1
– Premises and definitions –Flights are operated by Carrier Silver Air from Czech Republic
owing an Airline Operating Licence and flying according to the
European rules, with SLD designator code.
Flights are operated in
partnership with Elbafly
soc. coop. – acting as a General Sales Agent, and using the
booking web site www.silverair-elbafly.it or www.elbafly.it in order to promote services.
1.2
- Definitions – The following conditions have to be intended for the carriage of
passengers and baggage, including its corresponding reservations,
made through www.silverair-elbafly.it or www.elbafly.it As used in these General Conditions, the following terms will have
to intended as set out below, unless otherwise specified.
1.2.1
– Carrier - means, Silver
Air, Prague, Czech Republic that provides transportation services of passengers and baggage,
represented for Italy by the Swiss Company Cityline Swiss sagl),
where at the present general conditions of carriage, and at the same
time all the carriers that carry or undertake to carry passengers and
baggage
1.2.2
– Passenger - means
any person, except members of the crew, carried or to be carried by
the airline
1.2.3
– Adults – when
referring to the applicable fare means all passengers that, at the
date of travel (and in case of a round trip on the date of the return
flight) have reached the age of 12 years.
1.2.4
– Children
– when referring to the applicable fare means all passengers that, at
the date of travel (and in case of a round trip on the date of the
return flight) have the age of 2 years to 11 years.
1.2.5
- Unaccompanied
Minors - means
all passengers aged 8 years to 11 years on the date of the flight
(and in case of a round trip on the date of the return flight).
1.2.6
- Infant - means
all passengers that on the date of the flight, and in case of a round
trip on the date of the return flight, are under the age of 2
years
1.2.7
– Baggage - means
all the personal property and all the objects accompanying the
passenger in connection with his journey. Unless otherwise specified,
this consists of both Checked and Unchecked baggage
1.2.8
- Checked Baggage - means
baggage which the carrier takes into its custody and for which a
Baggage Identification Tag is issued
1.2.9
- Hand baggage - means
hand baggage which passenger takes with him on to the aircraft
1.2.10
- Baggage Identification Tag - means
a document issued solely for identification of checked baggage
1.2.11
- PIR-Property Irregular Report - means
the form, available in the airport baggage offices, for passengers’
complaints about the loss, damage or delayed delivery of
baggage
1.2.12
- Call Centre - means
the carrier’s centre for telephone assistance where all
passengers can call for
- General flights information
-
Information about online booking and purchase of tickets
- Direct
purchase of tickets
- Date, time or name changes on a ticket
already purchased
- Reconfirm booking older than 30 days
-
Requests of special assistance
1.2.13
- Special Drawing Right - means
a unit of currency fixed by the International Monetary fund in 1969,
subject to daily quotation, available in the financial pages of major
newspapers
1.2.14
- Montreal Convention - means
the convention for the unification of certain rules relating to
international carriage by air, signed in Montreal on the 28th May
1999
1.2.15
- Web Site - means
the web site www.silverair-elbafly.it or www.elbafly.it where all the information about offers and purchase of tickets are
available
1.2.16
– Document of Transportation and Booking reference - mean
the Document of Transportation, given by the airline, that identify
the reservation made by the passenger and confirmed by the airline,
after verifying the payment of fare, taxes and fees
2
– Knowledge and acceptance of the present general conditions of
carriage
2.1
– Examination
of general conditions of carriage – The
present general conditions of carriage must be examined by the
passenger before the purchase of the ticket. This can be done either
online on the website through www.silverair-elbafly.it or www.elbafly.it or by calling the call centre before making a reservation.
2.2
– Modification
of general condition of carriage – The
present general conditions can be updated or modified by the carrier
at any time; any change will by promptly notified by the carrier
through the web site through www.silverair-elbafly.it or www.elbafly.it
2.3
– Acceptance
of general conditions of carriage/Liability of the passenger –
The
purchase of the ticket implies the full knowledge of these General
Conditions of Carriage and its total acceptance; if the purchase is
made online the passenger undertakes to print and keep these General
Conditions of Carriage; furthermore, when a change of the booking is
made, the passenger undertakes to print and keep these General
Conditions of Carriage
A
– CONDITIONS OF PURCHASE
3
– Reservation and purchase of the ticket
3.1
– Purchase methods – Tickets
can be purchased:
3.1.1 – Online
through our web site www.silverair-elbafly.it or www.elbafly.it
3.1.2
– Through
call centre:
a – calls from Italy: for reservations,
changes, general information and special assistance requests and for
ticket purchase the telephone number is 0565/977900
b - calls from
outside Italy: Tel. 0039. 0565.977.900 .
