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GENERAL CONDITIONS OF CARRIAGE

FOREWORD

These General Conditions of Carriage regulate the contract for the provision of passenger and baggage air transport services.

These General Conditions of Carriage are applied to persons who, for whatsoever reason, make use of the air transport service provided by STC Aviation (hereafter, “passengers”).

Herebelow “Carrier” refers to STC Aviation and, where applicable, any other party which provides the transport service for whatsoever reason.

The General Conditions of Carriage are also applicable to the party, other than Carrier as defined above, which while not an auxiliary or agent of Carrier provides the transport service agreed with the passenger, entirely or in part, based on agreements with Carrier (e.g. code sharing, charter, etc.).

The General Conditions of Carriage are not normally applicable in the case of transport other than by air. They are however applicable to transport, including transport other than by air, performed outside an airport if such transport is essential for boarding, deboarding or the transfer of passengers and baggage, as part of the performance of a contract of air transport by means of an aircraft provided by Carrier.

 

ARTICLE 1

DEFINITIONS

For the purposes of these General Conditions of Carriage, without prejudice to every other explicit indication, the terms and definitions below have the meaning given.

Pets

Pets are domestic animals which may travel in the cabin depending on their their nature, weight and size.

Auxiliaries or agents

Persons, entities or companies other than Carrier and its employees, who provide passengers with auxiliary or accessory services such as, by way of example and without limitation, handling agents, airport operators, etc.

They have independent powers of negotiation and are directly liable for any damage caused to passengers.

Baggage

Passengers’ cabin baggage, which is not entrusted to the custody of Carrier but carried into the aircraft cabin by passengers at their own risk and responsibility.

Said baggage may only be carried in the cabin if its dimensions are within the limits established by applicable regulations and suitable with regard to the characteristics of the aircraft in which the passenger travels.

Cabin

The part of the aircraft in which passengers and their hand baggage travel.

Call Center

The Carrier’s telephone assistance center, which can be called to receive information on the air transport service.

Consumers

Passengers who have stipulated a contract of carriage with Carrier for purposes other than business or professional activities.

Damage

A proven and effective prejudice that can be quantified in money terms, occurring to the passenger or goods transported by same as a result of an event taking place during air transport: such prejudice is an immediate and direct effect (actual damage) of the event and may take the form of a loss of future earnings (loss of anticipated earnings), with the exclusion in any case of damage which is indirect and/or consequent and/or unforeseen at the time of stipulating the contract of carriage.

Day of departure

The date scheduled for the flight. This is agreed from time to time by Carrier and passengers according to the needs of both and in any case in accordance with the general indications provided by Carrier for organisational reasons.

Denied boarding

The refusal by Carrier, pursuant to current legislation, to carry a passenger on a flight, even though the passenger has arrived for boarding as required and at the time previously agreed by Carrier and the passenger or, if no time is given for presentation, no later than 15 minutes prior to the time of departure, unless there are reasonable grounds to refuse to carry the passenger, such as reasons of health, safety, security or adequacy of travel documents.

Boarding and deboarding operations

The operations performed by Carrier between the airport building and the aircraft and vice versa.

So far as concerns passengers and baggage:

− boarding operations start on leaving the airport gate and end on entering the aircraft;

− deboarding operations start on leaving the aircraft and end on entering the airport building.

Time of departure

The time on the Day of Departure scheduled for the start of the flight. This is agreed from time to time by Carrier and passengers according to the needs of both and in any case in accordance with the general indications provided by Carrier for organisational reasons.

Website

The website where these General Conditions of Carriage and further information connected with or relating to same may be found.

Fare

The fare, duly authorised where necessary by the competent authorities, made available through Carrier’s distribution channels, website or call center.

It establishes the overall price of the transport, together with any eventual supplements, as well as the taxes and other charges required by law.

Air transport

The service provided by Carrier to passengers in relation to a contract of air transport and the period from the start of boarding operations to the end of deboarding operations, during which Carrier provides the service in question.

Sector

Each individual national or international sector of a flight as agreed from time to time by Carrier and passengers according to the needs of both and in any case in accordance with the general indications provided by Carrier.

Flight or Journey

The travel itinerary, which may consist or one or more sectors.

