1 – Premises and definitions –Flights are operated by Carrier Professione Volare owning an Airline Operating Licence and flying according to the European rules, with PVL designator code.
Flights are operated in partnership with Elbafly soc. coop. – using the booking web site 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 rwww.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, Professione Volare srl that provides transportation services of passengers and baggage, 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.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.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.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.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.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.as of today taxes for each leg/segment are
Malpensa € 30
Pisa € 30
Elba € 30
Roma € 30
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.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.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 September 06 2010. 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 12 kilos and a maximum of 1 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 12 that are allowed. In case passenger wants to carry 3 or more pieces subject to weight and volume availability he will be charged of 20€ per piece. 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 8 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 on duty. 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.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.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 r 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. June 2010