3.1.3
– At Elbafly office by the Airport of Elba (Marina di Campo)
3.1.4
– At any registered travel agency
3.2
– Ticket
purchase
3.2.1 – Reservation
and payment at the same time – Reservation
and payment must be completed at the same time. Payment of the fare,
taxes, fees and charges must take place at the time of reservation.
The carrier will check if the payment of the fare, taxes fees and
charges applicable is correct and will send the passenger a “Travel
Document” with the booking
reference.
3.2.2
– Booking Cancellation – In
case payment is not made properly, the carrier has the right to
cancel the reservation.
3.3
– Confirmation and Booking Reference
3.3.1
– Online reservations – For
online reservations through the website www.silverair-elbafly.it or www.elbafly.it,
passenger will receive an e-mail with the Travel Document including
booking reference, flight and payment details.
3.3.2
– Reservations through the call-centre – For
reservations made through the call-centre, the passenger can receive
the Travel Document with confirmation of booking and flight details
in of the following ways:
a – by e-mail
b – by fax
c – by mail (with a surcharge of 7 € only for
Italy)
3.3.3
- Reservations through a registered travel agency – For
reservations made through a registered travel agency, the travel
agent will take the responsibility to provide the passenger with the
Travel Document with the booking reference and all flight and payment
details.
3.4
– Ticket purchase time limits
3.4.1
- On-line purchase – For
reservations made through the website, tickets can be bought up to 2
hours before the departure of the flight.
3.4.2
- Purchase
through the Booking office by the Airport of Elba – When
the reservation is made through the booking office by the airport of
Elba, tickets can be bought up to 30 minutes before the departure of
the flight
3.4.3
– Purchase
in qualified airport ticket offices – When
the reservation is made in a qualified airport ticket office tickets
can be bought up to 2 hour prior to departure
3.5
- Validity period - A
reservation is valid until December 31st,
2009.
3.6
– Flight Connections – The
carrier is a strictly ‘point to point’ airline. The
carrier does not offer connection flights and accepts no
responsibility for lost connections
3.8
– Number
of tickets per transaction – You
can book up to 10 passengers per transaction
4
– Fares and payment methods
4.1
– Fares – Fares
apply only for carriage from the airport at the place of departure to
the airport at the place of destination only for the passenger
included in the confirmation and for the times shown on it. Fares do
not include ground transport between airports and/or airports and
town terminals. Fares are calculated in accordance with our tariff in
effect on the date of the reservation. Every fare has a limited
number of seats available. Fares can vary before the date of
departure in accordance with the number of seats available when the
reservation is made
4.1.1
– Right to refuse carriage - The
carrier reserves the right to refuse carriage in case the payment of
the fare, taxes and fees is not made properly
4.1.2
– Taxes, fees and charges – Taxes
and fees in passengers ticket refer to the taxes imposed by the
government and by the airport authority for the carriage of
passengers, their baggage and for all ElbaFly’s services
included in it, and also to "fuel surcharge”.
In order to afford the heavy cost for transaction with Credit Card passengers are charged with additional administration fee.
The
total amount of taxes and fees will be communicated to the passenger
during the reservation process.
Important notice: Increasing of
taxes and fees - in case of introduction of new taxes and fees, or in
the event of an increase after the reservation is made, the company
retains the right to charge the passengers before the departure of
the flight.
4.1.3
- Increasing
of taxes and fees - In
case of introduction of new taxes and fees, or increasing of them
after the reservation is made the company reserves the right to ask
for its payment before the departure of the flight
4.2
– Currency – Fares,
taxes fees and charges are payable in the currency indicated by the
carrier at the time payment is made
4.3
- Infant – Infant
passengers who, on the date of the flight, and in case of a return
ticket on the date of the return flight are aged between 8 days and
23 months are allowed to travel in their parent’s lap paying a
fare of 30 € per flight. Only one infant per adult is allowed.