 

ARTICLE 2

APPLICABLE LAWS AND REGULATIONS AND ACCEPTANCE OF THESE GENERAL CONDITIONS OF CARRIAGE

2.1. The air transport of passengers and baggage is regulated by the following rules and regulations, as applicable from case to case:

-        the rules established by the Italian Civil Code;

-        the rules established by the Italian Code of Navigation;

-        the provisions of Regulation (EC) no. 2027/97, as amended and supplemented by Regulation (EC) no. 889/02;

-        the provisions of Regulation (EC) 261/2004;

-        the provisions of the Montreal Convention;

-        the provisions of Regulation (EC) no. 1107/2006;

-        other Italian and foreign regulations.

2.2. These General Conditions of Carriage have been drawn up in compliance with the provisions of current air transport legislation.

In the event of any conflict between these General Conditions of Carriage and applicable legislation, the latter prevails over the General Conditions of Carriage, while the clauses which are not incompatible with such legislation remain valid and effective.

2.3. Transport on an aircraft at the disposal of Carrier presumes and implies full knowledge and acceptance by passengers of these General Conditions of Carriage.

2.4. These General Conditions of Carriage are subject to amendment and/or updating by Carrier, which will promptly communicate same by means of the website. No agent or employee of Carrier has the power to replace, modify or cancel the clauses in these General Conditions of Carriage.

 

ARTICLE 3

TRAVEL DOCUMENT AND CONFIRMATION CODE

3.1. Carrier undertakes to provide the air transport service only to passengers who hold a valid travel document and the relative confirmation code.

3.2. All travel documents, however issued, are non-refundable, unless the provisions of article 11 below apply.

3.3. The travel document may not be transferred to third parties either by inter vivos deed or due to death, without prejudice to the possibility of changing the name as indicated in article 10 below.

3.4. The travel document is valid only for the flight and date agreed, without prejudice to the possibility of changing the date as indicated in article 10 below.

 

ARTICLE 4

FARE AND ACCESSORY EXPENSES

4.1. Fares include exclusively carriage from the airport of departure to the airport of final destination, unless otherwise expressly agreed, and do not include land transport services between airports and between airports and city terminals. In addition to the fare, where not expressly agreed, the passenger will pay all duties and taxes levied by the Government or other authorities, including airport taxes relating to passengers and the use of services, as well as fuel supplements and surcharges and administrative and issue charges.

4.2. The fare must be paid by passengers to Carrier, together with any supplementary fares, taxes and other charges, at the time of stipulating the contract of carriage.

4.3. The fare applicable from time to time is available through Carrier’s distribution channels, call center and website.

4.4. Passengers are liable to pay taxes and other additional charges applicable to carriage, not included in the fare, which are required by law or requested by Government authorities or other competent entities, and in particular airport taxes relating to passengers, baggage, use of services or infrastructure, the operations & security tax, supplements and fuel surcharges, and administrative and issue duty.

4.5. Taxes and charges applicable to air transport services may be subject to amendment based on legal provisions or measures introduced by the competent authorities; in the event of an increase in any tax or charge, or of the introduction of a new tax or charge, passengers are bound to pay Carrier the extra amount deriving from such increase or introduction up to the date of the flight.

4.6. Passengers under 24 months old (on the date of the flight) fly free of charge, sitting on an accompanying adult’s lap, but do not have the right to any supplementary baggage over and above that of the adult accompanying them.

4.7. The Carrier has the right to deny passengers carriage if the fare and any supplementary fares, taxes and charges have not been duly paid.

 

ARTICLE 5

BOOKING AND PURCHASE OF TRAVEL DOCUMENT

5.1. Travel documents may be booked and purchased through the website or call center.

5.2. Carrier guarantees that the booking and purchase of travel documents through the website or call center are in compliance with current legislation.

5.3. Carrier, after verifying that the passenger has paid the fare, taxes and charges, informs same of their confirmation code (by email sent to the address provided by the passenger in the event of payment online or through the call center).

5.4. If payment as indicated in the previous point has not been completed or made for any reason, Carrier may refuse carriage.

5.5. Carrier, in the event it acquires passengers’ personal data needed to perform the contractual obligations undertaken with regard to same, undertakes to ensure that such data may be accessed exclusively by Carrier’s operating and commercial staff, as well as by third party suppliers in connection with the performance of the transport service.

Carrier, as “Controller” of data processing operations, also managed automatically, asserts that that the data in question will be used exclusively for the purposes indicated, in compliance with the “Personal Data Protection Code” (Italian legislative decree no. 196/2003).

