General Conditions Of Carriage By Air 

Passenger and Baggage

ARTICLE 1. TERMS AND DEFINITIONS

The terms and definitions used in these general conditions of carriage (hereinafter also "G.C.C." or "General Conditions" or "General Conditions of Carriage") have the following meanings:

Administrative Costs

Means the costs applied, where provided by the Carrier and/or its Authorised Agent, of the issuance (Ticketing Fees) of the modification (reissue costs) or reimbursement. The Carrier or its Authorised Agent shall notify the Passenger of the amounts of the Administrative Costs.

Aeroitalia

Airline with registered office in Rome, Via Cesare Pavese 8, 00144 Rome VAT number 16340701008 and registration number in the Register of Companies of Rome 16340701008, indicates the contracting party of the following General Conditions of Contract.

Air Transport

The air carriage referred to in the Contract of Carriage.

Applicable Legislation

Applicable legislation means all the rules applicable to Air Carriage from time to time. These rules do not constitute an integral part of the Contract of Carriage and are subject to changes over time by the legislative and regulatory body competent.

Authorized Agent

Means a natural or legal person authorized by the Carrier to represent it in the sale of Air Tickets.

Baggage

Means all personal effects and other goods accompanying the Passenger during the journey. Unless otherwise indicated, this expression means both Checked Baggage and Unchecked Baggage, as defined below. [The Pet accompanying the passenger is also considered baggage, subject to the provisions of Article 8.3 of these General Conditions.]

Baggage Allowance

Means the maximum quantity of Baggage, established by the Carrier based on numerical and/or weight and/or size criteria, that each Passenger may carry with him/her.

Baggage Receipt

Means the part of the Identification Receipt issued to the Passenger and proving the carriage of Checked Baggage.

Baggage Tag

Indicates the part of the Identification Receipt affixed to the Checked Baggage.

Boarding Pass

Means the document that is issued upon acceptance on the flight, printed by the Passenger online before each flight, or issued in another format directly by Aeroitalia or by one of its representatives at the airport of departureEtichetta Bagaglio..

Carrier

It is the legal entity that carries out the air carriage, which can be contracting carrier or De facto / Operating Carrier. The first indicates the carrier with which the Passenger has concluded the Contract of Carriage and whose identification code is shown on the Receipt of the itinerary or Ticket, the second indicates the carrier that actually performs the flight, by virtue of an agreement with the Contracting Carrier. ICAO

Carrier Identification Code

Indicates the identification code assigned by IATA to each member carrier. The code consists of two or more alphabetic, numeric, or alphanumeric characters and is shown on the travel receipt and ticket next to the flight number.Noleggio/Charter

Checked Baggage (Baggage in the hold)

Indicates the Baggage accepted in custody by the Carrier and for which it has issued an Identification Receipt.

Check-in Time Limit

Means the time limit, set by the Carrier, within which the Passenger must have obtained the Boarding Pass and completed all baggage check-in operations..

Contract of Transport

It is the contract of carriage concerning air carriage to be carried out by Aeroitalia in favour of the Passenger in relation to a given Itinerary under the terms and conditions set out in the Itinerary Receipt and in the Ticket, identified as such and including these General Conditions of Carriage as well as the warnings to passengers.
The contract of carriage is concluded with the purchase of the Ticket and the General Conditions of Carriage published on the Aeroitalia website at the time of purchase apply to this contract.

Damages

It includes death, bodily injury, loss due to delays, loss or other damage of any kind arising out of or in connection with carriage on flights or other services rendered by the Carrier.

Domestic Flight

Means any flight in which the place of departure and the place of destination are located within the same State in territorial continuity.

Fare

Means the fare of an Air Carriage booked by a Passenger, in an eligible class, for a particular Itinerary, flights and dates, net of Administrative Fees and Taxes.

Hold

It is the part of the aircraft used to accommodate checked baggage, cargo and mail.

IATA

International Air Traffic Association, worldwide Organization of Airlines.

ICAO

International Civil Aviation Organization, a specialized institute of the UN, which deals with issues related to the regulation of civil aviation.

International Flight

Means any flight where the place of departure and the place of destination are located in the territory of at least two States.

Itinerary

This means all the Routes included in the Passenger's Travel Receipt.

Itinerary Receipt

Means one or more documents issued by the Carrier or its authorized agent to the Passenger and containing the Passenger's name, flight information and warnings to Passengers.

Leg

It indicates each individual domestic or international flight segment.

Passenger

Means any natural person, not part of the crew, in possession of a travel receipt normally confirmed against payment of a fee.

