TERMS AND CONDITIONS

By accessing the VivaAerobus internet site you agree to all the Terms and Conditions set forth herein. VivaAerobus expressly reserves the right to change and/or modify these Terms and Conditions at any time without any notice and/or liability whatsoever. The headings in these Terms and Conditions are for convenience of reference only and shall neither be deemed to be part of these Terms and Conditions nor modify, define, expand or limit any of the terms or provisions hereof. Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

2. Definitions

VivaAerobus: Means Aeroenlaces Nacionales, S.A. de C.V.

Immediate Family Member: means any member of a family, whether by blood or by affinity, up to the second grade.

Form of Indemnity: means the form of indemnity referred to in Section 5. v. hereto for the transport of minors.

Minimum Wages: shall mean the basis for the calculation of indemnifications hereto and shall be equivalent to the minimum salary base on a daily basis valid in the Distrito Federal, on the date the damage occurred.

Personal Care Attendant: shall mean the VivaAerobus personnel or its respective, agents available to assist passengers with Special Needs.

Personal Electronic Devices: means mobile phones, CD or DVD players, mp3, Ipods, laptop computers and any other equipment with wireless connection.

Prohibited Items: shall mean and include, without limitation, the following items:

Guns, Firearms & Weapons; any object capable or appearing capable, of discharging a projectile or causing injury, including: all firearms (pistols, revolvers, rifles, shotguns, etc.) Replica and imitation of firearms, Component parts of firearms (excluding telescopic sighting devices & sights), air pistols, rifles and pellet guns. Signal flare pistols, Starter pistols, Toy guns of all types, ball bearing guns, industrial bolt and nail guns, cross bows, catapults, harpoon and spear guns, Animal humane killers, stun or shocking devices, e.g. cattle prods, ballistic conducted energy weapons (laser), lighters shaped like a firearm.

Pointed edged Weapons & Sharp Objects; pointed or bladed articles capable of causing injury, including: axes & hatchets, arrows and darts, crampons (grappling iron, hooked bar of iron, or plate with iron spikes used in mountaineering), harpoons & spears, ice axes & ice picks, ice skates, lockable or flick knives with blades of any length, knives, including ceremonial, religious and hunting knives, made of metal or any other material strong enough to be used as a potential weapon, meat cleavers, machetes, open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge), sables, swords and swordsticks, scalpels, scissors with blades of any length, ski and walking/hiking poles, throwing stars, tradesman's tools that have the potential to be used as a pointed or edged weapon, e.g. drills and drill bits, box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches/spanners, blow torches.

Blunt Instruments: any blunt instrument capable of causing injury, including: Baseball and softball bats, billiard, snooker or pool cues, knitting needles, clubs or batons - rigid or flexible - e.g. billy clubs, blackjacks (truncheon of leather covered lead with flexible shaft), night sticks & batons, cricket bats, golf clubs, hockey and Hurley sticks, lacrosse sticks, kayak and canoe paddles, skateboards, billiard, snooker and pool cues, fishing rods, martial arts equipment, e.g. knuckle dusters, clubs, coshes, rice flails, num-chucks, kubatons, kubasaunts.

Explosives and flammable substances; any explosive or highly combustible substance which poses a risk to the health of passengers and crew or the security/safety of aircraft or property, including: ammunition, blasting caps, detonators & fuses, explosives and explosive devices, replica or imitation explosive material or devices, mines & other explosive military store, grenades of all types. gas & gas containers, e.g. butane, propane, acetylene, oxygen - in large volume, fireworks, flares in any form and other pyrotechnics (including party poppers and toy caps), non safety matches, smoke generating canisters or cartridges, flammable liquid fuel, e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol, aerosol spray paint, turpentine & paint thinner, alcoholic beverages exceeding 70% by volume (140% proof).

Chemical and Toxic Substances: any chemical or toxic substances which pose a risk to the health of passengers and crew or the security/ safety of aircraft or property, including: acids and alkalis, e.g. spillable "wet" batteries, corrosive or bleaching substances - e.g. mercury, chlorine, disabling or incapacitating sprays - e.g. mace, pepper spray, tear gas, radioactive material - e.g. medicinal or commercial isotopes, poisons, infectious or biological hazardous material - e.g. infected blood, bacteria and viruses, material capable of spontaneous ignition or combustion, fire extinguishers (except as authorized by fire protocols and as aircraft emergency equipment).

The following items shall not be placed in checked baggage:

• Explosives, including detonators, fuses, grenades, mines and explosives.
• Gases: propane, butane.
• Flammable liquids, including gasoline, methanol,
• Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares.
• Oxidizers and organic peroxides, including bleach, car body repair kits.
• Toxic or infectious substances, including rat poison, infected blood, radioactive material, including medicinal or commercial isotopes.
• Corrosives, including mercury, vehicle batteries, vehicle fuel system components which have contained fuel.