 

ARTICLE 6

PASSENGER CHECK-IN AND BOARDING

6.1. Passengers must present themselves for boarding as required and at the time previously agreed with Carrier or, if no time is given for presentation, no later than 15 minutes prior to the time of departure: the time of departure, like the day of departure, is agreed from time to time by Carrier and passenger according to the needs of both and in any case in accordance with the general indications provided by Carrier.

6.2. The time limit for passenger check-in may vary according to the airport of departure; passengers are therefore required to obtain information about the various time limits and comply with same.

6.3. Passengers must arrive at the point of boarding indicated no later than the agreed time limit, in possession of a valid identity document and the relative booking confirmation code.

Passengers must also present valid entry documents as required by current legislation in the destination country. It is the sole responsibility of passengers to ensure compliance with all essential provisions for the purposes of completing the journey (current regulations in the various countries regarding passports, visas, health certificates and additional requirements imposed by the competent authorities).

6.4. Carrier is not liable for any cost, expense, penalty or consequence incurred by passengers due to failure to comply with requirements or to be in possession of the documents requested, nor will Carrier refund the fare in the event the country of destination denies entry; passengers are required to refund Carrier for any and all fines or other money sanctions imposed, as well as for the expenses and costs incurred due to denied entry.

If passengers arrive for boarding later than the time previously agreed with Carrier or, if no time is indicated, later than the aforementioned 15 minutes prior to the time of departure, also agreed from time to time by Carrier and passengers, or are not in possession of the necessary documents and requirements, Carrier may deny boarding and shall in no case be held liable for any damages, nor will passengers have the right to any refund.

Passengers are bound to accept all security checks legitimately performed by the competent authorities, by other authorised parties or by Carrier, in compliance with current legislation.

 

ARTICLE 7

DENIAL OF BOARDING AND LIMITATIONS OF TRANSPORT - PASSENGERS WITH REDUCED MOBILITY

7.1. Carrier may legitimately refuse to carry any passenger or their baggage for security reasons. Specifically, but without limitation, this may occur in the following cases:

- denial of carriage is deemed necessary, at Carrier’s discretion, to comply with the laws, regulations or rules of any state of origin, destination or overflight;

- carriage of the baggage may represent a threat for the safety or health of other passengers;

- the conduct, age or physical/mental conditions of the passenger are such as to require special assistance by Carrier and the manner of such carriage has not been agreed on a prior basis with Carrier, or which may cause danger, discomfort or disturbance to other passengers, or may cause risk or danger to the passenger her or himself or to other persons and things;

- passenger has not complied with instructions given with regard to the safety and security of the flight;

- passenger has indulged in illicit or undisciplined conduct on a previous flight and there is the risk that such conduct may be repeated;

- passenger has refused security checks;

- passenger has not paid the fare, taxes and other charges;

- passenger is not in possession of the necessary documents and requirements;

- the travel document and confirmation code issued by Carrier and presented to passenger have been obtained illegally, counterfeited, tampered with or issued in a name that does not correspond to the identity of the person presenting same.

7.2. Without prejudice to the provisions of Regulation (EC) 1107/2006 and of article 7 below, Carrier is available to permit and facilitate the carriage of the disabled, pregnant women, people with illnesses, the handicapped, people in wheelchairs (with the exception of wheelchairs powered by spillable batteries, which may not be carried in any circumstances), people who have difficulty walking or other people requiring special assistance, who must nevertheless remember that the technical features of the transport service and of the aircraft used to provide such service could in certain cases prevent or limit use. For this reason, said persons shall provide adequate information on a prior basis to Carrier, which reserves the right to accept or deny carriage. Carrier may likewise accept or deny carriage of unaccompanied minors under 14 years of age (even though they possess written authority issued by their parents and/or legal guardians).

Passengers with plaster casts, who suffer from asthma, who have pacemakers or are in physical conditions such as to require medical assistance, and likewise women who have entered the final four weeks of pregnancy, in addition to informing Carrier appropriately, must also be in possession of a medical certificate, issued no more than 15 days prior to departure, certifying fitness to fly and must present the relative documentation at the time of departure. Blind passengers who intend to travel with a guide dog, in addition to informing Carrier, must be in possession of documentation certifying that the dog is a trained guide dog and present such documentation at the time of boarding; as no free seats are provided for guide dogs, they must therefore travel on the floor at the passenger’s feet wearing a special identification harness.

