Passenger Rights Information Sheet

In the event that it is necessary to deny boarding to a passenger due to overbooking, 
volunteers to give up their reservations in exchange for compensation from the carrier should first be asked to come forth.
If no volunteers come forth, or there aren't enough of them, and it is necessary to deny boarding to one or more passengers against their will, the following rights shall apply:

1. The passenger can choose to

   1. Be boarded on the next flight the carrier has available or on alternative transportation, should the passenger decide to remain in the air transportation agreement.
   2. Be reimbursed for the total amount paid for the ticket, if the passenger waives the air transportation agreement and its execution has not yet commenced.
   3. In the case of a trip with a stopover and/or connection already underway, the passenger has the following options:
      1. Be boarded on the next flight the carrier has available or on alternative transportation, should the passenger decide to remain in the air transportation agreement.
      2. Be reimbursed for the unused portion.
      3. Be returned to the departure point, with reimbursement of the ticket price.

2. Monetary compensation

the carrier must also offer the passenger affected a sum equivalent to:

1. 2 D.U. [Unidad de Fomento - U.F. - Development Unit] for flights under 500 kilometres.
2. 3 D.U. for flights between 500 and 1,000 kilometres.
3. 4 D.U. for flights between 1,000 and 2,500 kilometres.
4. 10 D.U. for flights between 2,500 and 4,000 kilometres.
5. 15 D.U. for flights between 4,000 and 8,000 kilometres.
6. 20 D.U. for flights over 8,000 kilometres.

With regard to these compensations, it must be taken into consideration that:
- Passengers who accept these compensations cannot take further action against the carrier for the denied boarding.
- If, as per number 1 letter a) of this article, the passenger is boarded on the next flight the carrier has available and the difference in the departure time as compared to the scheduled time for the flight for which the passenger initially reserved is less than three hours, this compensation will not apply.
- By "trip with stopover and/or connection" it is understood to mean one whose arrival at the destination included a departure point and one or more intermediate stopover and/or connection points, which are part of a single agreement.
- Priority boarding shall be given to unaccompanied minors, persons with disabilities, passengers that are elderly or in poor health, pregnant women who, due to their condition, require priority boarding and, in general, passengers who are given preferential boarding for humanitarian reasons deemed appropriate by the carrier.

3. Assistance benefits:

when denied boarding, the carrier shall be obligated to provide the following assistance benefits:

1. Communications that need to be made by the passenger, whether via telephone, electronic or of any similar nature, if there is a difference compared to the departure time scheduled for the flight initially reserved greater than 3 hours.
2. Snacks and meals that are necessary until boarding on the other flight, if there is a difference compared to the departure time scheduled for the flight initially reserved greater than three hours.
3. Accommodations for passengers with return flights and for passengers with one-way flights who are denied boarding at a connecting point, who are not residents of the city, place or area of the departure airports, in the event they are offered a new flight with a departure a minimum of the next day from the departure scheduled on the ticket, provided that the passenger has to spend one or several nights and the wait time for boarding the other flight requires this. ""Night" is understood to be from midnight to 6 a.m.
4. Transportation from the airport to the place of residence of the passenger in the city, place or area of the departure airport, or the place of accommodation, and vice versa, if applicable.

Any arrangements and benefits necessary in order to continue the trip, in the event that the passenger misses a connecting flight with a confirmed booking. A "connecting flight" is understood to mean one whose arrival at the destination included a departure point and one or more intermediate connection points, which are part of a single agreement.

The carrier is obligated to carry out the transportation as per the date, time and other conditions stipulated. Nonetheless, the carrier may suspend, delay and cancel the flight or modify its conditions due to supervening security reasons or force majeure, such as weather phenomena, armed conflicts, civil unrest or threats against the aircraft. In these cases, any of the contracting parties may void the contract, with each party bearing its own losses.
Without prejudice to the above, in the case of the delay or cancellation of a flight, the passenger affected shall be entitled to the following:

1. Board the next flight that the carrier has available, or alternative transportation, should the passenger decide the remain in the air transportation agreement; regardless of whether the flight has not yet begun or whether it has begun and the passenger is on a stopover and/or connection.
2. The assistance benefits indicated for denied boarding, provided that the cause of the delay or cancellation is attributable to the carrier.
3. Full refund of the fare paid or the unused portion thereof, as applicable, if the passenger decides not to remain in the agreement, regardless of whether the delay or cancellation is attributable to the carrier or not.
4. Compensation as per the Montreal Convention 1999 Aviation Code if the flight is international, or as per the Aviation Code of Chile if the flight is domestic.

Montreal Convention 1999:

Article 19: “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures".
Article 22 No. 1: In the case of delay, liability is limited to 4,604 Special Drawing Rights (from the International Monetary Fund).
Article 22 No. 5: The person affected is entitled to take legal action to claim a higher compensation amount.

Aviation Code of Chile:

Article 147: "Compensation for delay in carrying out the transportation of passengers shall not exceed two hundred fifty development units for each one.
However, this compensation shall not be applicable if the carrier proves that it took the necessary measures to prevent the event that caused the delay or it was impossible for it to do so".

Article 133 B letter c): The compensation in Article 147 shall apply if the delay or cancellation is attributable to the carrier, in accordance with the following: i) If the delay was greater than three hours with respect to the scheduled departure time on the ticket.
ii) At the time of cancellation, except when the passenger is informed of the cancellation and is offered another flight allowing him or her to depart no more than three hours late with regard to the scheduled departure time.
For the purposes of notification of cancellation, when the passenger makes the booking or purchases his or her ticket, he or shall shall inform the carrier, directly or through its authorized agents, of his or her contact information, such as address, telephone number and email.

Refund of Fees

In the event that the flight does not take place, for any reason, the aviation fees, charges or taxes paid by the passenger shall be refunded upon demand at any office of the carrier or via the website of the air carrier.