Note: Any sharp objects in checked-in baggage should be securely wrapped to prevent injury to screeners and handling personnel. Additionally any object included in the previous list of articles forbidden or dangerous will be seized.

Guns, firearms and weapons (including replica items), paints, items with internal combustion engines such as chainsaws, model aircraft, lawnmowers, etc., may not be carried in any baggage (whether checked or unchecked).

TUA: means the Use of Airport Tariff paid by the passenger to VivaAerobus on behalf of the airport.

Security Charge: means a special charge paid by the passenger to VivaAerobus to cover for the airports services that include the security personnel services, luggage transportation services and check-points.

3. Fares, Fees and Charges

i. Fares:

Fares shall apply for carriage of passengers and in certain cases to baggage, from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transportation services to any airport and will be calculated in accordance with the Applicable Tariff.

ii. TUA and Security Charge:

VivaAerobus shall have the right to charge to each passenger on behalf of the respective Airport, along with the air Fare, the TUA and the Security Charge and the passenger shall pay both charges to VivaAerobus together with the air Fare.

iii. Fees, Taxes and Charges:

Fees, Taxes and Charges refer to that portion of the air Fare payable by each passenger to VivaAerobus and it is calculated by reference to the then current Government Taxes and Airport charges payable by VivaAerobus with respect to each passenger travelling on a particular route. In addition, Fees, Taxes and Charges may include Government charges, insurance surcharges, additional passenger or baggage security charges or other charges which may be imposed on the airline from time to time.

iv. Transaction Fees:

A transaction fee will be applied and charged to each passenger when any payment is done with any form of cash or Credit Card, pursuant to the then applicable rate.

v. Refund Administration Fee:

All VivaAerobus Fares are non-refundable. Requests for a TUA and/or Security Charge refund shall be charged and paid by each passenger at a rate of MX$500.00 (Five Hundred Peso) per ticket. However, if the amount to be refunded to the passenger is less than the applicable Refund Administration Fee, then no refund will be made. Tax refund requests must be made within one month from the booked date of travel.

vi. Cancellations:

All VivaAerobus Fares are fully changeable in terms of number of flight, dates, times, routes and/or passenger names (up to 4 (four) hours prior to the original flight departure schedule) however Fares, Fees or Charges are non-refundable, save and except for the TUA, which shall be refundable but subject to the terms and conditions set forth by the airline and the respective Airport.

In exceptional circumstances, VivaAerobus will consider issuing a credit in the event of the bereavement of an Immediate Family Member, before the passenger has checked-in for the respective flight. In order to process the cancellation of your booking please contact your local VivaAerobus call centre. Before anybody can assist you in the flight cancellation process you will need to provide certified documents of the situation to support your refund request. If you have already started your journey, please contact your local VivaAerobus call centre who will try to assist you with making arrangements for your return journey.

VivaAerobus strongly recommends to all of its customers to purchase private travel insurance to cover all potential circumstances. Private travel insurance is available on our website at www.VivaAerobus.com.

vii. Customer Service Fee:

All and each bookings made by VivaAerobus call center are subject to a customer service fee of MX$175.00 (One Hundred and Seventy Five Pesos).

viii. Change Name Fee:

Name of the passengers may be changed subject to a Change Name Fee. The Name Change Fee is MX$500.00 (Five Hundred Pesos) per name change if made through VivaAerobus internet web page: www.VivaAerobus.com or MX$1000 (one thousand Pesos) per name change if made through a VivaAerobus call center. Name changes must be made at least four hours prior to the schedule time for departure of the first flight in the booking and subject to call center opening hours. The same passenger name shall be used for all flights within the same booking.

ix. Priority Boarding Pass Fee

Monto

This payment, allows a passenger to be one of the first to board the aircraft, just before than any other group, once given the instructions by the airline personnel, allowing the passenger the option to choose the seat of his preference.

In order to use this special service the passenger should follow the standard documentation process, by presenting himself two hours prior to the schedule departure on national flights and three hours prior when the purchased flight is international. The boarding pass will be marked with the initials PB (Priority Boarding) which would serve to identify the Priority Boarding Pass. Additionally the passenger should be present at the boarding gate 30 minutes prior to the programmed departure and follow the airline personnel to board the aircraft.

This fee is non refundable and its subject to availability at the time of purchase or schedule change.

x. Change Flight Fee:

Flight time and date may be changed subject to availability and the payment of a Change Flight Fee. The Change Flight Fee is MX$300.00 (Three Hundred pesos) per passenger if made through VivaAerobus internet web page: www.VivaAerobus.com or MX$700.00 (Seven Hundred pesos) per passenger if made through any other VivaAerobus sales desk.

