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The following terms and definitions, unless otherwise specified, have the following meaning: |
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Authorised agent |
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A passenger sales agent appointed by the carrier to represent it in selling air transportation and its services to passengers. |
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| Baggage |
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Such articles, effects and other personal belongings of a passenger necessary or appropriate for wear, use, comfort or convenience in connection with their trip. Unless otherwise specified, this consists of both checked and unchecked passenger baggage. |
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| Checked baggage |
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Baggage taken into custody by the carrier for transportation, registered on the ticket. |
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| Unchecked baggage |
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Any bags other than the one checked. |
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| Ticket |
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The document issued by the carrier, or on its behalf, called “Passenger ticket and baggage receipt” including “Conditions of the contract”, passenger and flight information. |
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| Conjunction ticket |
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A ticket issued to the passenger, in conjunction with another ticket which together make up a single contract of carriage. |
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| Electronic ticket |
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An itinerary and receipt, electronic coupon and any boarding document issued by the air carrier. |
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| Excess baggage receipt |
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The document issued by the carrier or on its behalf as a receipt for the transportation of any excess baggage over the free baggage allowance and for animals transportation. The excess baggage ticket is part of the “Passenger ticket and baggage receipt”. |
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| Conditions of carriage |
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All the rules relating to Carriage by Air, whose text is proposed by the Air Carrier and authorised by the Minister of Transportation according to Art 1679 of the Codice Civile. |
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| Codice Civile |
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It is the set of rules approved by Royal Decree 16.3.1942 n.262 and subsequent amendments. |
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| Navigation Code |
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It is the set of rules approved by Royal Decree 30/03/1942 n. 327 and subsequent amendments. |
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| Airline designator code |
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The two or three letters or the letter and number which identify the carrier. |
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| Convention |
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When contents are applicable, whichever of the following apply:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air.
- The Warsaw Convention as amended at The Hague on 28 September 1955.
- The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975).
- The Warsaw Convention as amended at The Hague in 1955 and by Additional Protocol No. 2 of Montreal (1975).
- The Warsaw Convention as amended at The Hague in 1955 and by Additional Protocol No. 3 of Montreal (1975).
- The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975).
- The Guadalajara Supplementary Convention on 18 September 1961, complementary to Warsaw.
- The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, on 28 May 1999.
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| Air Carrier |
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NEOS SPA, based in Somma Lombardo (VA), Via della Chiesa n. 68. |
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| Damage |
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Includes death of, wounding of, or bodily injury to a passenger, delays, loss and partial loss, of baggage arising out of, or in connection with, either carriage on flight or other services provided by the carrier. |
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| SDR (it. DSP) |
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A Special Drawing Right as defined by the International Monetary Fund, whose value is reported on major financial newspapers. |
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| Baggage identification tag |
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A document given by the air carrier to identify each piece of checked baggage. |
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| Days |
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All seven days of the week, including non-working or festive days; the air carrier will not count the day on which notice is sent. For the purposes of deciding whether a ticket is valid, the air carrier will not count the day on which the ticket was issued, or the first flight began |
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| International Regulation |
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Regulation CEE 2027/97, as amended by Regulation CE n. 889, on 13 May 2002. |
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| Passenger |
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Any person holding a ticket (except members of the operating crew) who is carried, or is to be carried, on an aircraft and whose name appears on the ticket. |
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| Air carrier regulations |
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All the regulations relating to Carriage by Air, whose text is proposed by the Air Carrier and authorised by the Minister of Transportation according to Art 1679 of the Codice Civile. Knowledgeability of these Regulations by passengers is ensured by contacting the Air Carrier offices, website, check-in desks or authorised Agents. |
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| Baggage receipt |
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The parts of your ticket which relate to carrying your checked baggage. |
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| Itinerary |
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A document delivered to a passenger travelling with electronic tickets. It contains the passenger's name, information and communication about the flight. |
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| Stopover |
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A scheduled stop on the journey at a point between the place of departure and the place of destination. |
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| Planned stopover |
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A stop on the journey voluntarily decided by the passenger, at a point between the place of departure and the place of destination, previously agreed with the air carrier. |
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| Flight coupon |
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The part of the ticket with the words 'Good for Passage' printed on it (or in case of an e-ticket, the electronic coupon) showing the places which the passenger is entitled to be carried. |
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| Coupon |
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A paper flight coupon or an electronic coupon.
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| Electronic coupon |
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A traveling document with flight details on it held in the air carrier computer database.
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| Passenger coupon |
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The part of the passenger's ticket which is marked as such.
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| Tariff |
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The published fares, charges and related conditions of carriage of an airline which have been filed with the Government of Italy, Canada and the United States of America.
