AIR TRANSPORTATION CONTRACT – PASSENGERS

Passengers travelling on MAYAIR, hereinafter called "The Airline", are subject to the following terms and conditions:

ARTICLE 1 – DEFINITIONS

Whenever used in this Contract document, the following terms have the meanings indicated below:

ARTICLE 2 – SCOPE

The terms and conditions contained in this contract establish that "The Airline" is obliged to transport "The Passenger" and his/her baggage for a fee, and if necessary, other additional charges, from a point of origin to a point of destination, as well as other services related to such air carriage, exclusively in the routes established by "The Airline".

The electronic ticket issued by "The Airline" is proof of the existence of this contract. In addition to the provisions stated in this contract, the service of air transport is governed by the Civil Aviation Act and its regulations on flights within the country.

If the journey of "The Passenger" includes an intermediate or final destination in a place outside the country where the flight originated, the Warsaw Convention may be invoked, which in most cases limits the scope of the carrier's liability for injury or death of "The Passenger" as well as the loss or damage of his/her baggage.

ARTICLE 3 – PASSENGERS AND BAGGAGE CHECK

For reasons of safety or health all passengers and their baggage are subject to inspection, whether in physical or electronic form. "The Passenger" should allow airport authorities, or staff hired by the "The Airline", to perform the procedures they deem necessary.

ARTICLE 4 – DENIED BOARDING

For security reasons "The Airline" may refuse to provide transportation to any person and/or his/her baggage, at any embarkation or connection point without "The Passenger" being entitled to a refund of the fare paid, according to the following criteria:

• By Governmental order or according to applicable laws:

  If a passenger does not comply with the laws, regulations or existing Governmental provisions or if any authority prohibits his/her documentation or boarding of the aircraft.

• Passengers and their belongings’ security check:

  Any passenger who refuses to be checked in his/her person or belongings for explosives, hazardous materials, smuggling, weapons or dangerous articles.

• Identification:

  Any passenger who refuses to identify himself/herself.

• Special medical requirements:

  "The Airline" may deny transportation to people requiring special services or medical equipment that could not be authorized or could not be accommodated in the aircraft, such as: medical oxygen cylinders for use onboard, incubators, medical equipment or people who must travel on a stretcher.

• Disabled people:

  "The Airline" may accept transportation of disabled passengers on scheduled flights if authorized by the Airport Manager or Supervisor on Duty and subject to the following conditions:

  1. 1.- That such transportation does not jeopardize their safety, that of other passengers, the aircraft or its crew.
  2. 2.- They must travel with a companion if their physical or mental conditions prevent them from fending for themselves during the flight.
  3. 3.- People who cannot travel with their seat in the upright position during takeoffs and landings, as indicated by the Federal Aviation Safety Regulations, may be accepted as passengers on a stretcher and should comply with all the appropriate requirements for their transport.
  4. 4.- Seats located at emergency exits will not be assigned to these passengers, as a rapid evacuation of the area will be required in case of contingency.
• Safety and Comfort:

  "The Airline" may remove from the aircraft or refuse to transport at any point, passengers within the following categories and which represent a danger to the safety or comfort of other passengers:

  1. 1.- People who show an aggressive, offensive, threatening, undisciplined, intimidating or violent conduct.
  2. 2.- People whose attire is lewd, lustful, obscene or partially offensive.
  3. 3.- Unshod people, unless unable to wear shoes due to disability or disease.
  4. 4.- People who are bulky, tall or that their physical condition prevents them from sitting down or using the seat’s safety belt and do not have a device that allows to fix them to the aircraft’s seat. A special service, that needs to be coordinated with the ground staff, can be provided to these passengers.
  5. 5.- People in such condition of cleanliness and personal hygiene that cause or may cause damage, annoyance or discomfort to other passengers.
  6. 6.- People under the influence of alcohol or illegal drugs.
  7. 7.- People with contagious skin diseases which may constitute a source of infection for others or that their appearance is repulsive.
  8. 8.- Visibly ill people failing to present a medical certificate that endorses that their physical condition is satisfactory for air travel.
  9. 9.- People who do not meet any immigration, health or customs requirement stipulated by the authorities of the country of origin or destination of the flight.