Additionally the passenger must pay any upwards air Fare difference resulting at the moment of the itinerary change, as well of any service fee applicable at the moment of the transaction. If at the itinerary change results that the current air Fare is lower than the previously paid fare, the paid air fare will be maintained and no refund will be available.

xi. Taxes

All the transactions referred hereto, including without limitation purchase and sale of tickets, products and services will be taxed, in accordance with Mexican Tax Law.

xi. Currency:

All amounts referred hereto or in the web page are expressed in Mexican Currency (Mexican Pesos), unless otherwise expressly provided, in which specific case, such currency shall apply.

4. Baggage

Passengers and their baggage will be subjected to security screening throughout their journey with VivaAerobus. In order to assist VivaAerobus with this requirement, each passenger shall ensure their cabin baggage is packed in such a way that, if requested by airport or airline personnel, including security personnel, at check-in, each passenger is able to transfer items into bags which are to be checked-in.

Each passenger is permitted to carry two pieces of hand baggage into the aircraft cabin, weighing up to 10 (ten) kilos with maximum dimensions of 55 (fifty five) cm x 40 (forty) cm x 20 (twenty) cm. Infants who share a seat do not have a baggage allowance.

Passenger must identify their checked baggage with their name, address and contact telephone numbers and/or their flight confirmation number. Failure to comply with this simple requirement may result in a significant delay in the tracing of your checked baggage should it become lost or misplaced. If any item of your checked baggage is reported lost by you and cannot be found within 21 (twenty one) days, it shall be presumed to be lost and subject to the liabilities set forth in Section 8 hereto shall apply. VivaAerobus shall have no liability whatsoever for cosmetic and/or superficial damage caused to baggage as a result of normal wear and tear during the course of carriage.

Many items of sporting equipment including but not limited to large fishing rods, golf clubs, bicycles, scooters, fencing equipment, surfboards, body boards as well as large musical instruments including but not limited to harps, double bass are inherently unsuitable for carriage by airlines operating fast turnarounds such as VivaAerobus. However, upon payment of MX$500.00 (Five Hundred Pesos) at VivaAerobus web page:  www.VivaAerobus.com or MX$750.00 (Seven Hundred and Fifty Pesos) at the airport per item, per one way flight, irrespective of weight (maximum 32 (thirty two) kilos for any one item), VivaAerobus will attempt to carry such items as carefully as it can but only on a limited basis (i.e. entirely at the passenger own risk for damage or delay). Every passenger shall therefore ensure to have suitable private insurance cover in force for such items. Due to space restrictions, VivaAerobus recommends to all of its passengers that all sports equipment and musical instruments are pre-booked and pre-paid at the time of booking at VivaAerobus web page: www.VivaAerobus.com or through their local VivaAerobus call center, failure to do so may result in the item being refused for carriage at the airport.

Baby buggies, cots and car seats are also considered to be inherently unsuitable for carriage by air. VivaAerobus is prepared to carry such items on a limited basis (i.e. entirely at your own risk for damage or delay).  All passengers shall therefore ensure to have suitable private insurance coverage in force for such items.

Smaller musical instruments such as a guitar, violin or viola which exceed VivaAerobus aircraft’s cabin baggage dimensions may be carried in the aircraft cabin if a seat for is has been reserved and the appropriate Fare paid. There is no baggage allowance associated with the purchase of an extra seat in such cases.

Bicycles may be carried on VivaAerobus flights but they must be packaged as follows:

• The bicycle must be packaged in a bicycle box or bag;
• Only one bicycle per bicycle box or bag will be permitted;
• No other items can be carried in the bicycle bag (e.g. clothing);
• The handlebars must be in line with the frame of the bicycle;
• The pedals must be in line with the frame of the bicycle or removed; and
• Bicycles with hydraulic brakes and suspensions will not be accepted for carriage

5. Passengers

i. Name Changes

Every passenger may change its name on a VivaAerobus flight and ticket for a Charge, however the name change can only be made through VivaAerobus internet web page: www.VivaAerobus.com or in our local call center and subject to opening hours. Names of passengers must be changed up to 4 hours prior to the scheduled departure time (subject to availability & call centre opening times). The same passenger name must be used for all flights within a booking. No changes to the passenger name can take place once a passenger has checked in for a flight online.

ii. Passengers with Special Needs

For safety reasons VivaAerobus can carry a maximum of 2 (two)  passengers on per Domestic flight and a maximum of 4 (four) passengers per International flight who have either reduced mobility, or are blind or visually impaired, travelling with a guide dog or alone who require special assistance at the airport. Such passengers (including in the case of those who are blind or visually impaired, if travelling with sighted companion) must notify VivaAerobus of their condition or special requirements on the day of booking via the local VivaAerobus call center, but always at least four hours before check-in. Failure to notify VivaAerobus will result in the service being unavailable to the passenger upon their arrival at the airport and them being refused carriage.