Infant passengers are not entitled to a personal baggage but only to
the baby carriage. Adult passengers has to be aware that the airplane
is not pressurized (see also Art. 8).
4.4
– Payment methods
4.4.1
– Online reservation and reservations through call centre – Tickets
purchased through the website www.silverair-elbafly.it or www.elbafly.it or through the call centre can be paid by credit cards like
MasterCard, Visa, American Express.
4.4.2
– Reservations
in qualified airport ticket office - Tickets
purchased through qualified airport ticket offices can be paid by the
above-mentioned credit cards or cash.
4.4.3
– Reservations through registered travel agency – For
reservations and payment of tickets in registered travel agencies
passenger has to take information about the payment method of the
agency where he want to buy the ticket
5
– Privacy - To
ensure the security and privacy of your credit card information when
you book on-line, Myair.com uses the latest Secure Socket Layer (SSL)
technology. SSL is currently the preferred method to securely
transfer credit card and other sensitive data over the Internet. When
booking on line, if your browser supports SSL, please select the
Secure Mode option, in this way all the data inserted will be
protected by this technology. If you are restricted by the
capabilities of your browser than you can use the non-secure mode;
anyway the Carrier recommends that you upgrade to the latest version
of your browser to allow you peace of mind during any further
transactions
6
– Changes and cancellations
6.1
– Fares
6.1.1
– Changes of the name of the passenger, itinerary, date and
time of the flight – Changes
of the itinerary are not permitted.
Changes of the date or time
of the flight are allowed, subject to availability, online through
the website www.silverair-elbafly.it or www.elbafly.it up to 48 hours before departure, contacting our call-centre (during
operating hours) upon payment of € 25 surcharge per passenger
and per sector, and the difference in fare between the original fare
paid and the lowest fare available when the change is made.
Should
the available fare be lower than the original one, no refund will be
made.
Name changes are not permitted if any flight sector in your
booking (including multi-leg reservations) is flown or past; in case
of multi-leg reservations, all the flight sectors must contain the
same name.
6.1.2
– Cancellations –
Passenger has to contact immediately the call-centre to cancel a reservation (subject to call centre operating
hours).
The amount paid could be refund according to the following
rules/conditions and surcharge payment (at the moment of
cancellation):
Payment of € 25,00 per passenger per sector for cancellations required with 15 days prior to scheduled departure;
Penalty of 50% of the amount paid, for cancellation from 14 up to 7 days prior to scheduled departure;
After
7 days prior scheduled departure amount paid is not refundable.
Amount will be put into a credit account that passenger can use to
buy further flights to Elba within December 31st,
2009. Also in this case a penalty of € 25 has to be paid.
6.1.3
– Unused tickets.
Unused
tickets are not refundable.
6.2
– Right of withdrawal - The
right of withdrawal, foreseen about long-distance contracts, does not
apply to this sale, according to point b) of art. 7 of the
legislative directive D.L. May 22, 1999 nr. 185
6.3–
Cancellations of flights– In
case a flight is cancelled and the passenger refuses the suggested
alternatives on the Silver Air flights or in absence of alternatives,
passengers will be refund only the amount paid for the flight
cancelled and the possible return flight, or, in alternative, at
passenger’s discretion, a voucher can be required for the
amount paid, that he can use for further flights, without further
responsibility and without refund of extra expenses and no assistance
(meals, hotels, calls …). It is recommended to all passengers
that they reconfirm their reservation before departure, when booking
a lot in advance
B
– CONDITIONS OF CARRIAGE
7
– Check in
7.1
– Check in deadline – Passenger
is requested to report to check in desks one hour prior to scheduled
departure time. Check in desks will strictly close 30 minutes before
departure (except Elba Airport, where check-in desk closes 15 minutes
before dep.) . Failure to comply with the check in deadline passenger
won’t be accepted on board and will have no right to refund. In
case passenger would like to travel in another flight he would have
to buy a new ticket paying the entire amount. In case passenger fails
to report to check in desks within the deadline, the carrier reserves
the right to cancel the booked seat and board another passenger.