7.3. Differently abled passengers and passengers with reduced mobility (“PRM”), including passengers who have difficulty using aircraft as a result of any physical disability, mental handicap or any other cause of disability, have the right to the forms of protection provided by Regulation (EC) 1107/2006.

7.4 Carrier may deny boarding to a PRM exclusively for reasons of security or safety, or if the size of the aircraft or its hatches make the boarding or carriage of the person with a disability or reduced mobility physically impossible. In the event of denial, Carrier is bound to inform passenger of the reasons for the denial and on request provide same in writing within five working days, as well as in any case proposing an alternative flight or the refund of the ticket. If a booking is not accepted for the above reasons, Carrier is bound to make every reasonable effort to propose an acceptable alternative to the passengers involved. With the exception of the above, Carrier may not deny carriage to a PRM if same is in possession of a valid travel document and has made request for assistance in accordance with the provisions of article 7.5 below.

7.5 To receive assistance, passengers with reduced mobility must request same from Carrier or the travel agent who makes the booking, giving at least 48 hours notice before the published time of departure. On receiving such request, Carrier must transfer all the information in question at least 36 hours prior to the published time of departure of the flight to the operators of the airports of departure, arrival and transit and, if necessary, to the effective carrier operating the flight to which the request for assistance refers.

7.6. When a PRM arrives in the airport for a flight, the airport operator is required to provide assistance at no extra cost in such a way that said person may catch the flight they have booked, on the condition that the request for assistance was notified to Carrier or the travel agent at least 48 hours prior to the published time of departure. Such notice must also indicate the return flight, if the outbound and inbound flights have been purchased from the same air carrier.

 

ARTICLE 8

BAGGAGE

8.1. For the purposes of flight safety, passenger has the right to 2 items of cabin hand baggage at no extra charge, weighing a maximum of 15 kg and of dimensions such that the sum of the three sides does not exceed 115 cm.

8.2. Passengers under 24 months of age (on the date of travel) have no baggage allowance; strollers, prams and travel cots are carried, even when exceeding the size limits given in point 8.1. above, but within the weight and size limits permitted by the technical characteristics of the aircraft, at no extra charge.

8.3. Objects such as musical instruments, golf clubs, skis and other sports equipment, etc., may be accepted for carriage only after their weight and size has been communicated to Carrier and Carrier has authorised their transport.

Passengers must inform Carrier of their wish to carry the aforementioned objects for the purposes of verifying availability for transport; if such availability is not forthcoming, Carrier may refuse to accept carriage.

8.4. Carrier accepts no liability for perishable, fragile or unsuitably packaged objects, nor for slight damage to the outside surface of bags (such as, for example, stains, scratches, damage caused by water on non-waterproof bags), in accordance with current legislation.

In the event of damage to baggage other than that described above, Carrier is liable up to the limits established by current legislation.

 

ARTICLE 9

DANGEROUS OBJECTS IN BAGGAGE - PETS

9.1. For reasons of safety and security, as required by strict legal provisions, objects may not be packed in baggage that could represent a risk to the aircraft or to the persons or things on board same, such as, by way of example but without limitation:

− compressed gasses (coolant, inflammable, non-inflammable and toxic substances) including butane, oxygen, liquid nitrogen, camping gas and air canisters for breathing equipment;

− corrosive substances including acids, alkalies, mercury and spillable batteries;

− explosives, weapons and ammunition, detonators, fireworks and rockets;

− inflammable liquids and solids, including cigarette lighters and fuel for same, matches, paints and solvents;

− other dangerous objects including materials which are magnetic, harmful or toxic, which have an unpleasant smell or are irritants, or oxidants such as bleaching powder and peroxides;

− poisons and infective substances, insecticides, herbicides and materials containing pathogenic agents;

− radioactive material;

− alarm devices and any lithium batteries installed to provide power; dry ice;

− underwater flashlights with batteries in place;

− items which it is prohibited to transport (in hold and/or cabin baggage) pursuant to current legislation in the countries of departure, destination and overflight;

9.2. Firearms and ammunition may not be carried as baggage for purposes other than hunting and sport, on the condition that the passenger is in possession of the relative authorisations and that carriage takes place in compliance with national and EU legal provisions and regulations.

9.3. The use is prohibited on aircraft of all portable electronic devices, with the exception of hearing aids, pacemakers, electric razors, portable music players (which do not use laser or digital technology), portable computers not connected either to printers or CD readers, limited to when the aircraft is cruising and on specific approval by the Captain.