In accordance with VivaAerobus own safety programs and to ensure that VivaAerobus is pre-advised of any and all passengers physical condition and/or their special needs or assistance, VivaAerobus has listed the options for passengers with special needs or assistance, available at its flights, below. Each passenger shall advise VivaAerobus call center when making the reservation, the election of any available option as listed below.

a)  WCHR: Passenger who requires the use of an airport wheelchair and to be pushed through the airport terminal to the steps of the aircraft;

b)  WCHS: Passenger who requires the use of an airport wheelchair and to be pushed through the airport terminal to the steps of the aircraft and also requires lift on/lift off assistance onto and off the aircraft;

c) WCHR: Passenger who requires the use of an airport wheelchair only but does not require to be pushed by airport staff;

d) WCHS: Passenger not traveling in a wheelchair that requires no assistance through the airport to the aircraft but does require lift on / lift off assistance onto the aircraft;

e) WCHR: Passenger traveling in their own wheelchair that only requires to be pushed through the airport terminal to aircraft steps;

f)   WCHC: Passenger traveling in their own wheelchair that requires to be pushed through the airport terminal to aircraft steps and also require lift on/ lift off assistance onto the aircraft;

g) WCHR: Passenger traveling in their own wheelchair that does not require to be pushed through the airport terminal to the aircraft steps, but does require lift on/lift off assistance onto and off the aircraft;

h) WCHR: Passenger traveling in their own wheelchair that requires no assistance at all from airport staff;

i) Blind or vision impaired passenger traveling alone without a sighted companion that requires a walker to and from the terminal to the aircraft;

j) Blind or vision impaired passenger traveling with a guide dog and requires a walker to and from the terminal to the aircraft;

k) Blind or vision impaired passenger traveling alone without a sighted companion and requires no assistance;

l)   Blind or vision impaired passenger traveling with a guide dog and requires no assistance;

m) Blind or vision impaired passenger traveling with a sighted companion and requires no assistance;

n) Passenger with an intellectual disability: who is able to understand and respond appropriately to safety instructions and does not require a Personal Care Attendant, but does require a walker to and from the terminal to the aircraft

iii. Passengers with Broken Limbs

All passengers travelling with broken limbs in plaster are required to travel with a medical certificate confirming their fitness to travel. Passengers travelling with upper limbs in cast (waist and above) will only require one seat to travel. Adult passengers travelling with lower limbs in cast, waist and/or full leg plaster, must purchase three seats in total per flight, to travel. This will enable the leg to be elevated during the flight and reduce swelling. Passengers travelling with lower leg in plaster (below the knee only), will only require one seat. Child passengers travelling with lower limbs in cast will be dealt with as above, but the length of the cast will need to be determined to decide whether they require one or more seats to enable their leg to be elevated during the flight, passengers should contact their local VivaAerobus call center for further assistance.

iv. Wheelchairs

Wheelchairs and mobility aids weighing more than 60 (sixty) kilos cannot be accepted for carriage on any VivaAerobus flights.  Electric wheelchairs with dry-cell batteries can be carried, provided that the battery is disconnected and the terminal insulated; provided however that, the weight limit is still applicable.

v. Minors

VivaAerobus does not carry unaccompanied minors (children under 14 (fourteen) years old). Escort and special facilities are not available. VivaAerobus will carry young persons aged 14 (fourteen) to 17 (seventeen) years only upon completion and signature of the Form of Indemnity at check-in of each departure airport by both of its parents or legal custodian. Young persons aged 14 (fourteen) to 17 (seventeen) years old travelling on VivaAerobus must present the required photo identification at check-in (passport or school ID). The parents or legal custodian of the young person are required to remain in the airport until the flight has departed.

Children under the age of 14 (fourteen) must always be accompanied on the same reservation by a passenger over 18 (eighteen) years old, who is a parent or legal custodian.  For safety reasons infants must be over 8 (eight) days old before they are permitted to travel on VivaAerobus flights. Children aged between 8 (eight) days and 2 (two) years as at the date of travel cannot travel in their own seat and must sit on an adult's lap. The charge for carriage of infants is MX$200.00 (Two Hundred Pesos) per one wey trip flight (maximum one infant per adult). No baby car seats are allowed in the cabin of the aircraft. No extra seats may be booked for infants. Infants do not qualify for a baggage allowance. If the infant reaches the age of 2 (two) years prior to the return flights, he shall be subject to pay the applicable Fare, Taxes, Fees and Charges for that part of the journey. Proof of age may be required, it is advisable to have a valid photo identification of the infant (passport or birth certificate) and be prepared for inspection.

vi. Pregnant Woman

VivaAerobus will accept pregnant women for travel on its flights up to 27 (twenty seven) weeks (inclusive) without a medical certificate. When traveling between 28 (twenty eight) and 36 (thirty six) weeks (inclusive), a medical certificate issued by a doctor will be required confirming the number of weeks of pregnancy and confirming the passenger is fit to fly. All return flights must be completed not later than week number 36 (thirty six) of the pregnancy. It is the responsibility of all pregnant women to advise Vivaaerobus of their condition at the time of reservation and check-in.

