TABLE OF CONTENTS
− INTRODUCTION
− ART. 1 - DEFINITIONS
− ART. 2 - SCOPE
− ART. 3 - TICKETS
− ART. 4 - ANCILLARY RATES AND COSTS
− ART. 5 - BOOKINGS
− ART. 6 - PASSENGER CHEK-IN AND BOARDING
− ART. 7 - REFUSAL AND LIMITATION OF CARRIAGE
− ART. 8 - BAGGAGE
− ART. 9 - OBLIGATIONS REGARDING THE CONTENT OF BAGGAGE
− ART. 10 – FLIGHT SCHEDULING, DELAYS AND CANCELLATIONS
− ART. 11 - REFUNDS
− ART. 12 – CONDUCT ON BOARD
− ART. 14 – ADDITIONAL SERVICES
− ART. 14 – ADMINISTRATIVE FORMALITIES
− ART. 15 – CARRIER’S LIABILITY FOR DAMAGES TO PASSENGERS
− ART. 16 – CARRIER’S LIABILITY FOR DAMAGES TO THE BAGGAGE OF PASSENGERS
−ART. 17 – CARRIER’S LIABILITY FOR DAMAGE DUE TO DELAYS IN CARRIAGE OF PASSANGERS AND THEIR BAGGAGE
− ART. 18 – UNIFORM RULES CONCERNING THE LIABILITY OF CARRIER
− ART. 19 – CONDITIONS FOR CLAIMS AND LEGAL ACTIONS
− ART. 20 – AMENDMENTS AND WAIVERS

INTRODUCTION

These General Conditions of Transport (GCT) rule the agreement for passenger and baggage air transport on the basis of which Air Italy (the “Carrier”) undertakes to comply with the following obligations against payment by passengers:
- completing the agreed flight according to the scheduled time and route, carrying by air transport passengers and their baggage from one place to another;
- giving the passenger a seat on board the plane and provide him / her with lunch or dinner if necessary in relation to the duration of flight and if provided;
- keeping passengers and their baggage safe and secure;
- taking care of the checked-in baggage of passengers;
- performing any other service in addition to transport, if agreed upon.
The passenger commits him/herself to
- pay the price of ticket, except when the Carrier performs a free service;
- strictly observe the provisions, regulations, information or recommendations by Air Italy in connection with the flight.
Un estratto delle clausole delle CGT è riportato sul biglietto.

The GCT clauses are briefly reported on the flight ticket.
GCT provisions regard scheduled flights and charter flights, free or low cost fares for flights by Air Italy, for long- medium and short range flights and factual and/or sub-transport, cumulative transport, ancillary and/or substitutive transport and combined transport if allowed by the regulations in force.
Factual and/or Sub-transport conditions are applied when air transport is carried out by a Carrier other than the contracted carrier that, even if auxiliary to or hired by the Carrier, is responsible, in whole or in part, for the transport of passengers in accordance with the agreement reached with the Carrier (for instance, code sharing, franchising, charter, sub-carter etc.).
Cumulative Transport, which means transport through successive carriers, is possible when the passenger and Air Italy agree that transport has to be executed by many successive air carriers, including Air Italy.
In the event above, the provisions set forth in the Contract will only apply to transport carried out by Air Italy, both in the case of one single ticket and in the case of a so-called “joint” ticket.
In those cases, Air Italy is only responsible for damages occurred during transport on flights or segments of flights in relation to which the “CARRIER” box on the ticket (regarding that flight or segment of flight – shows the Air Italy identification code, even in case transport is completed by a factual Carrier or a Sub-Carrier in the name and on behalf of Air Italy.
In case Air Italy issues a ticket or accepts that baggage is transported by another carrier, the company only acts in its capacity of agent of the aforementioned carrier. Therefore, Air Italy will not be liable for damages occurring during that transport. As to checked-in baggage, the passenger has the right to take action against the first or the last Carrier and the Carrier that is responsible for the transport during which the baggage was destroyed, lost, damages or delayed, by virtue of the joint and several liability of Carriers towards passengers.
As far as the ancillary and/or subsidiary transport is concerned, provisions of Contract are not applicable to transports out of an airport, except when strictly necessary, for the boarding, landing or transfer of passengers and baggage, in the execution of an air transport service agreed upon with Air Italy, and on condition that the ancillary transport is carried out in the name and on behalf of Air Italy for limited routes in proximity of an airport, notwithstanding the autonomous liability of the person or company other than Air Italy that performs that transport. The Contract provisions do no apply to any transport other than air transport that Air Italy should offer on its own or third party’s means of transport externally to an airport, in place of unavailable aircraft. In case of combined transport, partially by air flight and partially by any other mean of transport, the provisions of this Contract only apply to the air transport by Air Italy.