9.4. Passengers have the right to carry items and products required for health-care purposes, medicines and cosmetics in quantities limited strictly to that necessary for personal use.

The above must in any case be in compliance with safety regulations in force in the countries of origin, destination and overflight and in the manner established by such provisions.

9.5. For reasons connected with the security of the aircraft and passengers, Carrier may require passengers to accept checks and inspections of their persons or baggage, also by means of special electronic or x-ray equipment.

If passengers do not accept such checks and inspections, Carrier reserves the right to refuse carriage of the passenger and their baggage.

9.6. Carrier accepts the carriage of small pets (no more than one per passenger) only on the condition that same do not weigh more than 10 kg and are no more than 50 cm long, that they are suitably accommodated in special containers for air transport, are provided with the sanitary and vaccination certificates required, and are in possession of the entry permits and other documents required by the countries of origin, destination and overflight.

Passengers must inform Carrier of their wish to carry pets for the purposes of checking availability. If such availability is not forthcoming, Carrier may deny acceptance and carriage.

9.7. The provisions of the previous article are applied to the extent they are compatible.

 

ARTICLE 10

CHANGE OF NAME AND DAY OF DEPARTURE

10.1 The name of the passenger eligible to be carried may be changed up to 2 hours prior to the time of departure.

Passengers may change the name on the ticket by contacting Carrier’s distribution channels or call center, or by visiting the website.

10.2. Changing name attributes any accessory services purchased by the previous passenger to the new passenger (who accepts these General Conditions of Carriage by using the service); in any case, Carrier is not bound to make any refund for any supplementary charges paid by the previous passenger, even in the event the new passenger does not make use of the accessory services from which the application of the supplementary charge derived.

10.3. Subject to agreement from time to time by Carrier and passenger according to the needs of both and in any case in accordance with the general indications provided by Carrier, the day of departure may subsequently be modified by agreement between Carrier and passenger, following an availability check by Carrier, up to 12 hours prior to the time of departure, exclusively for a flight covering the same route.

To this end passengers must contact Carrier’s distribution channels or call center, or visit the website to check the availability of another departure date.

 

ARTICLE 11

TIMETABLES, DELAYS, FLIGHT CANCELLATIONS, DENIED BOARDING

11.1. On booking, Carrier shall inform passenger of the time of departure agreed between the parties.

If Carrier is forced to modify the departure time, Carrier will inform passenger of the change with due notice, by means of the call center or website.

11.2. Carrier adopts all possible measures which may reasonably be performed to avoid passenger and baggage delays, flight cancellations and denied boarding.

11.3 Without prejudice to the provisions of Regulation (EC) 261/2004 and to the rights reserved for passengers on the basis of such regulations and applicable law, in addition to those accruing in relation to the other clauses in the General Conditions of Carriage with regard to the third party liability of Carrier in the event of delays, flight cancellation and denied boarding, passenger may rely on the rights provided by Regulation (EC) 261/2004, as summarised below, which establish the limits of liability of Carrier:

 

- 1. DENIED BOARDING

Before denying boarding, Carrier shall first call for volunteers to surrender their reservations in exchange for benefits to be agreed. Only when the number of volunteers is insufficient may Carrier deny boarding to passengers against their will, and provide them with that indicated in points 4A, 4B and 4C below.

- 2. CANCELLATION

In the event of the cancellation of the flight, Carrier will provide passengers with that indicated in point 4A below, unless they have been informed of the cancellation:

●      at least two weeks before the scheduled time of departure;

●      between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival;

●      less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

Carrier will provide passengers with that indicated in points 4A, 4B and 4C below, but shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

- 3. DELAY

When the flight is delayed beyond its scheduled time of departure:

●      for two hours or more in the case of flights of 1,500 km or less;

●      for three hours or more in the case of all intra-Community flights of more than 1,500 km and of all other flights between 1,500 and 3,500 km;

●      for four hours of more in the case of all flights over 3,500 km outside the European Union;

Carrier will provide passengers with that indicated in point 4C below.

When the delay is at least five hours, Carrier will provide passengers with that indicated in point 4B below.

In any event, the assistance shall be offered within the time limits established with respect to each distance bracket.

- 4. PASSENGER RIGHTS

A. The money compensation established amounts to: 

●      EUR 250 for flights up to 1,500 km;

●      EUR 400 for intra-Community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km;

●      EUR 600 for all flights of more than 3,500 km outside the EU.         