6. Conditions of Service:

I. Suspension of Services:

Pursuant to the Applicable Aviation Law and Regulations, VivaAerobus may suspend the rendering of all of its scheduled flights without prior notice, for causes beyond its control, without any further responsibility and/or liability.

ii. Refusal:

VivaAerobus can refuse carriage of any passenger or offload them at any airport if VivaAerobus, at its absolute discretion, considers that:

a) Such action is necessary for reasons of security to its passengers, aircraft, equipment, employees or cargo; or

b) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or

c) The passengers conduct, status, age or mental or physical condition or the physical condition of the passenger Baggage is such as to:

i. require special assistance (save where the "Special Needs" provisions of our Carrier's Regulations apply); or

ii. May cause harm and/or discomfort to other passengers or crew; or

iii. Involve any hazard or risk to themselves or other persons or to property.

d) the passenger has committed misconduct on a previous Flight; or

e) the passenger has not observed, VivaAerobus instructions with respect to safety or security; or

f) the passenger has refused to submit to a security check; or

g) the applicable Fare or any charges or taxes payable have not been paid, or credit arrangements agreed between the airline and the passenger (or the person paying the Fare) have not been complied with; or

h) the passenger does not appear to be properly documented; or

i) any of the required documentation presented by the passenger:

i. has been acquired unlawfully or has been purchased from an entity other than VivaAerobus or its authorized agents; or

ii. has been reported as being lost or stolen; or

iii. is counterfeit; or

iv. Has been altered or mutilated (in which case VivaAerobus reserve the right to retain such documentation).

j) The person presenting for check-in or boarding cannot prove that they are the person named as the Passenger on the Ticket (in which case VivaAerobus reserve the right to retain such Ticket).

iii. Smoking:

Passengers are not permitted to smoke in any part of a VivaAerobus aircraft. Failure to obey this regulation will result in a criminal prosecution being brought against the passenger. VivaAerobus will claim any disruption and/or damage costs that arise as a result of the passenger smoking incident.

iv. Mobile Phones:

Mobile phones and Personal Electronic Devices equipped with wireless phone connections may be carried only in cabin baggage but must be switched off once the aircraft doors are closed for departure or when instructed so by the aircraft crew members. These items must not be used during flight.

v. Flight changes:

i. by passenger:

Flight time and date changes are changeable on VivaAerobus subject to availability, upon payment of the current change fee of MX$300.00 (Three Hundred Pesos) if made through VivaAerobus web page: www.VivaAerobus.com or MX$700.00 (Seven Hundred Pesos) if made through a VivaAerobus call center (subject to the opening dates and hours of the call center). In each case any difference upwards in cost between the original total price paid and the lowest total price available at the time of change shall be due and payable by each passenger to VivaAerobus. If the total air Fare is lower on the new flight, no refund will be made.

ii. By VivaAerobus:

VivaAerobus may change a flight in its own and absolute discretion; provided however that, in the event of a schedule change VivaAerobus will endeavor to contact all passengers via the e-mail address supplied at time of booking. Notwithstanding the above, VivaAerobus strongly recommends that passengers reconfirm their flight booking prior to departure by reviewing their booking online.

If a VivaAerobus flight time is altered significantly (more than 3 (three) hours before or after the original scheduled departure time) and no suitable alternative flight is available, VivaAerobus, will upon application, offer a travel credit or a refund for all monies paid in respect of the time changed flight, without further liability

vi. Flight cancellation or oversold:

If a VivaAerobus flight is cancelled or oversold due to causes exclusively attributable to it and no suitable alternative flight is available pursuant to the Applicable Law, VivaAerobus will, upon proper application, offer a refund of all monies paid in respect of the unused portions of a flight according to the Applicable Law, without further liability. VivaAerobus does not provide compensation to customers for flights which are delayed or cancelled for reasons beyond VivaAerobus control.  VivaAerobus strongly recommend passengers to ensure they have suitable private insurance cover in force to cover such eventualities. Private travel insurance is available on our website at www.VivaAerobus.com.

vii. Flight Connections:

VivaAerobus is strictly a point-to-point airline. Therefore we do not and cannot facilitate the transfer or connect passengers and/or their Baggage onto other flights, whether operated by VivaAerobus or other airline operators. Passengers should therefore not book onwards or connecting flights with VivaAerobus or any other air or ground carrier. VivaAerobus accepts no responsibility for making connections and therefore will not be liable for any losses or expenses arising out of any failure to achieve a planned connection.

viii. Airport Check-In:

i. Passengers:

Passengers should present themselves at the appropriate VivaAerobus check-in counter, which will normally open two hours prior to the scheduled time of departure. Check-in counter desks close promptly 45 (forty five) minutes before the scheduled time of departure. Passengers who present themselves to the check-in counter later than 45 (forty five) minutes prior to the scheduled time of departure will not be accepted for travel. VivaAerobus reserves the right to cancel the passenger's reservation and deny the passengers boarding if they do not comply with the check-in deadlines and departure formalities.