7.2
- Identity documents - It
is passenger’s responsibility to have a valid identity card to
travel . Any fine, penalty or charge arising from failing to comply
with travel documents are at passenger’s charge. If the travel
documents are not valid or the name of the passenger on the
reservation does not correspond with the one on the identity card or
passport, the carrier will refuse boarding and passenger will have no
right to refund. Passenger is requested to report to check in desks
with a valid identity document and the Travel Document given at the
end of the booking process.
8
- Special assistance
8.1
– Special assistance requests – Passenger
will have to contact the carrier’s call centre for all
information, assistance, requests of booking and special assistance,
and in particular those relating to
- Infant
- Pregnant women
-
Unaccompanied minor
- Disabled passengers
- Animals
8.1.2
– Procedures – Special
assistances have to be requested by contacting the carrier’s
call centre. Silver Air reserves the right to modify policy and
procedure of special assistances without notice. For any information
regarding special assistance please contact our call centre before
booking.
8.1.3
– Infant’s carriage - For
security reasons infants under 7days of age are not allowed to fly
with Silver Air flights. Infant passengers between 8 days up to and
including 23 months of age will be boarded only if travelling with a
passenger of at least 18 years of age.
Adult passengers will be
aware that the airplane where the infant is flying IS NOT
PRESSURIZED.
8.1.4
– Expectant mothers -
For
security and comfort of pregnant women travelling with us, the
carrier will follow these rules:
- Up to 28 weeks: pregnant women
are accepted on board the aircraft without any medical certificate.
Anyway the carrier reserves the right to ask the passenger a
certificate that confirms that pregnancy is less than 28 weeks
-
Between 29 and 36 weeks: a medical certificate stating the health of
the passenger and the supposed date of birth of the baby is
requested
- After 37 weeks (30 weeks in case of twins): pregnant
women are not accepted on board in any circumstances. Pls note that
the airplane IS NOT PRESSURIZED
8.1.5
– Unaccompanied Minor - Passengers
aged 8 to 11 years of age have to be booked in advance ONLY through
ElbaFly call canter (+39 0565 977900). The service costs € 75
per leg.
Assistance
will be give only on ground. On board there’s no flight
attendant.
Passengers under 8 years of age cannot travel alone
and must be accompanied by a passenger over the age of 18
years.
8.1.6
– Pets carriage – one
pet is allowed to travel on board – only cats and dogs of max.
Kg. 10 including cage – in the appropriate cages. Pet’s
carriage has to be requested when booking through the call centre. It
will cost € 30 per leg.
8.1.7
– Carriage of passengers with reduced mobility – For
any information regarding special assistance please contact our call
centre before booking. Failure to do so the carrier reserves the
right to refuse carriage, without any refund of the amount paid for
the flight.
9
– Conduct on board
9.1
– Aircraft Command – In
compliance with national and international laws, the captain of the
flight has the command of the aircraft. The captain is authorised to
take such measures as he deem necessary to ensure the safety of the
flight and all the people on board – passengers and crew
members – are strictly obliged to follow his orders.
Furthermore the Captain of the flight has the right to take any
necessary measure towards those passengers which behaviour, physical
or mental state is considered dangerous for the safety of the flight.
Passenger will be responsible for all the damage caused to the
carrier and/or to other people with his behaviour and will be obliged
to refund every damage caused to the carrier and/or other
passengers
9.2
– Smoking – Smoking
on board all Silver Air fights is strictly prohibited. Failure to
adhere to this regulation will result in severe criminal penalties
against the passenger and the payment of the penalties according to
the law in force and the damages caused by this action.
9.3
– Alcoholic drinks – Consuming
alcoholic drinks brought by the passenger or offered by other
passengers is not permitted.,
10.