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| Carrier |
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The Air Carrier that issues the ticket (which is part of the contract according to art III 1 Code Sharing) and any different carrier which provides the passenger and/or their baggage carriage according to it. |
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Article II - APPLICABILITY |
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| 2. 1 General |
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Except where otherwise specified in this article, the conditions of carriage will apply to all passengers and baggage transportation operated by the Carrier. The following conditions also apply to free or reduced fare transportation, unless otherwise decided by the Carrier in its Regulations or on tickets and documents in general.
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| 2.2 Transportation to and from Canada |
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The following Conditions are applicable to places around Canada, that is to say between one area in Canada and another outside the same only if according to Regulations existing in Canada.
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| 2.3 Chartered transportation |
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In case transportation is carried out according to a charter agreement, the following Conditions are applied only if clearly indicated in the contract or on the ticket, notwithstanding the applicability of the conditions related to the carrier's responsibility for damages to passengers and their baggage.
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| 2.4 Prevalence of law |
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In the event of conflict between any regulation included or recalled by the General Conditions and the Community legislation (namely: legal provisions, regulations, orders or instructions by competent Authorities disregarding the agreement among the parties), this regulation will not be applied. Invalidation of single regulations does not affect the enforceability of those provisions which can be applied independently.
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| 2.5 Prevalence of Conditions over Regulations |
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Unless otherwise specified in these Conditions, in case of contrast between the Conditions and the Carrier Regulations, the former will prevail, except in the United States or Canada, where applicable Regulations will prevail over Conditions. |
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| 3.1 General |
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| 3.1.1 Probative force |
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The ticket is the proof of the contract between the Air Carrier and the passenger named on it. The ticket reports only an extract of the Conditions of Carriage which, upon passenger's request, can be shown in full.
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| 3.1.2 Requirements |
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Except in case of an electronic ticket, only passengers with a valid ticket issued according to the Air Carrier Regulations will be entitled to be carried. The valid ticket should contain: the flight coupon for that flight, all other unused flight coupons and the passenger's coupon.
The passenger will not be entitled to be carried on a flight if the ticket presented is spoiled, torn or damaged or if it has been altered or tampered with unless the Air Carrier or the authorised agents have made the alteration.
If the passenger is travelling on an electronic ticket, they will be entitled to be carried on a flight if the electronic ticket was issued in their name and they can prove to be the person named on it.
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| 3.1.3 Loss or non-integrity of the ticket |
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In case the ticket is lost, spoilt and some parts (passenger's and all other unused flight coupons) are missing, the Air Carrier who has issued the ticket can, upon passenger's request and according to its Regulations, replace the ticket or part of it issuing a new one in case the passenger can prove that the original ticket had been issued for the flights indicated.
However, in this case, the passenger will pay the Air Carrier, according to its regulations, the fare for the new ticket in case the lost or spoilt one and the missing flight coupons have been used by others for transportation or refund. Issuing a new ticket may entitle the payment of a sum by way of reimbursement for the expenses incurred by the Air Carrier.
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| 3.1.4 Ticket withdrawal |
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The Air Carrier can withdraw the ticket or refuse transportation in case this document is not valid, it is presented by a different person from the one shown on it or if it has been obtained violating the current fare and/or regulations.
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| 3.1.5 Ownership and non transferability |
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The ticket is property of the Air Carrier and it cannot be transferred. The Air Carrier has the right to check if the person presenting the ticket is actually the person whose name appears on such ticket. The Air Carrier will not be responsible towards the person entitled to being carried or refunded if, in bona fides, it carries or refunds the person who, even presenting the ticket, is not the legal owner of the same
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| 3.1.6 Code sharing |
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It may happen that, even in case of a ticket issued by the Air Carrier, the flight will be operated with other airlines following code share arrangements. |
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| 3.2 Validity |
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| 3.2.1 One year validity |
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The ticket is valid for one year from the date the passenger first travelled, or from the issue date in case no part has been used, otherwise differently stated in the ticket, according to the Air Carrier Conditions and Regulations.
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| 3.2.2 Validity extension by the Air Carrier |
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The ticket validity is extended until departure date of the first available flight by the Air Carrier on which there is a seat in the selling class corresponding to the fare paid, in case the passenger cannot travel for one of these reasons:
- the flight booked by the passenger has been cancelled;
- in case a stopover corresponding to departure or arrival has not been carried out;
- the reserved seat is not available.
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| 3.2.3 Extension due to lack of seats |
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In case the passenger cannot travel during the ticket validity time as, at the moment of booking, the Air Carrier does not have available seats, the validity will be extended until the date of the first flight on which there is availability of a seat in the selling class corresponding to the fare paid; this unless the passenger does not decide to ask for a refund in accordance with what stated in Article 10, Refund.
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| 3.2.4 Extension due to illness |
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If, after beginning the journey, the passenger becomes ill and cannot complete the journey within the ticket validity date, the Air Carrier will extend the validity period until:
the passenger, according to a medical certificate, will be able to fly;
the first flight, following such date, departing from the place where the journey is resumed, has availability in the selling class corresponding to the fare paid, on condition that this extension is not precluded by the relevant Air Carrier Regulations.