When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by two, three or four hours respectively, Carrier may reduce the compensation indicated above by 50%.

B. Passengers shall be offered the choice between:

●      reimbursement within seven days without penalty of the full cost of the ticket for the part of the journey not made or also for the part or parts of the journey already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan;

●      together with, when relevant: a return flight to the first point of departure, at the earliest opportunity;

●      re-routing, under comparable transport conditions, to their final destination at the earliest opportunity;

●      re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to seat availability.

In the case of a city or region served by several airports, the cost of transferring the passenger from the airport of arrival to the airport for which the booking was made will be borne by Carrier.

C. Passengers have the right, free of charge, to:

●      meals and refreshments in a reasonable relation to the waiting time;

●      suitable hotel accommodation where a stay of one or more nights becomes necessary;

●      two telephone calls, telex/fax messages, or e-mails;

●      transport between the airport and place of accommodation (hotel or other).

In the case of denied boarding in the framework of a package, passengers must promptly raise a claim by registered letter directly with the tour operator.

- 5. CLAIMS AND REFUNDS

Money compensation will be paid in cash by bank transfer, paying money in or bank cheque.

Letters of claim and/or refund or money compensation requests shall be sent promptly by registered letter with return receipt to the customer care service.

Claims for refunds and/or money compensation must contain the contact and bank details needed for the bank transfer.

Statements requested verbally at Carrier’s offices and/or airport representative will not be issued.

11.4. Passengers who are not present at the boarding gate by the time previously agreed with Carrier or, if no time is given, no later than 15 minutes before the time of departure (also agreed from time to time by Carrier and passenger), or who are not in possession of the necessary documents or requirements, have no right to any refund in relation to the unused flight, like passengers who forego the flight, in accordance with current legislation.

11.5. If the departure of the passenger is prevented for reasons attributable to Carrier, Carrier is bound to refund the amount paid by the passenger pursuant to and for the purposes of current legislation.

11.6. Compensation of higher damages is in any case excluded.

 

ARTICLE 12

CONDUCT ON BOARD

If passengers on board aircraft endanger the safety of the flight, or disturb other passengers and/or the crew and/or cause damage to the aircraft and/or items carried, or do not comply with the instructions of the crew with regard to proper conduct on board, Carrier will take all the necessary measures to prevent or limit such conduct, including the use of force within the limits provided by the law.

 

ARTICLE 13

CARRIER’S LIABILITY FOR PERSONAL INJURY TO PASSENGERS

13.1. The carriage by air of passengers and baggage is regulated by the following regulations, where applicable:

a) Regulation (EC) No. 2027/97, as amended and supplemented by Regulation (EC) No. 889/02;

b) the Montreal Convention;

c) other Italian and international regulations;

d) these General Conditions of Carriage.

13.2. Carrier is liable, up to the limits provided in these General Conditions of Transport and up to the limits provided by applicable legislation, for the damage deriving from the injury or death of the passenger, on the condition that the event that caused the death or injury occurred on board the aircraft or during boarding or deboarding operations.

13.3. Carrier may not exclude or limit its liability for damages due to the death or injury of the passenger up to the amount of SDR (Special Drawing Rights) 100,000 (equivalent at the time of writing to about €114,730).

13.4. Carrier is not liable for damages due to the death or personal injury of the passenger amounting to more than SDR 100,000 (equivalent at the time of writing to about €114,730), if it proves that the damage is not attributable to Carrier.

13.5. If due to their age or mental/physical state passengers are in conditions such that air transport entails a risk or danger for same, Carrier shall not be liable either for the worsening of such state, nor for the onset of any illness, injury or invalidity, nor for death attributable to such state.

13.6. The insurance coverage taken out by Carrier against liability with regard to passengers is adequate and in compliance with applicable regulations.

13.7. Carrier, without delay and in any case no later than 15 (fifteen) days from identification of the natural person to whom compensation is payable, shall make advance payments needed to pay for immediate necessities and in proportion to the damage suffered.

In the case of death, advance payments will not be less than SDR 16,000 (equivalent at the time of writing to €18,397).

An advance payment does not constitute any recognition of liability and may be deducted from any further amount owing based on Carrier’s liability.

Carrier shall have the right to request the full or partial return of such advance if same is not payable or in the event that the person receiving the advance is not the person entitled to compensation.