– Limitations / refusal of carriage - The
Carrier has the right to refuse boarding or continuing the carriage
of the passenger and/or his baggage, or cancel his reservation if:
a
– it is necessary for safety or public order reasons;
b –
Such action is necessary in order to comply with any applicable
government laws, regulations or orders of any state or country to be
flown from, into or over;
c – Passenger’s behaviour,
mental or physical state is dangerous as to
- deem necessary a
special assistance that carrier cannot give or which costs are too
higher;
- cause repeated harm and discomfort to him and/or to
other passengers and/or members of the crew;
- expose himself
and/or other passengers and/or members of the crew and/or on board
objects to dangerous situations;
- The passenger has committed
misconduct on previous flights and the carrier believes this can be
repeated;
- Passenger refuses to proceed to security check;
In
case carriage is refused for one or more of the above mentioned
reasons or at the same time for one of these reasons reservation is
cancelled, the passenger has no right to any refund
11
– Baggage
11.1
– Checked baggage allowance - The
allowance of the checked baggage is 15 kilos and a maximum of 2
pieces, which dimensions (sum of length, height and width) has not to
exceed 160 cm. Infant passenger does not have right to checked
baggage. Only the baby buggy is allowed. The carrier does not allow
to carry as checked baggage those fragile, perishable items, money,
jewels, silver and/or precious metals, securities, credit
instruments, shares or others negotiable instruments of credit,
commercial documents and/or office documents, pattern book, passports
or others identity documents, computers or others electronic devices.
The carrier has no responsibility for items not properly packed,
perishable, damaged or fragile or for damages of minor importance to
the surface of the baggage, such as scratches, spots or bruises
derived from normal usage which is destined, or caused by contact
with water or in case of non waterproof baggage.
11.2
– Excess baggage – Passenger
will have to pay 10 € per every kilo exceeding the 15 that are
allowed. In case passenger wants to carry 3 or more pieces he will be
charged of 20€ per piece. In case checked baggage exceed the
dimensions of 160 cm passenger will be charged of 20€.
Due to
reduced baggage area on board, it may not be guaranteed the loading
of exceeding baggage on the same flight of passengers. Exceeding
baggage could be forwarded on a different flight/mean .
11.3
– Sports equipment
11.3.1
– Passenger is requested to contact the call centre.
11.4
– Pets carriage
11.4.1
- Carriage
of cats and dogs is permitted only if weighting no more than 10
kilos, including cage, with the payment of a surcharge of 30 €
per pet and flight. Only one pet per flight is permitted. Pet has to
be carried in an appropriate passenger's own cage, which dimensions
have not to exceed 115 cm (sum of length, height and width). For
pet's wellness the cage has to be suitable for air transport
(avoiding internal and external damages) the carrier won't be
responsible for damages caused by an inappropriate cage. Only one pet
per cage is allowed. The carrier reserves the right to refuse pet
carriage if one or more of the above mentioned rules are not
observed. Pet has to be booked through the call-centre.
11.4.2
– Procedure for pets carriage: In
order to check on board availability, passenger will have to contact
the call centre before the departure of the flight. For this reason,
due to reduced availability acceptance of a pet on board is not
guaranteed (if not booked in advance). We kindly recommend to all
passengers to book and pay the applicable surcharge contacting our
call centre in advance.
11.5
– Hand baggage - Only
one hand baggage per passenger is allowed on board (unchecked
baggage) not exceeding 5 kilos and the dimensions of 115 cm (sum of
length, height and width)
11.6
– Baggage identification tag – Passenger
must put on his checked and unchecked baggage an identification tag
with his name, surname and address. All baggage without an
identification tag will not be accepted as checked baggage. Lack of
identification tag can cause delays in baggage delivery and or
impossibility to find it, if it is departed.
11.7
- Lost and/or damaged checked baggage – The
EC Regulation No 785/2004 of the European Parliament and of the
Council of 21st April 2004, apply in the event of lost and/or damaged check baggage.
If the baggage is found at a second stage the Carrier will not be
responsible for its delivery to the passenger’s home address.
Similarly all expenses arising from the subsequent expedition of the
baggage to an airport of choice or the expedition via courier are at
solely charge of the passenger.