The validity of the ticket, except as required by the Air Carrier Regulations, will be extended to no more than 3 months from the date indicated on the medical certificate, whenever the flight coupons (either in paper or electronic), involve one or more stopovers. If there are other immediate family members travelling with the passenger when they fell ill, the validity period of their tickets will be extend by the Air Carrier for a similar period.
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| 3.2.5 Extension due to death |
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If a passenger dies during the journey, the ticket of the passenger travelling with them may be changed by deleting the minimum stay condition or by extending its term of validity. In case of death of immediate family members of the passenger who has already begun the journey, the validity of the passenger's ticket, as well as that of the immediate family accompanying members may likewise be changed. Changes will be made upon presentation of a death certificate and in any case the validity period of the tickets will not be extended for more than 45 days after the date of death.
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| 3.2.6 Other extensions |
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Other extensions can be provided for in the Regulations. |
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| 3.3 Flight coupons sequential order |
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| 3.3.1 General |
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The ticket is no longer valid if the passenger does not use all the coupons in the sequence provided by the Air Carrier.
The Air Carrier will accept flight coupons only according to the sequence provided starting from the place of departure indicated on the ticket.
The ticket will not be valid and cannot be used in case the first coupon, or the coupon corresponding to the electronic ticket, has not been used and the passenger is starting the journey in one of the agreed stopovers.
Any coupon will be accepted for transportation in the selling class indicated, on the date and for the flight referring to in the booking.
When the flight coupon is issued without a specific booking, the seat will be reserved according to fare conditions and availability on the requested flight.
Coupons which have not been used, may be withdrawn by the Air Carrier according to currency and fare legislation. During the flight, the passenger has to keep the coupon and all the coupons not yet taken by the Air Carrier.
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| 3.4 Air Carrier registered name and address |
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| 3.4.1 General |
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The Air Carrier name can appear on the ticket in abbreviated form with its identification code or in any other way. The Air Carrier address is the departure airport indicated on the ticket next to the first Air Carrier name abbreviation in the box called “Carrier”or, in case of an electronic ticket, in the first flight segment on the Itinerary Receipt. |
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Article IV - FARES AND OTHER EXPENSES |
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| 4.1 Operation field |
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Fares cover transportation from the airport at the place of departure to the airport at the place of destination. Fares do not include ground transport between one airport and another or between an airport and the town terminal, unless the service is provided for free by the Air Carrier.
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| 4.2 Applicability |
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Applicable fares are those published by the Air Carrier or on its behalf, elaborated according to the Air Carrier Regulations and communicated to the passenger. Apart from what is stated in sub Fees and Charges, applicable fares are those valid when the ticket is issued for the flights indicated. Itinerary or date change can increase the fare to pay.
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| 4.3 Itinerary |
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Unless otherwise specified in the Air Carrier Regulations, fares are applicable only to published itineraries in conjunction with the same fares. In case there is more than one itinerary at the same fare, before the ticket is issued, the passenger can establish the desired itinerary. Otherwise, the itinerary will be decided by the Air Carrier.
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| 4.4 Taxes and charges |
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Unless otherwise specified by the Air Carrier Regulations, apart from published fares, also both taxes and any other charges imposed on the passenger by the governments, public authorities or operators of airports have to be paid by the passenger.
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| 4.5 Currency |
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Fares and charges can be paid in any currency accepted by the Air Carrier according to the local legislation. If the payment is done in a currency different from the one of the published fare, the payment will be done according to the exchange rate indicated in the Air Carrier Regulations. |
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| 5.1. Validità |
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5.1 Validity - Bookings are not accepted unless confirmed by the Air Carrier or its authorised agents. Some fares have conditions attached to them which limit or exclude the passenger right to change or cancel reservations.
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| 5.2 Time limits for the payment of the fare |
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If the passenger has not paid for the ticket by the deadline the Air Carrier or the authorised agents have set, the reservation may be cancelled.
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| 5.3 Seating |
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The Air Carrier will try to honour advance seating requests in the class indicated on the ticket, but cannot guarantee the passenger will be able to sit in any particular seat, even if in case of a reconfirmed reservation.
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| 5.4 Sanction |
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Apart from non-refundable tickets, the Air Carrier can ask the passenger to pay a sanction in case the reservation is not used or cancellation is done outside the time limits stated in the Air Carrier Regulations in case both failure to use the reservation or cancellation are caused by the passenger.
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| 5.5 Reconfirming reservation |
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The passenger may have to reconfirm onward or return reservations within certain time limits as stated in the Air Carrier Regulations. The Air Carrier will inform the passenger when a reconfirmation is needed. |
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Article VI - PASSENGER CHECK-IN |
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| 6.1 Terms |
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The passenger has to check-in according to deadlines, and no later than what indicated by the Air Carrier. The passenger must be present at the boarding gate no later than the time given by the Air Carrier.