Passenger with Reduced Mobility

Means any passenger whose mobility is reduced during the use of a means of transport due to a permanent or temporary disability hindering locomotion, whose situation requires special attention and adaptation to his needs of the services offered to all Passengers.

Pets

Means a pet that travels, in the cabin or in the hold, together with a Passenger.

Rental/Charter

Means the operation by which any other party who has concluded a contract with the Passenger (for example a tour operator), entrusts the Carrier with the task of performing the Air Carriage.

Reservation

Means a request for Carriage by Air submitted by a Passenger and registered by the Carrier or its Authorised Agent.

SDR

Means the Special Drawing Right as defined by the International Monetary Fund.

Stop

An interruption of the journey at an intermediate point, indicated on the Ticket or on the Aeroitalia timetables as a scheduled stopping point along the planned itinerary or carried out for operational and / or safety reasons.

Ticket

It is the transport document issued by Aeroitalia or its authorized Agent, either in electronic form or as a receipt, which documents the Contract of Carriage and legitimizes the use of Air Transport.

Timetables

Means the table of departure and arrival times of the aircraft, reported in the official schedules published by the Carrier on its website and in the sales systems.

Unchecked Baggage (Cabin Baggage)

Means any baggage other than Checked Baggage that is not, therefore, entrusted in custody to Aeroitalia and is transported in the cabin.

Website

Refers to www.aeroitalia.com

ARTICLE 2. APPLICABILITY AND JURISDICTION

2.1 General

These General Conditions of Carriage apply exclusively to the Air Carriage services covered by the Contract of Carriage or in any case to air transport operated by Aeroitalia, identified by the Carrier code on the Ticket and boarding pass. All Air Carriage is subject to the General Conditions of Carriage and the tariff rules of the Carrier in force on the date of the Reservation made by the Passenger. These General Conditions of Carriage can be consulted on the Aeroitalia website.
 

2.2 Rental Agreement/Charter

If Air Carriage is carried out (also) on the basis of a charter contract, these Conditions of Carriage also apply to that contract, regardless of whether the Conditions of Carriage are specifically mentioned in the rental agreement, as long as this is provided for in the Ticket.
 

2.3 Prevalence of the Law

These General Conditions of Carriage are applicable provided that they are not contrary to the law in force and to the rules of public order, in which case the latter will prevail. Any nullity of one or more clauses of these General Conditions of Carriage will not affect the validity of the remaining clauses, unless the Contract of Carriage cannot be applied without the clause declared null or ineffective, as it is decisive and essential for the existence of the Contract.

 

ARTICLE 3. BOOKING CONDITIONS AND DOCUMENTATION

 

3.1 General provisions

Aeroitalia will only provide for the carriage of the Passenger(s) indicated in the relevant Itinerary Receipt. For this purpose, Aeroitalia will require the Passenger(s) to prove their identity and, in any case, to comply with the rules relating to the documents indicated in art. 12, as well as any other applicable provision relevant for the purposes of Air Carriage. Unless proven otherwise, with regard to the stipulation and content, the Itinerary Receipt certifies the existence of a Contract of Carriage between the Carrier and the Passenger whose name appears on the Receipt. Only the Passenger or Passengers indicated in the Receipt and in the Ticket are entitled to the Transport service, the travel tickets are not transferable. Flight bookings made at the Aeroitalia Call Center are subject to a booking fee for the Call Center service, to be paid per Passenger in accordance with the provisions of art. 4; this fee is non-refundable. Reservations will be considered confirmed only after their registration in the Carrier's computer reservation system; if the Passenger does not pay for the Ticket before the expected and communicated ticket time limit, the reservation will be cancelled and the seat will be assigned to another Passenger without any liability on the Carrier. Some itineraries sold at a special rate are partially or totally non-modifiable and/or refundable. It is up to the Passenger, at the time of booking, to verify the conditions of use and possibly stipulate the appropriate insurance policies, should he/she be forced to cancel the trip.

 

3.2 Period of validity

Unless otherwise provided in the General Conditions of Carriage, or except in the case of farea affecting the period of validity, the Ticket is valid for one year from the date of issue or one year from the date of commencement of travel, if travel begins within one year from the date of issue.   The Carrier may order the extension of the validity period if the Passenger, for reasons of force majeure or the responsibility of the Carrier, is unable to complete the journey within the validity . The extension of the validity may not exceed three months.