12
– Dangerous Items
12.1
Regulations concerning safety and unacceptable baggage -
For
safety reasons, it is not allowed to include into passenger's baggage
the dangerous items or articles listed below:
A - items which are
likely to endanger or jeopardize the aircraft or persons or property
on board the aircraft and namely: compressed, refrigerated,
flammable, non-flammable and poisonous gases such as butane, oxygen,
liquid nitrogen, and aqualung cylinders). Corrosive materials, such
as acids, alkalis, mercury and wet cell batteries. Flammable liquids
and solids such as lighters and fuel for the same. Explosives,
ammunitions, belt caps, fireworks and flares, matches, thinners,
paints and lighters. All kid of firearms, guns and rifles including
replica items. Purses and suitcases with alarm devices. Oxidising
materials such as bleaching powder and peroxides. Toxic substances as
insecticides, weed-killers. Radioactive material and infectious
materials containing viruses. Other dangerous articles such as
magnetised materials, harmful, toxic, stinking or irritating
materials
B - items and goods which do not constitute personal
belongings and are not necessary in relation with the journey
C -
liquid substances that don't respect the limitations and the
formalities of transport as hand baggage such as the new
rules in safety subject in the airports of the European Union
12.2
– Right to refuse carriage – The
Carrier will refuse to board all baggage containing the prohibited
items listed above and refuse the further carriage of any such
carriage upon discovery
12.3
– Passengers carrying firearms – Passengers
carrying firearms and ammunitions (PAX WAM) are strictly not allowed
on board our flights with the sole exception of passengers belonging
to the Italian Police corps, Carabinieri, Guardia di Finanza and
customs officers. Passengers allowed on board with firearms will
always be pre-boarded
12.5
- Electronic Devices – The
use of electronic devices onboard the aircrafts is strictly
prohibited. For further information please ask a crew member
12.6
– Items and Articles allowed on board - The
aforesaid prohibition does not apply to articles and items in
reasonable quantity that might be necessary to the passenger in
relation with his journey.
In the hand baggage liquid substances
contained in containers with maximum capacity of 100 millilitres
(1/10 of litre) or equivalent (es: 100 grams); the containers must be
insert in a plastic transparent bag that can be closed again with
maximum capacity of 100 millilitres (or with equal dimensions for
instance 18 cm x 20 cm). It will be allowed the transport of one and
only one plastic bag of the indicated dimensions for every passenger
(inclusive infant); there can be transported out of the bag and are
not subject to the volume, the medicines and the liquids prescribed
for diet, for example the foods for children, for which there could
be necessary to furnish proof of the real necessity and authenticity
of such articles to the authority. Liquid substances are:
- Water
and other drinks, soups and syrups
- Creams, lotions and oils
-
Perfumes
- Sprays
- Gel, included those for the hair and the
shower
- Containers under pressure, included shave foams, other
foams and deodorants
- Substances in paste, included the
toothpaste
- Mixtures of liquids and solid
- Mascara
- Every
other product of analogous consistence
- Personal smoking material
when carried on passenger’s person. The carriage of lighter
fuel, refills and lighters containing unabsorbed liquid is still
strictly forbidden
- Pacemakers containing radioactive
material such as plutonium batteries
- Small carbon dioxide gas
cylinders worn by passengers including spare cylinders necessary for
the journey
- Catalytic hair curlers containing hydrocarbon gas,
in the checked baggage only. Safety cover must be fitted over the
heating element. Gas refills are not allowed
- With the Carrier’s
approval small gaseous oxygen and cylinders required for medical
reasons
13
– Applicable Rules and Important Notice
13.1
– Applicable Rules
13.1.1
– Air Transportation within Italy – Air
transportation within Italy is regulated by:
-
the Italian Navigation Code
-
the EC n. 261/2004 Regulation
- The EC Regulation No. 785/2004 of the European Parliament and of the Council of
21st April 2004. by
the liability exclusions and limitations of the carrier as stated in
the same
- the EC nr. 2111 / 2005 Regulation
- the EC
1546/2006 of 04/10/06 Regulation
-
the General Conditions of the carrier for Italian transport of
passengers and baggage and respective regulations. The aforesaid
General Conditions are effective part of the present contract; the
General Conditions are printed on the back of the Ticket and may be
viewed upon request at all carrier's offices
13.1.2
– International Air transport – The
international air transport whose destination or stopover is in
country different from the one of departure is subject to regulations
and liability exclusions and limitations in accordance to EC
Regulation No. 785/2004 of the European Parliament and of the Council of 21st April 2004. and,
for what is missing and governed by the Warsaw Convention for the
Unification of Certain Rules Relating to International Carriage by
Air (1929) and subsequent amendments
