  • Unicel ice boxes are not allowed.
  • In case of products presented as liquid, gels and/or aerosols they must comply with the provision sin Appendix C of the Mandatory Directive (Circular Obligatoria) CO SA-17.2/10. When the Perishable is transported with dry ice (carbon dioxide CO2 in solid state), the conditions described for transportation of the aforesaid articles shall apply and it is only allowed in national flights, and in no event shall it be allowed in international flights.
  • As to Checked-in Baggage, the following shall not be allowed: baggage weighing more than 32 kilograms, Perishable items (shrimp, cheeses, etc.), valuables (money, jewelry, negotiable instruments), fragile (unicel ice boxes) and in international flights those specified as forbidden by the country of the airport of origin/destination.

11.1 Guidelines for LAG transportation.

Passengers who wish to transport LAG must submit to the following guidelines:

1) All LAG must be carried in containers with a maximum capacity of 100 (one hundred) milliliters each (or its equivalent in other volume measures such as liquid ounces). When the reference of this article is in mass units 100 (one hundred) grams shall be deemed equivalent to 100 (one hundred) milliliters (or its equivalent in other mass units).

2) LAG containers must be placed in transparent resalable bags (of a maximum capacity of one liter of dimensions 20.5x20.5cm or 25x15 cm or its equivalent). Containers must be placed without difficulty in said bag.

3) No LAG containers of more than 100 (one hundred) milliliters shall be accepted, even when partially full. No empty containers of any kind are allowed.

5) Each Passenger may only carry one bag of this type and must present it separately for inspection.

All articles considered as LAG that do not comply with these guidelines and/or the guidelines of the Airport of origin and/or destination shall be collected at the inspection points of each Airport prior to the Flight’s departure.

An exception will be made with those Passengers with medical or special dietary needs (such as food for babies), provided the Passenger proves they are essential for medical purposes or satisfy the special and essential dietary needs, that is, that the health of the Passenger may be threatened without them. For such purpose, the Passenger must submit a proof of authenticity (confirm the name on the medication label with a medical prescription). In case of food for babies onboard the Aircraft, it is not necessary to place these products inside a plastic bag.

 “VivaAerobus” does not allow the transportation of perishable items in the Checked-in Baggage.

Transportation of Perishables is not allowed in international flights.

Passengers are responsible for the Perishables they bring with them in their Carry-on Baggage such as for any damage or loss and/or any situation that is generating regarding the same that affects “VivaAerobus” and/or any other Passenger, releasing “VivaAerobus” from any liability in such regard.

12.0 Charges and Rates

12.1 Airport Use Rate (Tarifa de Uso de Aeropuerto - TUA) and Security Fee.

“VivaAerobus” shall charge each Passenger on behalf of each airport the TUA and the corresponding security fee, being the Passenger bound to pay “VivaAerobus” both charges in addition to the Rate for the air transportation service.

12.2 Fees, Taxes and Charges

Fees, taxes and charges refer to the collection made by “VivaAerobus” to the Passenger in addition to the Rate, including but not limited to government charges, insurance premiums, security fees and any other charge requested by the Passenger for Complementary Services to “VivaAerobus”.

12.3 Boarding Group Rate

The Passenger may select the boarding group it wishes, in the understanding that such selection shall have an additional cost. The boarding group rate is subject to availability of each group upon booking and/or Changes in the Reservation.

12.5 Taxes

All transactions referred to herein, including but not limited to the purchase and sale of tickets for the air transportation service, products and other services offered by “VivaAerobus” are subject to the applicable taxes in accordance with the Federal Tax Code and other applicable laws in tax matters within the Mexican Republic.

13.0 Boarding Policies

13.1 General

It is important that the Passenger pays attention to the announcements made by the traffic personnel at the Airport. The order to board will depend on the facilities of each Airport, and may be different one from the other. The Passenger must maintain order during the entire boarding process.

A Boarding Group shall be assigned depending on the seat selected by the Passenger, which may be any of the following: VIP Group, S Group, Group 1, Group 2, Group 3, Group 4 (Boarding Group). Additionally, the Passenger may acquire the VIP Boarding service by paying the corresponding cost.