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| 6.2 Cancellation |
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The Air Carrier may cancel the reservation if the passenger does not check in and arrive at the boarding gate by the prescribed time or does not have the necessary documents as stated in article 13.2 sub Travelling Documents. The Air Carrier will not be liable for any loss or expenses and is not responsible for any refund in case the passenger fails to meet what stated in this article. |
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Article VII - REFUSAL AND LIMITATION OF CARRIAGE |
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| 7.1 Refusal of carriage |
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The Air Carrier may decide to refuse to carry the passenger or their baggage for security reasons or in case one or more of the following happens:
- the refusal is necessary to comply with rules, regulations or any local legislation of the departure, arrival or fly overflown country;
- if carrying the passenger or their baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger;
- if the mental or physical state of the passenger, altered by the influence of drink or drugs, is considered a danger for the passenger, the aircraft, any other person on it and the crew;
- if the passenger has misbehaved on a previous flight and the Air Carrier thinks this may be repeated;
- if the passenger has not paid the fare, taxes and charges thus not respecting the credit agreements between the Air Carrier and the passenger (or the person paying for the ticket);
- if the passenger does not appear to have valid travel documents, is trying to enter a country which does not permit his entry as a transit passenger, has destroyed travel documents during the flight or if they refuse to give travel documents to a member of the crew of the aircraft when asked to do so;
- if the passenger presents a ticket acquired illegally (or not from the Air Carrier or an authorised agent), been reported as being lost, stolen or counterfeited or in case cannot prove being the person named on the ticket;
- in case the passenger has disobeyed article 3.3 regarding the use of flight coupons. In all the above mentioned cases, the Air Carrier has the right to withdraw the ticket.
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| 7.2 Special assistance |
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Acceptance on board the aircraft of unaccompanied minors, passengers with disability, passengers requiring special assistance, pregnant women or passengers with illnesses is regulated by the Air Carrier. The Air Carrier will make reasonable efforts to accommodate requests for special assistance in accordance with applicable laws governing nondiscrimination in air transportation. |
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| 8.1 Forbidden items |
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Passengers must not carry the following in their baggage:
- items not considered as baggage as stated in Article I;
- items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the 'International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous Goods Regulations'. Further information may be required by the Air Carrier;
- items forbidden from carrying by law, regulations or legislations of a departure, arrival or stopover Country;
- items which the Air Carrier reasonably considers unsuitable for carriage because they are too heavy, too big, fragile or perishable;
- live animals, unless otherwise specified in the sub paragraph Animals;
- the passenger must not include in the checked baggage items of special value, money, jewelry, precious metals, silverware, bonds, share certificates and other valuable documents, business documents, passports and other identification documents or samples, medicines or other medical devices necessary to the passenger's health which could be put in the hand baggage. Reasonable quantities of items related to passenger's health can be accepted when carried or put in the hand baggage.
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| 8.2 Items accepted according to specific regulations |
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Firearms and ammunition, unless for hunting or sports reasons cannot be carried on board. Sporting and hunting firearms can be accepted only as checked baggage according to the applicable legal provisions and the Air Carrier Regulations.
All firearms carried must be unloaded, have the safety catch on and be suitably packed. Carrying firearms and ammunition is covered by the ICAO Technical Instruction and IATA Regulations related to dangerous items.
Antique firearms swords, knives and similar weapons may be accepted as checked baggage according to the Air Carrier Regulations but cannot be carried into the aircraft cabin.
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| 8.3 Breach of prohibition |
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In case any of the accepted or forbidden items above mentioned is carried on board, this transportation will occur according to fares, limitation of responsibility and any other regulation included in the conditions regarding baggage transportation.
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| 8.4 Transportation refusal |
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The Air Carrier will not accept for transportation the objects in sub 8.1 Forbidden items and can stop transportation any moment in case they are found on board. The Air Carrier will refuse to carry any checked baggage that it is not properly packed in suitable containers. The Air Carrier, unless there are prior arrangements, can transport the excess baggage on following flights.
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| 8.5 Search |
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For reasons of safety and security the Air Carrier may ask the passenger to be searched and screened and if the passenger is not available, the Air Carrier or an agent may search the baggage in order to verify the possession or the presence of items whose transportation is forbidden or accepted only under precise and already stated circumstances.
If the passenger does not allow the search, the Air Carrier can refuse to carry both passenger and their baggage. If a search or screening causes damage to the passenger, or a search, screening or x-ray causes damage to the baggage, the Air Carrier will not be liable for the damage unless it was caused by its negligence or fault.
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| 8.6 Checked baggage |
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When the passenger gives the Air Carrier the baggage to check in, the Air Carrier takes responsibility and provides a baggage identification tag for each piece. Before check-in, the passenger must put their name, or any other form of identification, on each item of checked baggage.