 

3.3 Personal data

To make a Reservation, obtain complementary services, facilitate immigration and entry formalities in the territory of a State, the Passenger is required to communicate some personal data to the Carrier, or to its Authorized Agent.The aforementioned personal data, communicated to the Carrier for the purposes related to the stipulation and fulfillment of the Contract of Carriage, may be processed with IT tools. These data are collected and processed in compliance with EU Reg. 2016/679 (hereinafter "GDPR") and Legislative Decree of 30 June 2003 n.196 and subsequent amendments.
In the event that the passenger does not authorize or revokes his consent to the processing of such data, Aeroitalia may not be able to provide, in whole or in part, the services requested by the passenger.
In the event that changes to flights and/or cancellations of the same are necessary, or if other communications become necessary, Aeroitalia will inform the Passenger by sending a communication to the e-mail address or a text message on a mobile phone, provided at the time of booking.
 

3.4 Seat Assignment

At the time of booking, the Passenger may request the assignment of a certain seat on board through the payment of a fee. In case of non-choice of seat, Aeroitalia will automatically assign a seat free of charge at check-in, subject to availability.
Aeroitalia is authorized to assign or reassign seats at any time, even after boarding the aircraft. This may be necessary for operational or security reasons. If the Passenger has paid for a seat reservation and the flight is cancelled or the seat is reassigned to another category for operational or security reasons, he/she is entitled to a refund of the cost of the booked category. No refund is made if the Passenger does not make the flight voluntarily or if when booking he/she has provided incorrect data on the eligibility to occupy a seat near the emergency exit. 

ARTICLE 4. FARES, TAX AND SURCHARGES

 

4.1 Fares

Unless otherwise indicated, the Rates applied to the itinerary include only Air Transport from the airport of the place of departure to the airport of the destination. Prices do not include the ground transport service between airports and city terminals, as well as any other service not expressly mentioned in the Itinerary Receipt and/ or in the Ticket. The price of the flight may include surcharges applied by the Carrier. Each Fare will be calculated in accordance with the Rates in force on the date of the Booking for journeys to be made on the dates and for the itineraries indicated on the Itinerary Receipt. Any change in date or Itinerary may result in a change to the applicable Fare. The applicable fares are those calculated on the basis of the rules in force on the date of purchase, as published by the Carrier, in a given class of carriage. At the same time as booking, the Passenger is informed of the total price of the itinerary which includes Fare, Taxes and Issuance Costs.
 

4.2 Airport taxes and fees

At the time of booking, the Passenger shall bear the airport taxes and charges required by a government, any other authority or the operator of an airport. The Passenger will be informed of the amount of Taxes at the time of booking, which are added to the Fare. Government taxes are subject to continuous change and may be applied retroactively with respect to the date of booking. If a government tax is introduced or increased after the Passenger has completed the Booking, the Passenger shall be required to pay the Carrier such new fee or increase thereof prior to departure. Alternatively, the Passenger may opt not to travel and request a refund of the Ticket. Similarly, if such a tax is abolished or reduced so that it does not have to be applied or in such a way that a lower amount is requested, the Passenger shall be entitled to request from the Carrier a refund of the tax or the related difference.In the event of the Passenger's renunciation of travel on a flight for which he/she has a confirmed Booking, the Passenger may obtain a refund of taxes and airport charges for the unflown route(s).
 

4.3 Surcharges

Depending on the purchase channel chosen, a fee may be applied for the sales service (Ticketing Fee), directly by the Carrier or its Authorized Agents.

 

4.4 Currency

Taxes, fees and charges must be paid in the currency of the country of origin of the entire Itinerary, unless otherwise indicated by Aeroitalia. Aeroitalia may, at its own discretion, accept payment in a currency other than that of the country of origin of the trip.

 

4.5 Value Added Tax (VAT)

Value added tax (VAT) does not apply to international travel fares.Prices and related supplements on domestic routes (domestic flights) are subject to VAT.
 

ARTICLE 5. SPECIAL ASSISTANCES

The carriage of unaccompanied minors, Passengers with Reduced Mobility, sick persons and anyone else in need of specific assistance may be subject to special procedures. The Passenger is advised to inform the Carrier of his special needs and the type of assistance requested, at the same time as the Booking. The Carrier will do everything in its power to satisfy requests for special assistance submitted after the Booking or, according to the applicable legislation (EC Regulation No. 1107/2006) and within 48 hours before departure, taking into account in particular the notice period communicated, and the particular characteristics of the assistance requested.

 

5.1 Transport of infants

For safety reasons, infants (aged 8 days to 23 months) must sit on an adult's lap using an infant seat belt provided by the cabin crew and at no extra charge.