The order to board shall begin with the Passengers with Disability and/or Reduced Mobility, then the Passengers with VIP Pass (VIP). The order of the Groups S, Group 1, Group 2, Group 3 and Group 4 may vary depending on each airport’s facilities. “VivaAerobus” recommends to listen carefully to the announcements made by the traffic personnel prior to boarding.

Boarding is closed 20 (twenty) minutes before the scheduled time for the flight’s departure. Passengers who arrive at the boarding gate after such time may not board and will lose their flight without any liability for “VivaAerobus”. “VivaAerobus” shall not be responsible if the Passengers lose their right to board for not having arrived with sufficient anticipation.

Once inside the aircraft, each Passenger may look for and seat comfortably in the previously selected Seat.

Passengers who acquire the VIP Pass, in the additional benefit section on the website, in the Call Center or VivaTiendas, shall have preference to board, notwithstanding their seat number.

Any change in Seat may be performed through any of the Sales Channels up to 4 (four) hours prior to the Flight’s departure. Changes may only be made at the counters within the same category.

In the modalities where the charge for seat allocation applies, the same shall be performed per each Passenger and per each segment, and different prices may apply in National and International Flights.

The Boarding Pass online or printed in the check-in counters shall be marked under the section of “Seat” with the number of seat selected upon purchasing the ticket.

Important Note: Passengers who purchased the ticket through IAMSA or any other OTA (External Agency) may not select the Seat upon purchasing, but must enter the section My Flight on our website to choose the Seat that most satisfies their needs.

13.1.2 Boarding Process

Allocation of seats is mandatory in all flights and the amount to pay per Passenger for this concept shall depend on the category of the selected Seat.

The Seat Allocation Service is included in the VivaSmart modality. For the modalities of VivaLight and VivaPlus the service has an additional cost which depends on the type of seat selected during the Booking process.

The aricraft’s cockpit has been segmented under the concepts and types of Seats that are detailed on the Website or in the following micro-website https://www.vivaaerobus.com/mx/asientos-asignados

Any Change of Seat may be performed through the above-mentioned means and up to 4 (four) hours prior to the Flight’s departure. Changes may only be performed in the check-in counters within the same category.

In the modalities where a seat allocation charge applies, it shall be performed per each passenger and per each segment, and different prices may apply in national and international flights.

13.2 Passenger Behavior

13.2.1 Behavior Onboard.

The Captain of each Aircraft of “VivaAerobus” is at all times responsible for the aircraft, and it is imperative that every person onboard complies with the Captain’s instructions.

All Captains of “VivaAerobus” may impose physical restrictions, at their sole discretion, on those Passengers who do not have an adequate behavior or cause trouble during the flight, including but not limited to disembarking the Passenger from the aircraft or delivering the Passenger to the security personnel and ground officers without any liability for “VivaAerobus” and/or the Captain.

Passengers who due to their inappropriate behavior cause any damage and/or harm to “VivaAerobus”, against himself/herself or any of the other Passengers, shall be liable for the damages and shall indemnify “VivaAerobus” for any expense, cost, disbursement incurred by “VivaAerobus” derived from their acts, including those resulting from lawsuits or claims against “VivaAerobus”.

13.3 Boarding Refusal.

“VivaAerobus” may deny boarding to Passengers for the following reasons, including but not limited to:

i. To Passengers and/or their baggage, when pursuant to the applicable standards it is determined that they pose a risk or danger, or else, that the transportation of such people, baggage and/or belongings is forbidden by the applicable legal provisions or restrictions.

ii. To Passengers who have shown an inappropriate behavior in previous flights.

iii. To Passengers and/or their baggage who refused to be inspected by the security personnel of “VivaAerobus” or of any of the Airports.

iv. To Passengers who have not paid each and all of the rates and/or applicable fees, including those credits granted by “VivaAerobus”.

v. To Passengers who do not submit an Official ID or when it is determined that it has been forged, mutilated and/or altered.

vi. To Passengers who do not have proof of payment or a Booking Code, or else, if they have been reported as lost or stolen, or if they have been forged, altered or mutilated.