The checked baggage, whenever possible, will be carried on the same aircraft as the passenger, unless the Air Carrier decides for safety, security or operational reasons to carry it on another flight. If the checked baggage is carried on another flight, the Air Carrier will deliver it to the passenger, unless the law says the passenger must be present for customs clearance.
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| 8.7 Baggage allowance |
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Passengers are allowed to carry some baggage free of charge according to what stated in the Air Carrier Regulations available at the office, Air Carrier check-in counters at the airport or Authorised Agents. Free baggage allowance will be shown on the ticket, or in case of an electronic ticket, on the itinerary receipt. |
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| 8.8 Excess baggage |
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The passenger will have to pay a charge for the carriage of baggage over the free baggage allowance according to what stated in the Air Carrier Regulations. Please ask the Air Carrier, check-in counters at the airport or Authorised Agents for details on excess baggage rates. |
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| 8.9 Value declared and additional fare |
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In case the passenger declares a baggage value over the applicable responsibility for carrying checked baggage, an additional fare will be applied. Fares are available on request. The Air Carrier may refuse acceptance of the checked baggage value declared in case part of the transportation is done by another Air Carrier which does not offer the same possibility according to what stated in the Regulations.
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| 8.10 Unchecked baggage |
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Unchecked baggage taken on board by the passenger must fit under the seat in front or in an enclosed storage compartment in the cabin of the aircraft. The Air Carrier will not accept unchecked baggage which is not safe or larger than the maximum dimensions or weights.
Items of baggage (such as musical instruments and fragile items) unsuitable as unchecked baggage will be carried as checked baggage in the aircraft cabin if the Air Carrier has been informed and agreed. To carry these items, extra charge may be applied according to what stated in the Air Carrier Regulations. |
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| 8.11 Collecting baggage checked into the hold |
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The passenger must collect the checked baggage as soon as it is made available at the place of destination or stopover. If the passenger does not collect it within a reasonable time, the Air Carrier may store it according to art 1515 of Codice Civile. The Air Carrier must promptly inform the passenger about its storage or sale.
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| 8.12 Delivery claim |
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Only the person with the baggage identification tag and, if one has been issued, the baggage check, can claim a piece of checked baggage.
If a person claiming a piece of checked baggage cannot produce the baggage identification tag and cannot identify the baggage through it, the Air Carrier will deliver the baggage only to the person who can prove that the baggage is theirs.
The Air Carrier reserves the right to subject such return to the issuance of a specific written release by the passenger that will indemnify the Air Carrier against any and all further claims regarding loss, damage and/or expense.
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| 8.13 Presumed delivery |
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In case the passenger does not complain about baggage delivery within the time allowed by the present legislation, it means that the baggage has been delivered in good conditions according to the transportation agreement.
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| 8.14 Animals |
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Animals will be carried only according to the following conditions:
- the passenger must ensure that animals such as dogs, cats, birds and others are in accepted containers and have all health and vaccination certificates, entry permits and other documents needed from the arriving or stopover Countries. This transportation may have particular conditions to follow specified by the Air Carrier;
- the animal, together with its container and food, whereas accepted as baggage, will not be included in the baggage allowance but will be considered excess baggage for which the passenger has to pay the applicable fare.
- Service animals accompanying passengers with a disability will be will be accepted for transportation in the cabin free of charge, subject to applicable laws governing nondiscrimination in air transportation;
- even if the animal is accepted, the Air Carrier has no obligation in guarantying the entrance of the same in a destination Country, State or Territory because the decisions taken by the competent local authorities cannot be judged. Passengers should consult rules regarding the entrance of animals to their destination countries before departure.
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Article IX - SCHEDULES, DELAYS AND FLIGHT CANCELLATIONS |
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| 9.1 Schedules |
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The Air Carrier will do its best to carry both the passenger and their baggage as quick as possible and, where possible, observing the published timetables in place at the date of travelling except when, as stated in the current legislation, it is not the Air Carrier responsibility.
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| 9.2 Cancellation and changes to the schedule |
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If in case of reasons independent from its will, the Air Carrier cancels or delays a flight, cannot guarantee the seat originally booked, fails to stop at the passenger place of stopover or destination or causes the passenger to miss a connecting flight on which the passenger holds a confirmed reservation, the Air Carrier is responsible to:
- carry the passenger on another of its own scheduled service on which a seat is available;
or
- carry the passenger to the destination shown on the ticket or part of it, on its own flights, on another scheduled service by a different carrier or by road transportation. In case the fare paid for the transportation is lower than the one paid by the passenger, the Air Carrier will refund the difference. Nothing will be given to the passenger in case of a higher fare.
or
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The Air Carrier will give a fare refund according to what stated in article X, Refunds.