ARTICLE 6. CHECK-IN AND BOARDING

 

6.1 On-line Check-in

All Passengers are offered the opportunity to check-in online on the Aeroitalia Website and to print or download the Boarding Pass. Online check-in is available from 24h and up to 3h from flight departure.

 

6.2 Check-in at the Airport and Boarding – Check-in time limit

The check-in time limit varies from one airport to another. The Passenger must strictly respect the deadlines, under penalty of cancellation of Reservations. The Carrier or the Authorized Agent will provide the Passenger with the necessary information on the check-in time limits.
The indications of the Time limit of acceptance constitute in any case an integral part of the Contract of Carriage.
The Passenger must present himself sufficiently in advance of the departure of the flight to complete all the formalities necessary for the execution of the trip and, in any case, within the check-in time limit. If the Passenger is not in possession of all the necessary documents for check-in, the Carrier may cancel the reservation without any liability to him. The Passenger must also present himself at the boarding gate before the boarding time indicated at check-in and on the Boarding Pass. The Carrier may cancel the Passenger's reservation, without any liability to the Passenger, if the latter does not show up at the boarding gate within the indicated time. Aeroitalia is not responsible for any costs or expenses incurred by the Passenger who has not complied with the provisions contained in this article.
 

ARTICLE 7. REFUSAL OF CARRIAGE

 If one or more of the following circumstances occur or there are good reasons to believe that one or more of the following circumstances will occur, on any flight operated by Aeroitalia, the Air Carriage of the Passenger and/or their Baggage may be denied:

 

  1.  What is deemed necessary for compliance with the laws, regulations, or rules of any State of departure, destination or to be overflown, including expressly those concerning the Covid 19 pandemic, as well as the sanctioning discipline provided for by the United Nations Organization, the United States of America, the United Kingdom, the European Union and / or any other State (or international organization) whose rules are relevant for the purposes of Air Transport.

  2.  What is deemed necessary in response to a written request from the authorities of the country of departure or transit or destination.

  3. The carriage of the Passenger or his/her Baggage may constitute a threat to the safety, health, or peace of mind of other passengers or crew members.

  4. The physical or mental state of the passenger, including as a result of the consumption of alcohol or the intake of drugs or medications, could constitute a danger or risk to himself, to other Passengers, to the crew or to the goods on board.

  5. The passenger has behaved in unacceptable manner on a previous flight, and we have good reason to believe that it may happen again.

  6. The passenger has refused to submit to security checks.

  7. The passenger has not paid a fare, fee, or surcharge due.

  8. The passenger is not in possession of valid travel documents.

  9. The passenger has not complied with the requirements of these GCC, or the Fare Rules, for the use of the Ticket and / or for the boarding of Baggage and accompanying animals.

In the event that the Air Carriage is refused for any of the reasons mentioned above, or if the Passenger has been disembarked from the aircraft, Aeroitalia is entitled to reimburse the price paid by the Passenger for the unused Route. Aeroitalia will not be held liable for any loss, damage, death, or bodily injury that may result from the refusal to carry the Passenger or his Baggage in the circumstances indicated above justifying refusal of carriage by Aeroitalia itself.

ARTICLE 8. BAGGAGE

 

8.1 Obligations of the Passenger

The Passenger declares to know in detail the contents of each of his/her Baggage and undertakes not to leave his/her luggage unattended from the moment of their preparation. The Passenger also undertakes not to carry Baggage entrusted to him by third parties during the journey. It is the Passenger's responsibility to verify that the Baggage is correctly and solidly packed and protected by suitable containers.
 

8.2 Baggage allowance and excess baggage

Depending on the applicable fare, a limited number of bags are allowed to be checked in as part of the baggage allowance. The baggage allowance is indicated on the ticket and may be requested from the Carrier or the Authorised Agent who issued the Ticket. Carriage of baggage in excess of the baggage allowance and special baggage is subject to a charge. The weight of each individual package can in any case not exceed 32 kilograms.

 

8.3 Checked Baggage

The Passenger may drop off his/her baggage at the Carrier's check-in before the check-in time limit. The Carrier will take custody of the Baggage and issue the Passenger with a Baggage Receipt for each checked baggage.
Checked Baggage must be properly packaged, to protect its contents and withstand normal handling.  Depending on the regulations in force, the Passenger is advised not to include money, jewellery or valuables in general, identity documents and electronic equipment in the luggage. The measurements, weight, shape, and dimensions must comply with the company standards available on the Aeroitalia Website.
The Passenger must affix a personal label or other personal identification system to the Checked Baggage. Checked Baggage is carried on the same aircraft as the Passenger unless security or operational reasons require carriage on a subsequent flight. In this case, the Baggage will be delivered to the Passenger's home.
Baggage not suitable for carriage in the hold may be accepted for carriage in the passenger cabin only upon availability of space and in the manner indicated by the Carrier.
 