vii. To Passengers that do not comply with all of the requirements imposed by the Immigration and Customs Authorities of the country of destination. Such requirements include but are not limited to:

a. Valid Passport (notwithstanding the nationality)

b. Valid Visa (For non-American citizens that wish to enter into the USA and for non-Mexican citizens that wish to enter into Mexico)

c. Round Ticket (Citizens who intend to travel to the USA and are not US Citizens)

d. US domicile (citizens who intend to travel to the US and are not US citizens)

Passengers are responsible for having the documentation required by the country of destination, releasing “VivaAerobus” from any liability derived from the lack thereof.

14.0 Security in our Flights

“VivaAerobus” withholds the right to refuse boarding to any person who may imply an actual or potential security risk to the Aircraft and/or the other Passengers, such as:

  • Convicts
  • People in a drunken state
  • People under the effect of psychotropic (except in the case of medication prior submission of the medical prescription and prior notification to the personnel of “VivaAerobus” when checking-in)
  • People sought by national or international authorities.

In these cases, “VivaAerobus” shall notify the Passenger in question of the decision to exercise its rights to refuse boarding and the grounds for such refusal and it shall then issue the corresponding report stating the situation and the reasons for which it reserves the right to refuse boarding, as well as the measures, if applicable, it shall employ not to affect the rights of the passenger, in accordance with the following.

The measures to be employed in order to safeguard the rights of the passenger may consist in issuing a travel certificate or, if applicable, at the discretion of “VivaAerobus”, to make the corresponding reimbursement to the passenger prior analysis of the specific fact.

In the case of people under the effect of any psychotropic substance, alcohol or any other substance that alters the passenger’s behavior (except in the case of medication prior submission of the medical prescription and prior notice to the personnel of “VivaAerobus” when checking-in), “VivaAerobus” shall not be liable to perform any type of reimbursement of the rates and amounts paid, since it presumes that the passenger is the sole responsible for his/her physical and psychological condition upon boarding the flight.

In the case of people sought by national or international authorities, the respective authorities shall be notified or, if applicable, his/her consignment to the corresponding authorities shall be made.

These types of security measures in no event shall be understood with the purpose of nullifying or impairing the rights and freedoms or equality of people or to affect their dignity and are only intended to safeguard the rest of the passengers, to guarantee a peaceful and uneventful flight.

14.2 Non Smoking Policy.

“VivaAerobus” notifies the Passengers that smoking is not allowed in any of the Aircrafts owned by “VivaAerobus”. Passengers who are caught smoking inside the Aircraft shall be subject to the applicable sanctions and penalties established by the laws in force.

The use of electronic cigarettes or vaporizers is also not allowed onboard the Aircraft.

15.0 Limitation of Liabilities

15.1 Passengers:

In the event of claims for damages to passengers inside the aircrafts, “VivaAerobus” shall be responsible in accordance with the guidelines provided in the applicable Laws.

“VivaAerobus” is excluded from any liability in the following cases:

· Damages suffered by the passengers due to their own fault or negligence

· For defects of the baggage, hidden defects or inappropriate containers

· When the baggage is harmed due to its own nature or its content.

  • When the baggage is delivered on time

· When the transported goods were damaged since the beginning by the passenger.

· When the passengers statement is false or when he/she lies about the valuables, amount and/or quality of the goods contained in his/her baggage.

16.0 Forbidden Articles:

FORBIDDEN ARTICLES OR SUBSTANCES OR NOT SUBJECT TO TRANSPORTATION

                                                                                DESCRIPTION

Any object with the capacity or apparent possibility of causing a wound through the discharge of a projectile

All types of fire arms (guns, rifles, revolvers, shotguns, etc.). Replicas or imitations of fire arms, components and/or fire arms, components and/or parts of fire arms (including telescopic aim), air guns, rifles and dart guns. Guns used for aid signals and starters, toy guns of all kinds *, Gotcha guns, guns and staplers, industrial, crossbows, catapults, harpoons and throw guns, or any weapon that constitutes a risk to the physical integrity of a human being or animal, electroshock devices, laser guns, lighters with the form of a gun.

