Airline Family Assistance Plan August 22, 2014
FOREWORD TAM-Linhas Aereas S.A. d/b/a TAM ( Airline ) has prepared the following Family Assistance Plan ( Plan ) for providing humanitarian response pursuant to the requirements of the Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21 st Century (April 5, 2000) and the Vision 100 Century of Aviation Reauthorization Act ( Act ), and such Plan meets or exceeds all provision of said Act.
COMMUNICATING WITH FAMILIES The Airline will establish a reliable toll-free telephone number dedicated to accident-related calls. The Airline will promptly publicize this number through local, national and international media after receiving confirmation that an aircraft operated by the Airline has been involved in an accident and that there are serious injuries and/or fatalities. The Airline will provide sufficient staff to accept telephone calls on such number from families of passengers involved in an aircraft accident resulting in a major loss of life.
NOTIFICATION OF FAMILIES Immediately after receiving notice of an accident, the Airline will compile a preliminary passenger list to determine which passengers were actually boarded on the flight.. The list and each updated will be distributed internally to the appropriate departments, as well as to the NTSB Director of Family Support Services and to the organization designated for the accident under 49 U.S.C. Section 1136(a)(2) (currently the American Red Cross), for notification of passenger families. Such lists will be based on the Airline s best available information at the time of the request and will contain passenger names, whether or not such names have been verified. As soon as Airline has verified that a passenger was aboard the flight, Airline will initiate the process of identifying the passenger s next-of-kin and notifying the family, regardless of whether verification of all passengers aboard the flight is complete. Either suitably trained individuals at the Airline or the organization designated for the accident under 49 U.S.C. Section 1136(a)(2) (currently the American Red Cross) will provide in-person notification to the families to the extent practicable. Airline will also give the U.S. Department of State the names of all foreign nationals who appear on the verified passenger list. Airline will not publicly release the names of any passengers or crew members until the next-of-kin have first been notified, unless otherwise directed by the NTSB.
FAMILY TRAVEL TO ACCIDENT SITE The Airline will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family, while the family is staying at such location. Airline will also maintain regular contact with families who elect not to travel to the accident site.
SUFFICIENT RESOURCES Airline will commit sufficient resources to carry out this plan. Our commitment demands that Airline work cooperatively with any organization designated pursuant to 49 U.S.C. Section 1136(a)(2) (currently the American Red Cross) to ensure that families receive an appropriate level of services and assistance following any such disaster, and the continued safe operation of Airline.
WORKING WITH, AND COMPENSATION OF, DESIGNATED ORGANIZATIONS Airline will work with any organization designated under 49 U.S.C. Section 1136(a)(2) (currently the American Red Cross) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident. In addition, Airline will provide reasonable compensation to any organization designated under 49 U.S.C. Section 1136 (a)(2) (currently the American Red Cross) for services and assistance provided by that organization.
UNIFORM PROVISION OF FAMILY ASSISTANCE: EQUAL TREATMENT The Airline will provide family assistance on an equal basis, without regard to an individual s status as a revenue customer, non-revenue passenger or crew member.
REMAINS, PERSONAL EFFECTS AND POSSESSIONS Airline will consult with and honor the family s reasonable wishes for remains in the control of Airline that are identified as those of the passenger. Airline, or its designated representative or subcontractor, will follow the direction of the family as to the return or other disposition of such items, regardless of their condition, unless they are needed for the accident investigation or a criminal investigation. After returning all possessions that can be associated with specific passengers, Airline, or its designated representatives or subcontractors, will retain any unclaimed possessions that have been released to Airline s control for not less than 18 months after the date of the accident.
MONUMENTS Airline will consult with the family of each passenger about construction by Airline of any monument to the passengers built in the United States, including any inscription on the monument.
TRAINING OF EMPLOYEES AND AGENTS Airline has provided training and administers additional recurrent training of its employees and agents to meet the needs of the survivors and family members following the accident.
CONSULTATION ON CARRIER RESPONSE NOT COVERED BY PLAN In the event that Airline offers volunteer assistance to United States citizens within the United States regarding an aircraft accident involving a major loss of life and which occurs outside the United States, Airline will communicate and consult with the NTSB and the U.S. Department of State on the terms and provision of Airline s offered assistance.
DAMAGE TO MAN MADE STRUCTURES ON THE GROUND In the event of an accident that results in significant damage to a man-made structure or other property on the ground that is not government-owned, Airline will promptly, to the extent practicable, provide written notice to the owner of the structure or property about the means for obtaining compensation and, at a minimum, advising the owner (a) to contact the insurer of the structure or property as the authoritative source for information about insurance coverage and compensation, (b) not to rely on unofficial information, if any, offered by Airline s representatives about compensation by Airline for accident-site property damage and (c) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with any restrictions on access to the accident site.
ELECTRONIC TRANSMISSION OF NTSB HEARING In the event that the National Transportation Safety Board conducts a public hearing or comparable proceeding regarding an accident and the hearing or comparable proceeding is held at a location greater than eighty (80) miles from the accident site, Airline will ensure that the hearing or proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and the destination city of the flight, if that city is located in the United States.