8.4 Prohibited items:

The carriage of:

 

  • Items that may endanger the aircraft, persons, or objects on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations. The list of such items may be obtained from the Carrier or the Authorised Agent who issued the ticket.  These include explosives, compressed gases, oxidizing, radioactive or magnetic materials, highly flammable materials and poisonous or aggressive substances;

  • Items whose carriage is prohibited by laws, regulations, or orders in force in any country from which the flight departs or arrives or from which the flight transits.

  • Dangerous, unsafe, or unsuitable for transport items due to their weight, size or type, or         because they are fragile, perishable or particularly delicate.

 

  •  Lithium batteries or separate rechargeable lithium batteries (commonly used in electronic consumer goods such as laptops, computers, mobile phones, watches, and cameras) can only be carried in carry-on baggage. A maximum of two lithium batteries or separate rechargeable lithium batteries with a power of no more than 160 Wh can be carried as replacement batteries for electronic consumer goods. The transport of separate lithium batteries or batteries with a power between 100 Wh and 160 Wh must be previously approved by the airline.

 

  •  Weapons of any kind, in particular firearms, cutting or pointing weapons as well as sprays. Sporting weapons may be accepted as baggage at our discretion. They must be discharged and with the safety inserted. The carriage of ammunition is subject to ICAO and IATA standards.

 

  •  Objects which by weight, size, conformation, or nature are unsuitable for carriage, taking into account in particular the type of aircraft used. An information on such items will be delivered to Passengers who request it.


Aeroitalia is not responsible for items deliberately placed in Checked Baggage in violation of the provisions of this paragraph. Aeroitalia has the right to refuse acceptance for carriage as Baggage, or to refuse its continuation where already accepted, of any object that is unsuitable for the reasons listed above.

8.5 Un-checked Baggage

Each Ticket allows the carriage in the cabin of Unchecked Baggage in limited quantities by number and/or weight and/or size. Unchecked Baggage must be large enough to be placed under the seat in front of the Passenger or placed in the appropriate overhead bins. The need for the Carrier to check in Baggage for carriage in the hold due to the Passenger's failure to comply with the aforementioned conditions may result in the payment of a fare supplement to the Passenger if the Baggage is in excess of the required allowance. At any time before the take-off of the flight, for reasons of safety or operation of the aircraft, the Carrier may refuse boarding in the cabin of baggage that must be checked in as checked baggage, without any tariff surcharge. The number, maximum weight and dimensions of hand luggage can be consulted on the Aeroitalia website.
 

8.5 Right of inspection

For reasons of safety and / or security and / or at the request of the authorities, the Passenger may be required to cooperate in the search or control by X-ray or otherwise, of his luggage. In case of unavailability of the Passenger, his/her Baggage may be checked or searched even in his absence, particularly to check if they contain the objects referred to in Article 8.3 above. The Carrier may refuse to carry the Passenger who does not consent to such requests.

8.6 Baggage collection and delivery

It is mandatory to collect your checked baggage as soon as it is available on arrival. Unclaimed checked baggage within three (3) months from the time it is available for collection may be removed without liability to the owner passenger.
If a person requests the delivery of checked baggage but is unable to show the baggage receipt and identify the baggage with the appropriate identification tag, if it has been issued, we will deliver the baggage to this person only on condition that he has demonstrated with reasonable certainty that he is entitled to it.
The acceptance of the baggage by the holder of the receipt, who does not present any claim at the time of delivery, constitutes a presumption, unless proven otherwise, of the delivery of the baggage in good condition and in accordance with the Contract of Carriage.