Sharp or puncturing objects capable of causing a wound

Including arrows and darts, steel staplers or steel picks, steel plaques with picks used for alpinism, harpoons, lances, ice axes, ice picks, ice skates, any type of knife or blade without limitation, sables, swords, covered weapons, scalpels, scissors with blades of any size, skies and sky poles and mountain walk sticks, metal puncturing stars. Tools that may be used as sharp or pointy weapons, such as drills, pieces or loose parts of drills and/or screwdrivers, all types of saws, screwdrivers, clippers, levers, hammers, pincers, adjustable wrenches, welding devices, harpoons, submarine weapons, arches, bayonets, arrows, similar objects.

*Electronic Devices

Electronic hand tools that uses gases to cut/weld (drills, portable saws, welding guns, hammers, screwdrivers, hammers, clamps)

High intensity lamps with bulbs and batteries. Their components (batteries, coils) must be separated and identified with labels. Tongs, hair irons and curlers.

Explosives

Munitions, detonators and fuses, explosive artifacts as well as replicas and imitations thereof, mines, bombs, including “party-poopers” (party cartridges) and “toycaps” (chinanpinas)

Chemical and/or toxic substances

Acids and alkaline, liquid batteries, corrosive substances and/or bleachers, for example, mercury, chloride, radioactive material, commercial or medical isotopes, biological and/or infectious material, poison, contaminated blood, virus, bacteria, radioactive material, susceptible of instantaneous combustion, extinguishers.

Gas and any type of gas container

Butane, propane, acetylene, oxygen in large amounts

Flammable liquids

Including methanol, oil, gasoline, diesel, alcohol, ethanol, aerosol paint, paint thinner, alcoholic beverages exceeding 70 degrees of alcohol volume

Oxides and organic peroxides

Including treatments for repair of car paint.

Stretchers                                                 

VivaAerobus does not accept stretchers for transportation to any flight

Electronic cigarettes.

The use of electronic cigarettes is forbidden in all areas of the VivaAerobus aircrafts

Use of cell phones

Cell phones, personal electronic devices with wireless connection may only be carried in the hand pockets and have to be turned off when the plane signals or crew instruct it.

* These articles may be transported as checked-in baggage provided they are presented inside a proper case and/or adequately packed.

** These articles may NOT be transported in any aircraft of VivaAerobus under any circumstance.

*** Ground connections authorized by “VivaAerobus”.

17.0 Ground connections authorized by “VivaAerobus”

Passengers who have purchased ground transportation services, which may be taxi service (collective or private), city-airport-city “Shuttle” (Vivabus) and/or ground transportation by bus between cities; must deliver the proof (ticket) of purchase and payment of the service that is delivered with the purchase in order to board the units.

17.1 City-airport-city shuttle (Vivabus):

The Vivabus Shuttle tickets are only valid for the date, origin and destination indicated in the ticket, and therefore no changes or return requests are accepted for the cases they have been paid but not enforced by the purchaser pursuant to the specifications of each ticket. The Vivabus service operates with established schedules and routes and is performed in units specifically appointed for such service. The user of the Vivabus service must arrive with sufficient time in advance to board on time the units providing the service. Departures of certain points of the city towards the airports are made with two hours and thirty minutes (2:30) in advance to the scheduled flight’s departure of “VivaAerobus”.  Departures of the Vivabus operated from the airport are performed once the arrival process of the flights of “VivaAerobus” has concluded and once all contracting users of the services of Vivabus, who have declared the purchase of the ticket with the corresponding proof, have boarded the unit destined for such purpose.  The Vivabus Shuttle service is offered as an independent service from the air transport routes operated by “VivaAerobus”, to the passengers and only applies for pre-established routes. Service or occupation is subject to availability, without any liability for “VivaAerobus” or the company providing the Vivabus service.