ARTICLE 5 – TICKETS - GENERAL

"The Airline" will not use printed tickets, which means that there will be no tickets issued on paper as a means to validate the right to transportation. "The Passenger" will obtain from "The Airline" an electronic ticket which shall contain the general information of the booked flight including: the passenger's name, reservation code, route, schedule and fare. The terms and conditions of the contractual relationship between "The Passenger" and "The Airline" may be consulted on the website www.mayair.com.mx

No person may be transported unless his/her reservation has been paid in full prior to boarding. Payment information must be electronically registered in the reservation system of "The Airline".

"The Passenger" is obliged to cover a fee of 50% of the total amount of the ticket as a result of a change of time or date on the original reservation.

For fiscal purposes the electronic ticket is a tax receipt. Once a reservation is paid in full it will be valid for the specific time and date that it was made for. "The Passenger" is obliged to cover a fee of $350 pesos (MXN) plus taxes as a result of a change of date or time to the original reservation, except in flights in the route Cancun-Cozumel (CUN-CZM-CUN) in which "The Passenger" should cover a fee corresponding to 50% of the original cost of the ticket plus applicable taxes.
"The Passenger" should cover a fee corresponding to 50% of the original cost of the ticket, plus applicable taxes, in case of a missed flight, should "The Passenger" wishes to reschedule it for a later time or date.

"The Airline" does not allow the change of name on reservations.

"The Airline" allows a person to pay for a reservation made on another passenger's name. Once the payment is done, the person whose name appears on the reservation must show up at airport 45 minutes prior to his/her flight departure time, and identify himself/herself presenting a valid official photo identification.

For his/her own comfort and that of the rest of the passengers, a person must buy more than one electronic ticket in the following cases:

• When "The Passenger" can not be accommodated in a single seat.
• When "The Passenger" due to disabilities can not use only one seat.
• When needed to transport a large musical instrument or medical equipment required by "The Passenger".

ARTICLE 6 – RESERVATIONS

"The Airline" requires that all reservations are paid in full before departure of your flight. Reservations can be made at:

• Internet website www.mayair.com.mx
• Reservations Centers in
• Cancun: 01-800 962-9247 or (998) 881-9400
• Cozumel: (987) 872-3609
• The counters at
• Cancun International Airport (CUN), Terminal I, FBO
• Cozumel International Airport (CZM), Main Terminal
• Merida Rejon International Airport (MID)
• Veracruz Las Bajadas Airport (VER)
• Villahermosa Capitan Carlos Perez Airport (VSA)

Once a reservation has been made and paid in full "The passenger" will receive a confirmation code via email.

ARTICLE 7 – BOARDING PASSES

To board the aircraft an electronic ticket is needed as it will serve as a boarding pass. The electronic ticket is issued by "The Airline" once a reservation is made and paid in full.

"The Passenger" must show up at the documentation counters at least 45 minutes before the departure of the flight. "The Airline" will not refund the cost of the ticket nor will be liable for any travel expenses of any passenger failing to comply with this requirement.

ARTICLE 8 – GROUPS

It is considered as a group ten or more reservations made by any person, company or any other entity, for passengers traveling on the same itinerary, boarding at the same point of origin and with the same point of destination.

"The Airline" does not offer group fares. Regular fares will apply to all bookings. "The Airline" reserves the right to limit the amount of seats offered on any flight for group reservations.

ARTICLE 9 – GROUND TRANSPORTATION

"The Airline" assumes no responsibility for transportation costs of passengers and their baggage between any airport and some other point as a result of certain incidents in the interruption of their itinerary. These expenses shall be covered by "The Passenger".

ARTICLE 10 – FARES - GENERAL

Air transportation is subject to specific fares and charges according to the date on which the reservation was paid.

An increment on fares will not apply to bookings already paid, unless "The Passenger" makes changes to modify the original reservation, in which case he/she must pay the difference between the fare paid and the new fare. "The Airline" reservations staff has an obligation to inform "The Passenger" about the increment and about how much such a change would cost before making any alterations to the original itinerary.

Fares are published in "The Airline" internet reservation system (www.mayair.com.mx) and can also be obtained through the Telephone Reservations Center.