 

8.7 Pets and Service Animals

The carriage of pets following the Passenger is subject to prior and explicit acceptance by the Carrier. Each Passenger may carry a limited number of pets on each flight. Current legislation prohibits the transport of certain categories of pets. Information relating to these categories can be consulted on request from the Carrier or its Authorised Agents and on the Aeroitalia website. The Passenger must be able to present any proper documents of his/her pet that may be required by the authorities of the countries of departure, transit, and arrival, including passport, health and vaccination certificates. Animals must be transported, both in the hold and in the cabin in the appropriate containers suitable for the transport of animals, which contain their entire body and in which they can get up and breathe easily. Since the carriage of animals is not included in the free baggage, the Passenger must pay a fare supplement.
Guide dogs and service animals accompanying Passengers with Reduced Mobility will be transported free of charge. The transport of service animals is limited to dogs only. A passenger with a proven disability traveling with a service dog assumes all responsibility for the safety, health, well-being, and behaviour of his service dog, including the interaction of the service dog with other passengers and crew members who may come into contact with the service dog on board the aircraft or in the gate area.  The Passenger shall bear all costs arising from failure to comply with these obligations, as well as all damage caused by the animal being transported and shall exempt the Carrier from any liability and consequences arising from failure to ascertain the conditions and/or limitations referred to above and from failure to possess the necessary documents and/or failure to comply with the applicable rules and provisions.

 

ARTICLE 9.SCHEDULES, DELAYS AND CANCELLATIONS

The flight schedules can be consulted on the Aeroitalia website and communicated during the Booking process, as well as reported on the Ticket and on the Itinerary Receipt. The Carrier shall do everything in its power to transport the Passenger and his/her baggage to their destination without delay. However, the regularity and punctuality of flights are subject to a number of factors independent of the Carrier itself and which may result in the rescheduling or cancellation of the flight. The Carrier undertakes to inform passengers of any changes in flights as soon as possible and will do everything in its power to alleviate the inconvenience of its Passengers. The Passenger is required to provide, at the time of Booking, his contact details to which communications relating to any changes in flights may be sent. In case of delay, cancellation or denied boarding due to overbooking, Aeroitalia will apply the mandatory international, European and national rules in force, in particular Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, available on the Aeroitalia Website. The reference to these rules must be understood as referring to those in force from time to time, it being understood that they - without prejudice to their mandatory nature - do not constitute an integral part of the Transport Contract.
If, for reasons not dependent on the will of the Carrier (e.g., adverse weather conditions), it is not reasonably possible or otherwise prudent to land at the original destination airport and it is appropriate to land at another airport, the Air Carriage will be considered completed when the aircraft arrives at the other airport, unless the aircraft then continues to its original destination. The Carrier will, however, arrange alternative transport also with other means of transport, where necessary, to transport the Passengers to their original destination at no additional cost.

 

ARTICLE 10. REFUNDS

The full or partial refund of a Ticket will be made in the manner established below, in accordance with the conditions of the fare purchased and the current legislation on the subject.
The refund request must be submitted to the subject who issued the Ticket (Carrier or Authorized Agent), no later than 30 days from the date of expiry of the ticket. The conditions for reimbursement of the purchased Ticket are governed by the fare rules in force at the time of purchase and can be consulted during the purchase process on the Aeroitalia website or communicated by the Call Center or Authorized Agents. The refund will be made to the person holding the Ticket or to the person who paid for the Ticket upon presentation of satisfactory proof that such payment has taken place. In case of cancellation or serious delay, the refund of the ticket will be guaranteed in accordance with the international, European, and national standards in force, in particular Regulation (EC) No. 261/2004. The reference to these rules must be understood as referring to those in force from time to time, it being understood that they do not constitute an integral part of the Contract of Carriage. In the event of a non-refundable fare, the Passenger will still be entitled to a refund of Government Taxes for the itinerary or part of it if not flown. All refunds will be subject to the laws, rules and other rules or ordinances of the State in which the Ticket was originally purchased and the State in which the refund is to be made. Subject to the above clause, refunds will be made in the currency in which the Ticket was paid.

ARTICLE 11. ADDITIONAL SERVICES

Aeroitalia assumes no obligation (nor any responsibility) in relation to services other than Air Transport carried out by third parties, even if these services are advertised and purchased on the Aeroitalia website. The aforementioned services are managed by these third parties and the terms and conditions of the service provider are applied to them.

ARTICLE 12. ADMINISTRATIVE FORMALITIES

12.1 General Terms

The Passenger is obliged, under his sole responsibility, to obtain all the necessary travel documents and visas and to comply with all the provisions of the States from which he departs, in which he arrives and where he transits; a similar obligation also exists in relation to the regulations and instructions issued from time to time by Aeroitalia in this regard. Travel documents and visas must be valid for the entire duration of the trip, including any interruptions. In this regard, Aeroitalia assumes no responsibility and will not be in any way responsible for the consequences that the Passenger may suffer due to his negligence in obtaining such documents.