17.2 Ground Transportation from City to City:

Bus tickets between 2 different cities are only for the dates, times, origins and destinations indicated therein and the services shall be operated by the corresponding company, which company is shown at the back of the ticket and is independent from “VivaAerobus”. The Passenger must show up 35 minutes before his/her departure to check-in baggage and 20 minutes prior at the departure point, waiting lounge and/or corresponding platform to board the unit.  The 50% saving in the cost of the bus ticket is valid only and exclusively for passengers of “VivaAerobus” who show their valid boarding pass of their flight no more than 24 hours prior to the scheduled time for the flight or, if the case may be, twenty-four hours after the arrival time thereof, after the flight has occurred and only applies for the routes and/or pre-established companies (to verify participant companies and details, check the following webpage www.vivaaerobus.com/mx/viajafacil).  The service or occupation is subject to availability without any liability for the ground transportation service company and/or “VivaAerobus”.  These services are subject to the Terms and Conditions of the ticket issued by the service company, which may be consulted at any of its ticket offices.

17.3 Taxi Service:

Taxi services offered through “VivaAerobus” are subject to availability, are provided by external companies to “VivaAerobus” and are subject to the terms and conditions issued by the service company.  In order to use the taxi service, it is necessary to have acquired the service in advance through the “VivaAerobus” sales channels.  Once the service has been acquired, a representative of the taxi service company shall be waiting at the time of arrival of the “VivaAerobus” flight to transport the passengers with a paid ticket to their final destination.  The proof of payment is the ticket issued upon covering the amount. Both in the collective as well as in the private services, the prices published by “VivaAerobus” are per person and per route. “VivaAerobus” shall not be liable for the denial of transportation by the service company if the passenger has not paid the corresponding fee per person and per requested route.  In order to book the route City-Airport, once paid, the user of the service must call the phone number provided by the taxi service company to book with at least 24 (twenty-four) hours in advance to the time of the required service.

18.0Guaranties

18.1 VivaContesta Guaranty

The VivaContesta Guaranty consists in providing an answer to our clients within 72 (seventy two) business hours, through any of our official digital channels, either Facebook, Twitter or the Client Service Portal. For more information on the terms and conditions thereof visit the following link https://www.vivaaerobus.com/mx/volar-con-viva/garantia-viva-contesta

18.2 Viva Price Guaranty

If a Passenger finds published on the website of another airline, a flight at a lower price than the one published on our Website, under this Price Guaranty “VivaAerobus” will grant the Passenger a Flight Certificate equal to the total amount actually paid by the Passenger for the Base Rate, without including taxes, charges and/or Additional Services. For more information on the terms and conditions thereof visit the following link https://www.vivaaerobus.com/mx/volar-con-viva/garantia-viva

19. Applicable Law

19.1 Legal grounds.

These Terms and Conditions and any service or product provided by “VivaAerobus” shall be governed by the provisions of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) and by the laws of the Mexican Republic.

Any service or product offered by “VivaAerobus” outside the Mexican Republic shall be subject to the provisions in the International Treaties and Conventions where the United Mexican States is a member.

19.2 Disputes

Any dispute or controversy regarding these Terms and Conditions and/or the products or services provided by “VivaAerobus” shall be subject to the interpretation and enforcement by the Courts of Mexico City, Federal District, waiving the Passengers any other forum to which they may be entitled by virtue of their present or future domiciles.

19.3 Personal Data Protection

For more information about the processing and protection of your Personal Data, Passengers must access the Privacy Notice contained in the following address   https://www.vivaaerobus.com/upload/en/legales/aviso-de-privacidad-integral.pdf

19.4 Amendments and/or Changes.

“VivaAerobus” expressly withholds the right to change, amend or modify, at any time and without prior notice, these Terms and Conditions and/or the content of the Website, as well as the check-in procedures and/or forms required to use or purchase the air transportation services offered by “VivaAerobus”.

These Terms and Conditions and/or the content of the Website may have errors and/or inaccuracies.

“VivaAerobus” notifies the Passengers that there are no other guaranties by “VivaAerobus” than those expressly provided herein, therefore any other guaranty that is not specified in these Terms and Conditions shall be null and void.

No information, whether verbal or in writing, that has not been provided by authorized representatives of “VivaAerobus”, shall create any guaranty of any kind regarding these Terms and Conditions.