All published fares and charges are presented in Mexican Pesos or its equivalent in US Dollars according to the current exchange rate. Stopovers are not allowed in any published fares (see Article 12).

ARTICLE 11 – TRANSPORTATION OF INFANTS AND UNACCOMPANIED MINORS

INFANTS A child from 0 to 11 months of age is considered as an infant. Infants may travel for free provided they are accompanied by an adult paying full fare. Infants will have no baggage allowance or right to take a seat, unless they pay the corresponding fee. Each adult passenger may only carry an infant without additional charges.

MINORS A child from 12 months to 17 years of age is considered a minor. Minors must pay full fare and will be entitled to a seat and baggage allowance. Unaccompanied minors are not allowed on flights operated by "The Airline".

ARTICLE 12 – STOPOVERS

All fares published by "The Airline" are valid only for journeys from one point of origin to a point of destination and do not allow stopovers.

Should a stopover is required "The Passenger" must pay the sum of the appropriate published fare for flights between the point of origin and the point of stopover plus the appropriate published fare between the point of stopover and the point of final destination.

ARTICLE 13 – BAGGAGE ACCEPTANCE

Inspection - All baggage to be transported by "The Airline" will be subject to inspection by the security personnel or Governmental Authorities.

Acceptance - "The Airline" will accept one piece of baggage per person and the necessary articles and personal effects for the use and comfort of "The Passenger" during his/her trip, subject to the following:

• "The Airline" will not transport any baggage in a flight different than the one the passenger is booked on.
• "The Airline" will deny transportation of baggage if it exceeds the allowed weight or volume, in such a case "The Passenger" will be responsible for making appropriate arrangements and payments to the Cargo department.
• "The Airline" will not accept as baggage any object which its content endangers the aircraft, the crew or the passengers. Nor will accept articles that can be damaged during the journey or damage other passengers’ baggage or that its carriage is prohibited by law or aviation regulations.
• "The Airline" will not be responsible for damage or loss of items of value, such as money, jewelry, photographic equipment, objects of art, medicine, valuable documents, negotiable instruments, shares or perishable articles or of easy decomposition, articles that have been poorly packed or packaged in inappropriate baggage.
• Certain articles will be transported under the exclusive risk of "The Passenger" and "The Airline" will not accept any responsibility for damage or loss of such items.
• Any claim relating to damages or loss of baggage or its contents should be conducted by the "The Passenger" before leaving the airport.
• "The Airline" will deny transportation of firearms, ammunition or explosive materials unless "The Passenger" has a special permit issued by the Ministry of Defense or any competent authority.

ARTICLE 14 – CARRY-ON BAGGAGE

"The Airline" will determine based on weight, measurements or content, whether carry-on baggage can be transported in the passengers’ cabin or not. The size of a carry-on baggage must not be larger than a laptop briefcase and its weight shall not exceed 5 kilos (11 pounds). All carry-on baggage must be stowed under the seat (especially if the baggage is made of hard material) or in the overhead luggage bin.

All carry-on baggage is the exclusive responsibility of "The Passenger". "The Airline" will not be liable for damaged, lost, forgotten or stolen carry-on baggage.

"The Airline" may authorize in some cases that disabled passengers carry, in addition to their luggage, some necessary items such as medical or assistive devices.

"The Airline" will refuse to carry instruments or articles as carry-on baggage if they put the passengers, the aircraft or its crew at risk.

ARTICLE 15 – ANIMAL TRANSPORT

"The Airline" will not transport live animals in the passengers’ cabin, except dogs that may accompany a disabled person. In these cases "The Passenger" must ensure compliance with regulations concerning the certificates of health and vaccination of these animals. "The Airline" may determine at its discretion if animals, along with their cage, are exempt from payment or if "The Passenger" must pay excess baggage fee.

ARTICLE 16 – DOCUMENTED BAGGAGE

"The Airline" will accept baggage to be documented 30 minutes prior to the departure of the flight. Documented luggage for later dates will not be accepted.