ii. Baggage

In accordance with the Applicable Law, VivaAerobus allows each passenger to travel with 25 (twenty five) kilos of checked baggage, free of charge, if such baggage does not exceed the combined dimensions of 158 cms (length plus width plus height). Passengers travelling with checked baggage in excess of such dimensions will pay a nominal fee of MX$150.00 (one hundred and fifty pesos) per bag, per one way flight. Passengers traveling that exceeds the 25 kilo limit, will be charged a MX$100.00 (one hundred pesos) per kg per bag fee, per one way flight. To any charges made at the airport, there will be an administrative fee of MX$60.00 if paid in cash or MX$80.00 if paid by credit card per person. Charges for documenting online or call center are different to those applied at the airport. For every additional bag a MX$150.00 (one hundred and fifty pesos) fee will apply for each bag of up to 15 kilos. For excess weight on first bag or any additional bag of up to 32 kilos and 158 cms total dimensions a MX$150.00 (one hundred and fifty pesos) fee will apply. Baby buggies, wheelchairs, invalid scooters and walking frames are carried free of charge. For health and safety reasons VivaAerobus will not accept any individual item exceeding 32 (thirty two) kilos and/or with the combined dimensions of more than 81 (eighty one) cm x-per 119 (one hundred and nineteen) cm x-per 119 (one hundred and nineteen) cm.

iii. Cabin baggage

VivaAerobus allows each passenger (including infants) to carry up to two pieces of hand luggage on board, free of charge. Hand luggage must not exceed a combined weight of 10 (ten) kilos and must be less than 55 (fifty five) cm by 40 (forty)  cm by 20 (twenty) cm in dimensions. Passengers travelling with hand baggage in excess of such weight and/or dimensions will have to be checked-in and a fee will apply.

Passengers who have booked their flight with a vivaLight fare will be awarded a MX$100.00 (one hundred peso) discount. For this discount to be valid, passengers must travel only with up to two pieces of hand luggage and not to exceed a combined weight of 10 (ten) kilos and must be less than 55 (fifty five) cm by 40 (forty) cm by 20 (twenty) cm in dimensions. If for any reason o circumstance the passenger arrives with checked bags or their hand luggage do not meet the specifications, having booked with the vivaLight discounted fare, the passenger will automatically lose the discount which should be returned at the airport plus any applicable charges.

 Passengers who have no interest in receiving the vivaLight discounted fare under the  terms and conditions mentioned above, must select the vivaRegular fare which entitles a passenger to travel with  hand luggage (two pieces not to exceed a combined weight of 10 (ten) kilos and must be less than 55 (fifty five) cm by 40 (forty)  cm by 20 (twenty) cm in dimensions) and checked baggage which may not exceed 25kgs and 158 cms. total dimensions, paying a regular VivaAerobus fare.

iv. Online Check-In:

All passengers who check-in for a specific flight through VivaAerobus web page: www.VivaAerobus.com must show valid official photo identification at the airport security check point and at the departure gate along with the online confirmation check-in boarding pass, before they will be permitted to board the aircraft. Any passenger who fails to present their online check in boarding pass at airport security and at the departure gates will have to have their boarding card re-issued and pay a re-issue fee of MX$250.00 (Two Hundred and fifty Pesos) for each boarding card which is re-issued. Only passengers with hand or cabin baggage may use the online web page facility to check-in. Online check-in passengers can carry one piece of hand luggage per passenger, weighing up to 10 (ten) kilos with maximum dimensions of 55 (fifty five) cm x-per 40 (forty) cm x-per 20 (twenty) cm. If it does not fit in the VivaAerobus seizer, it will not be allowed on board. Hand baggage must not contain Prohibited Items. Once a passenger has checked-in for a flight using the online check-in facility no further changes will be allowed (to the passenger name, flight date/times/routes).

The following passengers shall not be allowed use the VivaAerobus online check-in system:

a) Passengers travelling with checked baggage

b) Children aged between 14 (fourteen) and 17 (seventeen) years old travelling alone;

c) Passengers travelling with Minors;

d) Passengers travelling with mobility equipment (including children buggies);

e) Passengers with reduced mobility, blind/visually impaired passengers, including those travelling with a sighted companion;

f) Blind/visually impaired passengers travelling with guide dogs;

g)Passengers with Special Needs.

Notwithstanding the foregoing, VivaAerobus reserves the right to cancel a passenger’s and deny them boarding if they do not comply with the above conditions.

v. Standbys:

VivaAerobus does not operate a standby-by passenger for flight policy.

vi. Boarding:

VivaAerobus operates a free seating policy; therefore, seats cannot be pre-booked. However, we operate a priority boarding system which offers passengers the option to choose their own seat on board (subject to certain conditions). Passengers who pay the Priority Board fee will be boarded first, followed by families travelling with young children, elderly passengers and reduced mobility/vision impaired passengers and then  passengers who have checked-in online will be boarded next and can choose their own seats on-board. Passengers who check-in at the airport will be given a numbered boarding card, these passengers may board after the online checked-in passengers. The earlier passengers check-in for a flight, the earlier they will be allowed to board the aircraft.