13.2
– Important Notices
13.2.1
- Liability
exclusions and limitations of the carrier also applies to its agents,
employees, representatives and body corporate whose aircrafts are
used by the carrier for carriage, as well as to agents, employees and
representatives of body corporate themselves. No carrier's agent,
employee or representative has the authority to change or erase any
provision of the present General Conditions of Carriage
13.2.2
- A
carrier issuing an air ticket for carriage onboard another carrier’s
aircraft is only acting as a representative of the latter
13.2.3
- Checked
baggage will be delivered to the bearer of baggage identification
tag
13.2.4
- Complaints
related to registered baggage, on both national and international
flights, must be submitted to the Carrier forthwith after delivery,
or at the time the baggage should have been delivered by using the
appropriate form (PIR- Property Irregular Reports), available at all
airports. In case of damage the complaint must be submitted to the
Carrier forthwith after discovering the damage or, at the latest,
within seven days from the date of receipt. In case of delayed
baggage delivery the complaint must be submitted within 21 days from
the date of the baggage delivery. Similarly, complaints for lost
baggage must be submitted forthwith after the disembarking. All
complaints must be made in writing and submitted to the Carrier
within the aforesaid deadlines. Please be aware that acceptance of
the Checked Baggage by the bearer of the Identification Baggage Tag
without complaint and completion of a Property Irregularity Report
will be considered evidence that the baggage has been delivered in
good condition and in accordance to the contract of carriage. The
passenger will therefore lose any right of action. We kindly remind
you that suitcases and similar containers serve to the purpose of
safely carry your goods and therefore should be resistant to
scratches and pressure
13.2.5
- The
carrier's name may be abbreviated on the ticket. Full name and
abbreviation are displayed on the carrier's pricelist, regulations or
timetables
13.2.6
- Any
stopover is indicated on the ticket or on the timetable
13.2.7
- Carriage
with different Airlines and carriers is to be considered as a single
operation
13.2.8
- Tickets
are valid for one year from the date of purchase
13.2.9
- The
carrier retains the right to refuse transportation to any person who
bought the ticket in violation of the applicable laws and/or
conditions and fares
13.2.10
- Some
special fares are subject to conditions that could imply restrictions
or forbid booking changes
13.2.11
- The
carrier will transport passengers and baggage to destination in a
reasonable time. Times displayed on timetables or elsewhere are not
guaranteed and are not part of this contract. The carrier may,
without notice, substitute carriers or aircraft, and may alter or
omit stopovers shown on the ticket in case of necessity. Schedules
are subject to changes without notice. The carrier takes no
responsibility for connecting flights
14
- Air carrier liability for passengers and their baggage
According
to EC
Regulation No.
785/2004 of the European Parliament and of the Council of
21st April 2004, the liability of European Community air carriers in case of death,
personal injury or wounds of the passenger, occurred on board the
aircraft or during boarding or disembarking, is not subject to
financial limits. The carrier cannot exclude or limit its liability
for damages up to the equivalent in ECU to 100.000 SPD, giving
evidence that all necessary and possible measures were taken to avoid
the damage. In case of damages exceeding 100.000 SPD, the carrier
will be exonerated if it can supply such evidence. The carrier is not
responsible for damages due to the passenger's negligence. The
carrier will make prompt advance payment (within 15 days) to the
person entitled, if required to meet immediate economic needs, in
proportion to the hardship suffered and , in case of death, no less
than the equivalent in ECU to 16.000 per passenger. The Carrier.
insurance coverage for civil liability is in accordance with the
Regulation. In case of carriage delay of checked baggage or
passengers the carrier is responsible for the damage, unless any
preventive measure was taken to avoid it or it was impossible to take
such measures. Damage liability for delay in passengers carriage is
limited to 4150 DSP. Damage liability for delay in baggage carriage
is limited to 1000 DSP. In case of baggage loss or damage, the
carrier is responsible for up to 1000 DSP, unless a special
declaration of passenger's actual interest is given in delivery at
destination, for which a supplementary sum will be asked. In any case
of checked baggage damage (loss or delay), acceptance of the Checked
Baggage by the bearer of the Identification Baggage Tag without
complaint and completion of a Property Irregularity Report will be
considered as evidence that the baggage has been delivered in good
condition and in accordance to the contract of carriage. In case of
damaged checked baggage, every complaint must be made in writing
within seven days and, in case of delay, within 21 days from the date
on which the baggage has been placed at the passenger disposal.