12.2 Travel documents

The Passenger is required to present before departure, all entry, exit, medical and other documents required by the States concerned. In addition, the Passenger is obliged to deliver such documents to the Carrier and allow him, where necessary, to make copies or to take note of the data contained therein. The Carrier reserves the right to refuse carriage to Passengers who do not comply with these requirements or who have their travel documents incomplete. The Carrier cannot be held responsible for the consequences and in particular for the losses and costs suffered by the Passengers for not having complied with current legislation, without prejudice to the right to reimburse the unused ticket due to refusal of the visa communicated to the Carrier before departure for reasons not attributable to the Passenger.

12.3 Refusal of entry

In the event of refusal of entry into a country, the Passenger is obliged to bear all costs and fines imposed by the local authorities on the Carrier as a result of such refusal. The Carrier shall not reimburse the Passenger for the cost of the Ticket purchased for carriage to the destination where he or she was denied entry and may use the sums paid for Air Carriage if the authorities order the return to the country of departure.

12.4 Passenger liability for fines and detention costs, etc.

If Aeroitalia is required to pay fines or penalties and/or incur expenses for the Passenger's failure to comply with laws and norms for entry or transit in a given State or for failure to possess the necessary documents in the correct form, the Passenger shall be obliged to reimburse the Carrier for all amounts paid and expenses incurred. This provision applies not only to the Passenger, but also to the person (if different from the Passenger) who purchased the Ticket on behalf of the Passenger. To compensate the amounts due, Aeroitalia reserves the right to use any flight still unused or any funds of the Passenger in possession of the company, such as travel credit vouchers provided by the country of departure, destination or transit, the Passenger will be required to reimburse, on request, any sum paid, or expenses incurred.
 

12.5 Customs inspections

If necessary, the Passenger must assist in the inspection of his/her Baggage by customs authorities or other governmental or airport authorities. Aeroitalia shall not be liable to the Passenger for any loss or damage suffered by the Passenger during such inspections or as a result of the Passenger not having been present at the inspection.

12.6 Security Checks

Passengers must undergo security checks carried out by duly authorized personnel of government, airport, or airline authorities.

ARTICLE 13. LIABILITY FOR DAMAGES 

13.1 Indemnification and limits of liability

In cases of:
  1.      death or injury of the passenger.
  2.      delay in the carriage of the passenger.
  3.      delay in the carriage of baggage.
  4.      destruction, loss, or damage to baggage,
the mandatory national, European, and international rules in force apply, in particular: the Navigation Code, the Montreal Convention of 1999, Regulation (EC) No 2027/97, as amended and supplemented by Regulation (EC) No 889/02, as well as Regulation (EU) No 996/2010, as amended by Regulation (EU) No 376/2014 and Regulation (EU) No 1139/2018 of 4 July 2018, as well as the ENAC Circular GEN-05 revision A of 12 October 2018. The reference to these rules must be understood as referring to those in force from time to time, it being understood that they - without prejudice to their mandatory nature - do not constitute an integral part of the Transport Contract. 
In summary, the above-mentioned rules provide for the following:
  • a)Compensation in the event of death or injury to the passenger: the Carrier is liable for damage resulting from the death or personal injury suffered by the passenger by the very fact that the event that caused the death or injury occurred on board the aircraft or during any of the embarkation or disembarkation operations. For damages up to 128,821 SDRs, the carrier cannot exclude or limit its liability. Beyond this amount, the Carrier is not liable for the damage if it proves that:
    • 1) the damage is not due to negligence, tort, or omission of itself or of its employees or agents, or that
    • 2) the damage is due exclusively to negligence, unlawful act or omission of third parties.