ARTICLE 17 – BAGGAGE ALLOWANCE AND EXCESS CHARGES

Each passenger with a paid electronic ticket will be entitled to transportation, without additional charge, of his/her baggage according to the following criteria:

• Free baggage allowance per passenger is a piece of up to 44 pounds. "The Passenger" must pay $3 USD + tax per each additional kilo in excess.
• For the acceptance of musical instruments, fragile items, electronics, computers, scuba diving equipment or any other equipment which exceeds the allowed weight, "The Passenger" must pay the excess fee per additional kilo mentioned above.
• Children transported as infants without a charge are not entitled to free baggage allowance.
• Some articles may be considered as a substitute for a piece of luggage, or until completion of the established weight limit, can be documented as baggage without additional charge, including but not limited to:
1. 1.- A sleeping bag.
2. 2.- A hiking, marine or military-style backpack.
3. 3.- A golf bag containing clubs, balls and one pair of golf shoes.
4. 4.- A pair of water skis.
5. 5.- A fishing kit (fishing rod and fishing box) properly packed.
6. 6.- Any appliance or assistive device of a disabled passenger.
7. 7.- Any other equipment not mentioned in this list should be considered as extra and may not be included in the free baggage allowance.
8. The above list may be amended at any time and without prior notice.

ARTICLE 18 – BAGGAGE - LIMITATION OF LIABILITY

"The Airline" liability is limited to loss or damage of baggage in domestic routes as provided by the regulations governing air transport in Mexico, the Civil Aviation Act, and/or the General Communication Routes Act.

ARTICLE 19 – SMOKING

According to federal law smoking is prohibited in all flights operated by "The Airline".

ARTICLE 20 – DELAYS AND CANCELLATIONS

"The Airline" is not obliged to pay any compensation or to make any refund to "The Passenger" when the causes of delay, diversion, substitution or cancellation of a flight is due to causes not attributable to "The Airline" such as adverse weather conditions, acts of God, unforeseen circumstances, natural disasters, acts arising from a competent authority, strikes, air traffic control or any other reason of security, force majeure, or any other situation that "The Airline" cannot prevent or control.

"The Airline" will accept baggage to be documented 30 minutes prior to the departure of the flight. Documented luggage for later dates will not be accepted.

"The Airline" will make an effort to notify all affected passengers of the changes in the itinerary and services not offered and will commit to do the utmost to transport them and their baggage with reasonable diligence.

The hours indicated in itineraries or elsewhere are not guaranteed nor form part of the contract. If necessary and without notice, "The Airline" can be replaced by other carriers, use other aircrafts and modify or eliminate stopovers indicated in the electronic ticket. Schedules are subject to change without notice.

"The Airline" does not assume responsibility for connecting flights booked by the "The Passenger".

ARTICLE 21 – REFUNDS

All fares published by "The Airline" are non-refundable, except in the cases specifically mentioned in this article.

The fare paid for non-refundable electronic tickets can be used for transportation at a future date or can be used for the purchase of a new ticket, provided the journey is carried out in its entirety within one year from the date the original electronic ticket was issued. However, the rate of the new electronic ticket may be higher and/or have different terms, conditions or restrictions.

"The Airline" may reimburse the cost of the electronic ticket in the following cases:

• Cancellations – If the route of "The Passenger" is cancelled in its entirety or ends before it reaches its final destination due to reasons attributable to "The Airline", a reimburse of the unused portion or portions of the electronic ticket can be made or offered to be used for transportation at a future date.
• Denied boarding denied – if the boarding is denied to "The Passenger" due to reasons attributable to "The Airline", a reimburse of the unused portion or portions of the electronic ticket can be made or offered to be used for transportation at a future date.
• "The Airline" may refund the charges according to the original method of payment and in the currency originally used or in Mexican Pesos.

ARTICLE 22 – COMPLIANCE WITH THE LAW AND GOVERNMENTAL REGULATIONS

"The Airline" is committed to the integrity, security and quality of customer care provided to its passengers, thus the transportation service complies with all provisions dictated in Mexico by the Communications and Transport Secretariat and the General Directorate of Civil Aviation; and in the United States by the Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration; as well as with any related authority not mentioned in this contract, therefore, its compliance is compulsory for "The Airline" and "The Passenger".

ARTICLE 23 – CHANGES IN THE CONTRACT

"The Airline"" reserves the right, within the limits permitted by law, to change, delete or add without prior notice any of the terms of this agreement.