Passengers should be at the boarding gate, at least, 30 (thirty) minutes prior to the departure scheduled time. Boarding closes 15 (fifteen) minutes prior to departure. Passengers arriving at the boarding gate after this time will not be accepted for travel. For travel on a later flight, passengers will be required to purchase a new ticket at the applicable Fare. All passengers must present a valid and official photo identification and boarding card at the boarding gate before they will be permitted to board the aircraft. For international flights all passengers must be in possession of a valid passport.

vii. Medical Syringes:

If for health reasons, passengers need to inject themselves during the flight (e.g. diabetics), they are permitted to carry syringes in the cabin. They will be asked to produce appropriate medical evidence (a letter from the doctor will suffice) when they check-in or at the security screening check-point. The passenger shall kept this letter and be ready to show it, at all times.

viii. Infectious Diseases:

a) Severe cases:

Passengers suffering from a severe infectious disease (e.g. Severe respiratory infections, tuberculosis or pneumonia) are not permitted to travel on VivaAerobus flights, without exception.

b) Minor cases:

Rubella passengers may be accepted for travel four days after the appearance of the rash.

Measles passengers may be accepted for travel seven days after the appearance of the rash.

Chicken Pox passengers may be accepted for travel seven days after the appearance of the last spot.

All passengers travelling with any of the above conditions are required to produce a medical certificate confirming they are fit to fly.

ix. Allergies:

All passengers are advised that VivaAerobus may sell products on board, like peanuts, which may seriously affect allergic passengers; therefore, VivaAerobus disclaims any responsibility to that effect.

x. Human Remains:

VivaAerobus does not accept human remains for carriage on any routes.

The carriage of ashes is permitted. Passengers must ensure that the ashes are reported either at the check-in counter or at the departure gate and are packaged in a secure suitable container. Ashes may only be carried as hand baggage (and will be accepted in addition to your one piece of cabin baggage). Please ensure that the urn/casket has a secure screw top/lid.

Passengers wishing to carry ashes are advised to call our call center, to that we can ensure all the relevant handling agents are advised.

xi. Stretches:

VivaAerobus does not accept stretches for carriage on any flights.

xii. Live Animals:

VivaAerobus does not transport animals (including pets, insects, reptiles or any other form of livestock) either in the cabin or as checked-in baggage. The only exception to this are sightseeing guide dogs for blind and/or visually impaired passengers. For safety reasons VivaAerobus can only carry two guide dogs on any one Domestic flight and 4 (four) on an International flight. Any passenger wishing to bring their guide dog on board, must book their special needs requirement through their local VivaAerobus call center (subject to opening hours), on the same day as the original booking. Not to do so, will result in VivaAerobus being unable to accept the vision impaired passenger and guide dog for the flight reserved. Online check-in facility is not available to passengers traveling with a guide dog.

xiii. Conduct on Board:

At VivaAerobus sole discretion, VivaAerobus may supply and serve, if appropriate, alcoholic beverages to adult passengers on board. Passengers are prohibited from consuming alcoholic beverages on VivaAerobus flights that have not been supplied by the cabin crew.

Passengers are reminded that in accordance with Aviation Law the Captain is in command of the aircraft at all times and, every person on board shall obey his or her lawful orders. All VivaAerobus Captains are given authority to deal with passengers who misbehave, or otherwise cause problems, by whatever legal means the Captain sees fit.  This may include physical restraint and, when possible, removal from the flight of such persons and, if a diversion has been necessitated, handing over those persons to security or police officials on the ground. VivaAerobus will hold those passengers liable for any damage whatsoever or their actions causes to VivaAerobus and/or any of its passengers, including without limitation costs like diversion of aircraft, legal expenses and any other expense incurred therein.

7. Travel Credits:

Travel credits must be redeemed and a Travel Credit Certificate obtained within 6 (six) months (186-one hundred and eighty six days) of the date of issue. Travel can take place up to 12-twelve months from the date the Travel Credit Certificate is issued. Travel Credits can be redeemed as part or full payment of a future VivaAerobus flight. Passengers holding Travel Credits must call their local call center to redeem them and make their further reservation. Travel Credits cannot be used for payment of ancillary services such as Taxes, TUA, baggage check-in, on board sales, third party sales (insurance, cars, hotels) and/or other similar charges.

8. Damages. Liabilities and Exclusions

i. Limitation of liability:

a) Baggage:

The passenger may be entitled to any indemnity for the destruction or damage to her/his hand baggage up to forty Minimum Wages, pursuant to the Applicable Law. For the checked-in baggage, the amount of the indemnity shall be up to seventy five Minimum Wages.