 

ARTICLE 14

CARRIER’S LIABILITY FOR DAMAGE TO PASSENGER BAGGAGE

14.1. Carrier is liable for damage deriving from the destruction, loss or deterioration of the baggage carried if such damage is due to its own fault or the fault of its employees or designates.

14.2. Carrier’s liability may not exceed the amount of SDR 1,000 (equivalent at the time of writing to about €1,148) per passenger.

14.3. Carrier is not liable for personal injury or damage to the baggage of passengers caused by the content of the baggage. Passengers whose objects have caused personal injury or damage to the baggage of another person or Carrier’s assets shall compensate Carrier for all damage and expenses arising.

14.4. Passengers may limit their liability by making a special declaration at the time of stipulating the contract of carriage with Carrier: such limit entails the application of a price supplement.

 

ARTICLE 15

CARRIER’S LIABILITY FOR DAMAGE CAUSED BY PASSENGER TRANSPORT DELAY

Carrier’s liability for damage deriving from passenger transport delay may not exceed the amount of SDR 4,150 (equivalent at the time of writing to about €4,762) per passenger.

Nevertheless, Carrier is not liable for damages caused by delays if it demonstrates that it and its employees and designates have taken all the measures reasonably required to avoid the damage, or in the event it was impossible for them to take such measures.

 

ARTICLE 16

COMMON REGULATIONS ON THE SUBJECT OF CARRIER’S LIABILITY

16.1. Carrier is released in full or in part from its liability towards the person claiming compensation when it demonstrates that the claimant caused the damage themselves or contributed to same due to negligence, imprudence, inexperience or as the result of an illicit act or omission.

Carrier is likewise released in full or in part from its liability in the event that, presented with a claim for compensation raised by a person other than the passenger, due to the death of or personal injury suffered by the latter, it demonstrates that the passenger caused the damage or contributed to same due to negligence, imprudence, inexperience or as a result of an illicit act or omission.

Neither is Carrier liable for damage the passenger could have avoided by using ordinary diligence.

16.2. Carrier is not liable for the damage that may derive from compliance with the law, regulations, orders or instructions issued by the authorities or by the compliance of passengers with same.

16.3. Carrier’s liability may not in any case exceed the amount of the damage proved.

16.4 Carrier is also not liable for indirect and/or consequent damage and for damage that was not foreseeable, including the ordinary effects of non-performance or illicit acts by Carrier.

16.5. All exclusions or limitations of Carrier’s liability are also applied to its agents, employees, auxiliaries and designates.

16.6. Unless otherwise established, no regulation contained herein implies the waiver by Carrier of any exclusion or limitation of liability established for the carrier by the Montreal Convention or other applicable regulations.

 

ARTICLE 17

TERMS AND LITIGATION

17.1. With regard to the carriage of passengers and baggage, all rights to compensation for damage lapse, pursuant to the provisions of Regulation (EC) No 2027/97, as amended and supplemented by Regulation (EC) No 889/02, if no lawsuit has been filed within two years from arrival at the final destination, or from the day on which the aircraft should have arrived, or from the day on which the transport was interrupted.

17.2. With regard to the carriage of passengers and baggage, all actions to obtain compensation for damages, filed for whatsoever reason in relation to the contract of carriage, may be exercised solely at the conditions and within the limits of liability set forth by these General Conditions of Carriage and applicable regulations.

17.3. Courts of competent jurisdiction for lawsuits to obtain compensation for damages are as follows, at the choice of the applicant:

1) the court where Carrier is domiciled, or

2) the court where Carrier has its main operating site, or

3) the court where Carrier owns the business that stipulated the contract, or

4) the court of the place of destination.

In the event of damage deriving from the death or injury of the passenger, the lawsuit to obtain compensation may be filed with:

1) one of the courts indicated in the previous paragraph, or

2) in the territory of the country within the European Union or, in any case, which is a signatory of the Montreal Convention, in which, at the time of the accident, the passenger has their principle and permanent place of residence (intended as the place in which, at the time of the accident, the passenger has stable and permanent domicile) and to/from which Carrier performs its air transport operations in buildings rented to or owned by Carrier or another Carrier with which same has an agreement, other than an agency agreement, regarding the supply of common services for passenger air transport.

If the applicant is a consumer, as defined in article 1 of these General Conditions of Carriage, the court of competent jurisdiction is the court of the place of residence of such consumer.

The rules of the court of competent jurisdiction are applicable.