Failure to do so the baggage will be considered as delivered in good
condition, on time and in accordance with the contract of carriage.
The passenger will therefore lose any right of action
15–
Website fruition – Copyright – Software – links to
other websites
15.1
Acceptable Use – By accessing the site www.silverair-elbafly.it or www.elbafly.it users agree to comply to the website Terms and Conditions of use.
Without the Carrier prior written permission, you may not copy,
modify, alter, publish, broadcast, distribute, sell or transfer any
material on this website for commercial purposes.
15.2
- Copyright - All
contents and data of the site www.silverair-elbafly.it or www.elbafly.it including the logo, images, texts, graphs, audio files and software
are the sole property of Elbafly Soc. Coop. and are protected by the
copyright laws.
15.3
- Links to other websites – The web site www.silverair-elbafly.it or www.elbafly.it may include links to other internet sites. We do not endorse any such
web sites and We are not responsible for the information, material,
products or services contained on or accessible through those web
sites.
16
– Protection of Personal Data
16.1
–Silver
Air and Elbafly
Soc. Coop. make every effort to protect passengers’ personal
data. All of your personal information is kept safe as it travels
over the Internet. The Carrier security policy is totally in
compliance to the current regulations on the matter of protection of
persona data processed over the internet. Through bookings and
booking confirmations the Carrier collects the passengers’ data
necessary to respect its contract obligations towards passengers.
These data will therefore be used for aforesaid purposes only.
Failure to provide the necessary personal data may prevent the
Carrier from respecting its contract obligations. Personal data may
be released to other entities and designated representative in order
to ensure and respect the present contract of carriage. The data will
be used for the aforesaid purposes only. With regard to all the
personal data provided, the passenger, shall have the right, pursuant
to Art.7 of Legislative Decree 196/2003:
- to obtain from the
carrier confirmation of the existence or not of personal data
relating to him/her, regardless of their being already recorded, and
communication of such data in intelligible form. Where it is not
confirmed that personal data concerning the passenger exist, further
to a request, the passenger may be charged for a fee which shall not
be in excess of the costs actually incurred for the inquiries
actually made in the specific case;
- to ask the carrier for
confirmation of the existence or not of personal data relating to
him/her. Where it is not confirmed that personal data concerning the
passenger exist, further to a request, the passenger may be charged
for a fee which shall not be in excess of the costs actually incurred
for the inquiries actually made in the specific case;
- to obtain
indication of: the source of such personal data, the purposes and
manner of their use, the logic applied to processing if the latter is
carried out with the aid of electronic means; the identification
details of the data controller, processors and designated
representatives as well as the entities or categories of entities to
whom the personal data may be communicated or who may get to know
such data in their capacity as the designated representative(s) in
the State’s territory, data processor(s) or person(s) in charge
of the processing;
- to obtain the updating, rectification or,
where interested therein, completion of the data; the erasure,
transformation into an anonymous form or blocking of any data
processed unlawfully, including those data whose retention is
unnecessary for the purposes for which they were collected or
subsequently processed; the certification that the aforesaid
operations have been notified, as also related to their contents, to
the entities to whom or which the data were communicated or released,
unless this requirement proves impossible or involves a manifestly
disproportionate effort compared to the right that is to be
protected;
- to object in whole or in part, on legitimate ground,
to the processing of the personal data concerning him/her even if
relevant to the purpose of the collection; to the processing of
personal data concerning him/her, for the purpose of sending
advertising material, or for direct selling or else for the
performance of market research or commercial communication surveys.
When disclosing their data the passengers have the right be informed
of the possibility of exercising this right for free.
Cancellation
of personal data is subject to the submission of a written request by
fax, email or ordinary mail at the carrier’s headquarters
16.2 – Mr.
Paolo Mazzarri is the responsible person for collection and
treatment of personal data.
Ed. May 2009