In case the passenger accepts either to be re-routed or refunded, the Air Carrier is not responsible for any other refund and compensation, except for what included in the Convention or any other applicable legislation. |
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| 9.3 Air Carrier replacement |
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The Air Carrier is entitled to being replaced by another carrier and/or replace the aircraft.
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| 9.4 Overbooking |
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In case the Air Carrier cannot accept on board passengers with confirmed booking, a refund or denied boarding compensation will be offered in accordance with applicable DOT regulations. Details are available at check-in counters. |
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| 10.1 General |
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In case the Air Carrier will not carry out the transportation according to what included in the contract or the passenger requires to modify the journey, the Air Carrier will refund the ticket or any unused part according to what stated in this Article and in the Air Carrier Regulations. Unless otherwise specified in this article, the refund will be made to the person appearing on the ticket or the person who paid for it against proof of identity.
In case the ticket has been paid by a person different form the one appearing on it, the refund will be made only to this person or according to dispositions, on condition that in the ticket there is information about this.
Unless the passenger is applying for a refund on a lost ticket, the Air Carrier will only make the refund if the passenger first returns the ticket and all unused flight coupons.
The refund will be considered correctly performed when given to the person appearing on the ticket and/or the person who paid for it.
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| 10.2 Flight cancellation |
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In case the Air Carrier cancels a flight or does not stop at destination or at stopover indicated on the ticket, the total amount of the refund will be:
- equal to the fare paid, in case any flight coupon has been used;
or
- in case a part of the ticket has been used, the refund cannot be lower than the difference between the fare paid and the correct fare for the transportation.
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| 10.3 Voluntary fare refunds |
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If the passenger, for reasons different from those indicated in the previous clause, is entitled to a refund for the ticket, the refund will be as follows;
if the ticket has not been used, the refund will be equal to the fare paid less any expense for cancellation and reasonable service charge;
if the ticket has been used in part, the refund will be equal to the difference between the fare paid and the fare for the transportation, less any cancellation and reasonable service charge.
- se il biglietto non è stato in alcuna parte utilizzato, uguale alla tariffa pagata, detratte le eventuali spese di servizio e di cancellazione;
- se il biglietto è stato parzialmente utilizzato, uguale alla differenza tra la tariffa pagata e quella per il trasporto effettuato, detratte le eventuali spese di servizio e di cancellazione.
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| 10.4 Who makes the refund |
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Voluntary refunds will be made only by the Air Carrier who has issued the original ticket or any of its authorised agents.
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| 10.5 Refund on lost tickets |
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If the passenger loses the ticket or part of it, the Air Carrier will, if the passenger gives satisfactory proof of the loss and pays a reasonable administration fee, give a refund only if:
- the lost ticket, or part of it, has not been used, previously refunded or replaced,
- the person to whom the refund is made agrees to repay the amount the Air Carrier refunded if the lost ticket or part of it is used or refunded to its owner.
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| 10.6 Refusal of a refund |
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The Air Carrier will refuse to give a refund if the passenger applies for it after 30 days from the ticket validity period. The Air Carrier may decide to refuse to give a refund if, when the passenger arrived in a country, presented the ticket to the Air Carrier or to government officials as evidence of their intention to leave that country, unless the passenger can prove to have permission to stay in the country or that they will be leaving the country on another airline or on another form of transport.
Tickets issued according to what indicated in art 5.1.2 sub comma Validity may give the Air Carrier the right to avoid the refund according to what stated in its previous Regulations.
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| 10.7 Currency |
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The Air Carrier will pay the refund in the same way and in the same currency used to pay for the ticket. |
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Article XI - BEHAVIOUR ON THE AIRCRAFT |
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| 11.1 General |
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If, while on board the aircraft, the passenger behaves in a way that puts the aircraft, or any person in it, in danger, deliberately interferes with the crew in carrying out their duties, fails to obey the instructions of the crew (regarding the no-smoking ban, drinking or taking drugs), abuses or insults the crew or other passengers, the Air Carrier may take any reasonable measure to prevent or eliminate this continuing behaviour. Other interventions can be adopted within the legal limits: the Air Carrier can make the passenger to leave the aircraft or refuse to continue the transportation. The passengers responsible for the above mentioned behaviour will be prosecuted in accordance with law for any criminal offence committed on board.
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| 11.2 Electronic devices |
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In accordance with the international law and Ministry of Transport circular letter n. 40/0151 dated 18 March 1996, integrated by ENAC (National Body for Civic Aviation) circular letter n.99-2632 dated 22 July 1999, it is forbidden to operate during flight the radio frequency functions of all the portable electronic devices including mobile phones, laptop computers, personal recorders, CD players, electronic games or transmitting devices including radio-controlled toys and walkie-talkies.