In accordance with the Applicable Law, VivaAerobus shall be responsible for the total value of the goods transported by any given passenger but only when the passenger expressly declares and proves the corresponding value, and pays an Additional Charge equivalent to the cost of the respective guaranty to be provided by VivaAerobus to cover the risk associated with the goods to be transported.

In respect of the hand carried baggage, VivaAerobus shall be responsible for any destruction, loss or damage from the moment the passenger boards the aircraft until he off-loads from it, if and only if, such destruction, loss or damage is caused for acts or omissions caused by its own fault or negligence.
In respect of checked-in baggage, VivaAerobus shall be liable for any destruction, loss or damage from the time it is checked-in at the VivaAerobus counter desks and the baggage claim ticket is issued by VivaAerobus until such baggage is picked-up by the passenger at the respective carrousel at the arrival airport and, to the extent that damage did not result from the inherent defect or quality of the Baggage (It is expressly provided that VivaAerobus shall have no liability whatsoever for cosmetic and/or superficial damage caused to baggage as a result of normal wear and tear during the course of carriage).

b) Passengers

Pursuant to the Aviation Law, in case of injury to any passenger, such passenger may be entitled to an indemnification equivalent to three times the amounts provided in the Mexican Federal Civil Code.

c) VivaAerobus shall be excluded from any liability or responsibility, in the following cases:

-To passengers, for their own fault or negligence, and

- To checked-in baggage and cargo,

For the baggage own defects, vices or inappropriate packing;

When the baggage or cargo, by its own nature, suffers any detriment or damage, when it was delivered on time;

When the transported goods are damaged for being transported by the passenger in inappropriate containers or baggage;

When the passenger declarations are false or untrue in terms of value, quality and quantity of the transported goods.

d) Specific limitations for International Transportation on VivaAerobus flights

When travelling on international flights on VivaAerobus, the limitations  are governed by the liability rules applied by the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 Special Drawing Rights (approximately USD 160,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately USD 1,600). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

ii. Claim procedure:

If a passenger's baggage is damaged, delayed, lost or destroyed by VivaAerobus, the passenger must file a complaint in writing with VivaAerobus as soon as possible, at any available desk in the airport of arrival but never after 15 (fifteen) natural days from the arrival. Failure to do so will result in the loss of any right associated with that reason.

Passenger complaints and/or claims shall only be accepted by VivaAerobus in writing by Fax or Email, in either English or Spanish Language.

9. Prohibited, Dangerous and Restricted Articles on Board

Passengers are not permitted to carry any Prohibited Item into the security check-point restricted area or and the cabin of an aircraft.

10. Data Protection:

All information, data, literature, images, promotions, personal identification numbers or passwords, user names and any other information shown in VivaAerobus web page: www.VivaAerobus.com shall remain the exclusive property of Aeroenlaces Nacionales, S.A. de C.V. and any and all contents within such web page is registered and protected under copyrights laws. All rights reserved.

VivaAerobus is hereby authorized by the customers and passengers to use their personal information in order to process flight reservations and bookings and to keep it for commercial purposes only, such as further notices of advertisements or promotions of VivaAerobus products and services, unless the customer and/or passenger expressly advises VivaAerobus representatives otherwise.

11. Disclaimer:

VivaAerobus expressly reserves the right to change, amend, and modify these Terms and Conditions and/or the contents of its web page, documentation and forms, without prior notice.

These Terms and Conditions and/or the contents of VivaAerobus web page may contain errors and/or inaccuracies.

There are no warranties of VivaAerobus other than those expressly set out in these Terms and Conditions. VivaAerobus disclaims all express or implied warranties not set out herein and disclaims representations of any kind or nature whatsoever, including fitness for use. No oral or written information or advice provided by VivaAerobus agents or employees shall create a warranty of any kind regarding these Terms and Conditions, the web page, products and services sold by VivaAerobus, and no one may rely upon any such information or advice. VivaAerobus shall not be liable for any direct, indirect, consequential, or incidental damages (including but not limited to, damages for loss of business profits, business interruption, and lost of business opportunity) arising from the use of (or inability to use) these Terms and Conditions, the web page, products and services provided by VivaAerobus, pursuant hereto.

12. Applicable Law.

These Terms and Conditions and any service or product rendered by VivaAerobus within the Mexican Republic, shall be subject to the laws of the Mexican Republic, regardless of any principle of conflict of laws.

Any service or product rendered by VivaAerobus outside the Mexican Republic, shall be subject to the Mexican Republic and where applicable, to all the International Conventions and Treaties, to which the Mexican Republic is a signatory party.

13. Disputes

Any dispute or controversy related to these Terms and Conditions and/or the products or services rendered by VivaAerobus, shall be submitted to the Courts of Monterrey, Nuevo León, México. The customers and passengers hereto irrevocably waive any right to other jurisdiction.