  • b) Advance payments: in the event of an air accident causing the death or injury of the passenger, the Carrier, if it is bound by its national law, shall without delay advance payment in favour of the person or persons entitled to compensation to meet their immediate economic needs. An advance payment does not constitute recognition of liability and may be deducted from any additional amount subsequently paid by the carrier as compensation. 
  • c) Delay in the carriage of the passenger: the Carrier is liable for damage resulting from delay in the carriage of passengers by air, unless it proves that it and its employees and agents have taken all necessary and possible measures, according to normal diligence, to avoid the damage or that it was impossible for them to take them. Liability for damage is limited to 5,346 SDRs.
  • d) Delay in the carriage of Baggage: The Carrier is liable for damage resulting from delay in the carriage of baggage by air, unless it proves that it and its employees and agents have taken all necessary and possible measures, according to normal diligence, to avoid the damage or that it was impossible for them to take them. Liability for damage is limited to 1. 288 SDRs.                                 
  • e) Destruction, loss, or damage to Baggage: The Carrier is liable in the event of destruction, loss or damage to baggage up to 1,288 SDRs per passenger. In the case of Checked Baggage, the Carrier is liable for the damage unless the damage is pre-existing or derives from the nature, defect or intrinsic defect of the Baggage or is connected to the normal handling of the Baggage or to wear and tear such as: scratches, dents, stains, loss, or damage to protruding or removable parts (straps, wheels, handles), unless the damage does not compromise the use of the Baggage. About Unchecked Baggage, the Carrier is only liable if the damage is attributable to it. 
  • f) Higher Liability Limits for Baggage: Passengers may benefit from a higher liability limit by issuing a special declaration, at the latest at the time of baggage check-in, and by paying a surcharge.
  • g) Baggage Claims: The unreserved receipt of Checked Baggage by the person entitled to delivery constitutes, unless proven otherwise, presumption that the baggage has been delivered in good condition and in accordance with the ticket. In the event of damage, the person entitled to delivery must, as soon as the damage is ascertained, file a complaint with the Carrier immediately and in any case within seven days from the date of receipt, in the case of Checked Baggage. In case of delay, the complaint must be submitted within twenty-one days from the date on which the baggage was made available to you. The complaint must be in writing and must be submitted or sent within the deadlines. In the absence of a complaint within the terms, the actions against the Carrier are extinguished, except in the case of fraud on the part of the latter.
  • h) Liability of the Contracting Carrier and the Actual/Operating Carrier: If the Carrier operating the flight is not the Contracting Carrier, the Passenger has the right to make a claim for compensation or a claim to both. If the name or code of a Carrier appears on the Ticket, this Carrier is the Contracting Carrier.
  • i) Time limits for the action for compensation: the liability action must be initiated, under penalty of forfeiture, within two years of arrival at the destination or from the day on which the aircraft should have arrived, or on which the carriage was interrupted. The method of calculating the period of the extinguishing period shall be determined in accordance with the legal system of the court seized of the relevant dispute.


ARTICLE 14. BEHAVIOUR ON BOARD

14.1 General Terms

If the Passenger's behaviour on board the aircraft is such as to endanger the aircraft itself or the persons or property on board, or to hinder the crew in the performance of their duties, or in the event of the Passenger's failure to comply with the instructions of the crew, the Carrier and the captain of the aircraft shall be entitled to take measures to prevent the continuation of such behaviour, including containment measures. The Passenger may be disembarked from the aircraft, may be denied boarding on subsequent flights at any time, and may be reported to the competent authorities for acts committed on board the aircraft.

14.2 Portable electronic devices

Passengers are allowed to use small portable electronic devices during all phases of the flight, provided they are in "airplane" mode. For safety reasons, larger laptops and electronic devices must be switched off during taxing, take-off and landing or at any time at the request of the master. Any device that transmits or receives communications in a mode other than "air" mode must be switched off for the duration of the flight. The operation of hearing aids and cardiac pacemakers is allowed. The operation of hearing aids and cardiac pacemakers is allowed. 

14.3 Non-smoking flights and other restrictions

On all Aeroitalia flights it is strictly forbidden to smoke. Violation of this prohibition will result in the payment of the penalties provided for by law, without prejudice to Aeroitalia's right to act for compensation for damages suffered. In accordance with the reference I.A.T.A. procedure, the smoking ban on board aircraft is also extended to electronic cigarettes.
The Carrier may consider it appropriate to restrict or prohibit the consumption of alcohol on board. Film or photographic filming is prohibited on board, excluding only those made for personal purposes. If the Passenger does not comply with the provisions of this article, in accordance with the provisions of law and regulations, the Carrier and the captain of the aircraft may take all appropriate and reasonably necessary measures, including disembarking the Passenger and/or applying coercive measures at any time of the flight.
 

ARTICLE 15. ALTERNATIVE DISPUTE RESOLUTION – EXCLUSIVE FORUM

Aeroitalia informs Passengers/consumers that a European platform has been established for the online resolution of consumer disputes relating to goods and services purchased online in the European Union (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform, passengers/consumers will be able to consult the list of ADR entities, find the link to the website of each of them and propose to initiate an online dispute resolution procedure.
 
Without prejudice to the above and without prejudice to the mandatory jurisdiction provided for by EU Reg. no. 1215/2012 with regard to Passengers / consumers, any dispute concerning these General Conditions of Carriage and / or the Contract of Carriage is subject to the exclusive jurisdiction of the Court of Rome.
 

ARTICLE 16. APPLICABLE LAW

Italian law applies to these General Conditions of Carriage and to the Contract of Carriage.