The Air Carrier will allow: hearing aids, heart pacemakers, electric shaving razors, non laser digital music players, laptop computers not connected to printers or CD players, limited to cruising and with the specific approval of the Captain
These devices can be used on board before the aircraft doors are closed, unless the Captain does not decide that their use is not compatible with all the ongoing operations.
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Article XII - ADDITIONAL SERVICES |
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| 12.1 General |
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In case the passenger decides to make use of services different from transportation or any additional service, the Air Carrier can accept the request, but will do this only signing an agreement in name and on behalf of the latter and will be therefore responsible only by fault in the implementation of the mandate.
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Article XIII - ADIMINISTRATIVE FORMALITIES |
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| 13.1 Duties |
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The passenger is responsible for failing to provide travelling documents (departure, arrival and health) and/or non-observance of all the rules, regulations, orders, legislations and conditions required by the Country of departure, arrival, stopover and the Air Carrier Rules and Regulations. The Air Carrier will not be responsible for damages caused by the passenger as a result of failing to obtain these document or visas, therefore violating the rules, regulations, orders, legislations and conditions. In case the Air Carrier must pay or deposit sums for fines or has to pay
any fine because of the passenger non-observance of the rules, regulations, orders, legislations and conditions and travelling conditions issued by the visited Countries (in other words the failure to provide the requested travelling documents), the Air Carrier will ask the passenger to refund all the amounts paid or deposited for all the expenses incurred. For this payment, the Air Carrier can use any other sum paid for services not yet executed or other sums paid for any reason by the passenger.
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| 13.2 Travelling documents |
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Before boarding, the passenger is requested to show all the relevant entry and leaving documents and any other document requested by law, regulations, orders and provisions by the States involved and allow the Air Carrier to make a copy.
The Air Carrier can refuse transportation to those passengers who do not obey the relevant laws, regulations, orders and provisions and when the documents are not in order
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| 13.3 Entry denied |
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If a passenger is refused entry to a country, they must pay any fine, penalty or charge imposed on the Air Carrier by the government concerned and refund the Air Carrier the fare for transporting the passenger back to place of departure or anywhere else outside the Country where entry has been denied. The Air Carrier will not refund the fare for carrying the passenger to the place where entry was denied or banishment took place.
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| 13.4 Customs inspection |
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If necessary, the passenger must be present when both checked and non checked baggage is inspected by customs or other government officials. The Air Carrier will not be liable towards the passenger for any damage suffered in the course of an inspection or because the passenger was not present.
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| 13.5 Screening |
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The passenger must allow the Air Carrier, government officials and airport officials to carry out security screening checks. |
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Article XIV - SUCCESSIVE CARRIERS |
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| 14.1 General |
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If other carriers are involved in performing carriage under a conjunction ticket, this will be regarded as a single operation for the purposes of the Navigation Code, Convention and Common legislation and any other administrative rule or regulation.
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Article XV - LIABILITY FOR DAMAGE |
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| 15.1 Applicable laws |
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Transportation is subject to conditions of carriage and limitations about responsibility as stated in Regulation (CE) n. 2027/97 and amended by Regulation CE n.889 dated 13 May 2002 and, for what not included, by the Convention. The above mentioned regulations are applied to transportation when the Air Carrier is the contracting or actual carrier and therefore, it is not operating in those cases in which the Air Carrier simply issues the ticket on behalf of the carrier whose name appears on the same for transportation on its routes. For what not included in Regulation CE n. 2027/97, any exclusion or limitation of responsibility for the Air Carrier will be extended to benefit its agents, employees and reps and any natural or legal person whose aircraft are used by the Air Carrier for transportation, including agents, all the employees, reps and the persons in charge of that natural or legal person.
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| 15.2 Generals for passengers and baggage |
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Responsibility will be totally or partially reduced depending on the passenger's total or partial contribution to the determination of the damage according to the applicable laws. The Air Carrier is responsible only for damage occurring during services carried out with its identification code. The Air Carrier issuing a ticket or accepting checked baggage for transportation on another carrier flight is solely considered as authorised representative. However, in case of damages to checked baggage, the passenger can make a complaint to both air carriers. The Air Carrier will not be responsible for damages resulting from its observance of the Authority rules, regulations, orders or legislations, or by the passenger's non-observance of the same. The Air Carrier is not responsible for damages to the passenger or their baggage due to the content of the baggage. In case the content of the passenger's baggage causes damages to another passenger and their baggage, or to the Air Carrier property, the passenger must reimburse the Air Carrier for all the resulting damages and expenses. The Air Carrier responsibility is limited to proved damages and in any case the Air Carrier is not responsible for indirect or consequential damages or any other form of damage which cannot be refunded. According to Regulation CE 2027/97, the Air Carrier is not responsible for any illness, injure or disability (including death) ascribable to the passenger's age and health conditions or deterioration of the same.
Unless otherwise specified, any rule contained in Regulations implies waiver by the Air Carrier of any exclusion or limitation of responsibility established by the common legislation, Convention or any other applicable law. |
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| 15.3 Air Carrier liability for passengers and baggage |
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According to art 6 Reg CE n. 2027/1997 amended by Reg CE n. 889/2002
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| 15.3.1 Liability for the death or injury |
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The Air Carrier liability for proved damages sustained in the event of death or any bodily injury shall not be subject to any financial limit. For any damages up to and including the sum of the equivalent of 128,821 SDRs (approximate equivalent in local currency), the Air Carrier shall not question its liability. For any sum above this, the Air Carrier can question a compensation request only if it can prove it is not its fault.
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| 15.3.2 Advanced payment |
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In case of injury or death of a passenger, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, an advance payment is required by the Air Carrier to meet immediate economic needs. In the event of death, an advance payment shall not be less than the equivalent of 16,000 SDRs (approximate equivalent in local currency).
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| 15.3.3 Delay to passengers |
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In case of delay, the Air Carrier is responsible for the damage caused unless all reasonable measures to avoid this were taken or it was impossible to take such measures. The responsibility for the delay is limited to 5,346 SDRs (approximate equivalent in local currency).
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| 15.3.4 Delay to baggage |
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In case of delay, the Air Carrier is responsible for the damage caused unless all reasonable measures to avoid this were taken or it was impossible to take such measures. The responsibility for the delay is limited to 1,288 SDRs (approximate equivalent in local currency)
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| 15.3.5 Baggage destruction, loss or damage |
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The Air Carrier is responsible for destruction, loss or damage to baggage up to 1-288 DSP (approximate equivalent in local currency) per passenger. In case of checked baggage, the Air Carrier is responsible for the damage even if it is not its fault, unless there is a problem with the baggage. In case of un-checked baggage, the Air Carrier is responsible only if it is its fault.
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| 15.3.6 Higher liability for baggage |
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Passengers can benefit of a higher limit of responsibility granting a special declaration no later than while checking-in and paying an extra charge according to the fare applied by the Air Carrier.
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| 15.3.7 Baggage complaints |
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In case of damage, delay, loss or destruction of the baggage during the flight, the passenger has to make a written complaint to the Air Carrier as soon as possible. In case the checked baggage is damaged, the passenger has to make a written complaint within 7 days and in case of delay within 21 days from the date in which the baggage was returned to the passenger.
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| 15.3.8 Contracting carrier and actual carrier liability |
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In case the actual carrier is not the contracting carrier, the passenger is entitled to present request for a refund or a complaint to both. In case the air carrier name or code is shown on the ticket, this is the contracting carrier. |
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Article XVI - CONDITIONS FOR CLAIMS AND LEGAL ACTIONS |
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| 16.1 General |
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Any right to passengers and baggage damage refunds, even if made according to CE Regulation 261/2004, will not be accepted in case the request is not made within 2 years from the arrival, or expected arrival, of the aircraft at destination.
Accepted delivery without any written reservation is considered as baggage delivered in good conditions according to transportation contract. In case the passenger wants to complain for damages to checked baggage, it is essential to make an immediate request of complaint within 7 days of baggage delivery. In case of delay, the complaint must be made within 21 days of the baggage delivery date. Any complaint has to be made in writing.
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| 16.2 Requests of compensation according to Reg.ce 261/2004 |
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Requests of compensation according to Reg. CE no. 261/2004 must be sent in writing by the passengers to Neos SpA, including ID document and any requiring passenger's coupon; Neos SpA will answer within 42 days from receiving date.
Neos SpA retains the right to decline requests sent by third parties in case the passenger has not previously personally sent a complaint to Neos SpA and the 42 days deadline mentioned in art 16.2.1 is expired. In case the passenger is unable to act, a guardian can present the request on their behalf; Neos Spa in this case can ask the guardian proof of the passenger power of attorney.
In any case, Neos SpA retains the right to decline requests sent by third parties when attached documentation proving the passenger power of attorney is not included. |
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| 16.3 Prohibition on transferring claims and payment delegation |
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Rights to compensation according to Reg. CE n 261/2004, and/or compensation to damages and/or refunds owned to the passenger, as well as rights to payment of the sum corresponding to compensation, refund of penalties and fines pertaining to Neos SpA, originating and/or relative to transportation contract and its implementation or non- implementation, cannot be transferred to third parties, unless otherwise specified by the Italian law.
Any payment of sums corresponding to what above mentioned will be made only and exclusively by bank transfer or any other electronic tool on the bank account or credit card used by the passenger for the payment and, in case of being unable to act, to the power of attorney.
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Article XVII - CHANGES AND WAIVERS |
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No agent, employee or servant of the Air Carrier is entitled to change, modify or cancel the Regulations presented in these Conditions.
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Article XVIII - ARTICLE TITLES |
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Article titles are reported only to allow an easier consultation and are not integral part of these Regulations.
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