ARTICOLO 1 - DEFINITIONS -

Unless otherwise expressly indicated, the terms and definitions used in these G.C.T. have the following meaning:
Air Italy Spa: is an Italian carrier that has been operating since 2005 with B757-200, B767 and B737 aircrafts, and which flights are identified with the code “I9”.
Authorised Agent: Means a travel agent appointed by Air Italy to sell air transportation services to passenger and to represent the Carrier with respect to such passenger. The authorised Agent may be an individual or a company operating as an independent entity or even another carrier.
Animals: Means the live domestic animals that the passengers bring with them. Depending on their kind, weight, and size, animals may be transported in the passenger cabin or in specific compartments in the cargo hold of the aircraft. In the latter case, animals are considered as excess checked baggage.
Agents or servants: Means individuals, organisations, or companies other than Air Italy and its employees that provide passenger with air transport services and services auxiliary or accessory to transport in the name and on behalf of Air Italy, including (for purposes of example only) travel agents, handling agents, airport managing bodies, catering operators, etc.
They often act independently from the Carrier and can be directly liable for any damage caused to passengers.
Baggage: Means such articles, effects and other personal belongings of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her trip, and which the Carrier brings along with the passenger performing an obligation accessory to the passenger contract of carriage.
Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
Checked baggage: Means the baggage of which Air Italy takes sole custody and for which the Carrier has issued a baggage check. Except for special instructions published on the website www.airitaly.it in relation to each type of flight, such baggage is carried gratuitously if its weight is less than or equal to the free baggage allowance.
If the weight of checked baggage exceeds the free baggage allowance, the excess will be carried subject to payment of a surcharge, with issuance of an excess baggage ticket.
Baggage must always be of reasonable size, weight, shape and dimensions, and placed in containers suitable for its safe carriage and handling (such as, for purposes of example only: suitcases, bags, backpacks, etc.) so that such carriage does not constitute carriage of cargo under applicable law. If the passenger uses unsuitable containers and/or baggage for protection of the contents, any claims for damage shall be rejected.
Unchecked baggage: Means any baggage that is not checked, and therefore not consigned to Air Italy, and that can be carried gratuitously in the passenger cabin. Nevertheless, unchecked baggage will be allowed in the cabin only if its weight and dimensions are within the limits defined by applicable regulations appearing below; otherwise, such baggage must be handled as checked baggage. The Carrier is not responsible for un-checked baggage which may result in lost objects, lost baggage and /or other occurrences for which the passenger has exclusive custody.
Ticket: Means the document entitled "Passenger Ticket and Baggage Check" issued by or on behalf of Air Italy by authorised agents, reporting a summary of these G.C.T. and other required information, and the flight and passenger coupon.
The ticket constitutes the written proof of stipulation of the contract of air carriage as required by law. The ticket shows the place and date of issuance, the place and time of departure and the place of destination of the carriage, the class and price of carriage, the passenger’s name, the Carrier’s name and address, and the weight of checked baggage.
Air Italy may be indicated on the ticket with the initials I9, or the three letter identification code of AEY.
According to IATA criteria the ticket may consist:
- of a “paper” document that includes all of the various flight coupons and the passenger coupon;
- of various documents attesting the issuance of an “electronic” ticket, such as, for example, itinerary receipt, electronic coupon, boarding pass, etc.
Conjunction ticket means two or more tickets concurrently issued to a passenger and which together constitute a single contract of carriage.
Excess baggage ticket: Means the document issued by Air Italy, or in its name and on its behalf by authorised agents, as receipt of payment for carriage of baggage exceeding the free baggage allowance; that is, as receipt of payment of the fee foreseen for special baggage. The excess baggage ticket is supplementary to the "Passenger Ticket and Baggage Check".
Cabin: Means the part of the aircraft that contains passengers and unchecked baggage.
Consumer: Means a passenger who has purchased an air carriage ticket for a purpose other than his/her professional or business activity in case performed.
Damage: Means any economically valuable prejudice or harm to the passenger or to his/her property caused by:
− an event occurring during the air carriage;
− default or incorrect performance of the Carrier’s services.
It must consist of attested, actual, economically valuable prejudice to the passenger’s physical safety or to his/her property or the property of his/her assigns, with immediate effect (accruing damage) and/or causes loss of future earnings (missed profit), with exclusion of indirect or consequential damages.
SDR (“Special Drawing Rights”): Means a unit of account created by the International Monetary Fund in order to have a unified and homogeneous currency for international commercial transactions, the value of which is reported on major financial newspapers or on the Internet is even to about €. 1.167,00.
Free baggage allowance: Means the free modality of carriage of checked baggage.
Information on specific free baggage allowance, appearing in art. 8, are available at Air Italy offices and on the website www.airitaly.it. I.A.T.A.: Means the International Air Transport Association, private legal entity of which most of the world’s commercial airlines are members. More information about it is available on the website www.iata.org.
I.C.A.O.: Means the International Civil Aviation Organisation, an agency of the United Nations dealing with the regulation of civil aviation. Information is available on the website www.icao.int.
Denied boarding: Means Carrier’s refusal to board a passenger on a flight, even though the passenger has a confirmed reservation for the flight in question, is present for boarding in the prescribed manner and at the time indicated in writing (or electronically) by the Carrier or by a tour operator or by an authorised travel agent or, in the absence of a specified presentation time limit, at least 45 minutes before the published departure time, unless there are reasonable grounds to deny boarding, such as health, safety reasons or inadequate travel documentation, etc. Denied boarding, obligates the Carrier to apply the established terms appearing in the CEE Regulations 261/2004 Boarding (or embarking) and disembarking operations Means the operations conducted by the Carrier or by its agents and servants to transfer passengers from the air terminal to the aircraft and vice versa.
With regard to passengers:
− boarding operations begin when passengers leave the air terminal gate and end when they enter the aircraft;
− disembarking operations begin when passengers leave the aircraft and end when they enter the air terminal.
With regard to checked baggage:
− boarding operations begin when baggage is received by the Carrier or by its agents and servants and end when baggage is loaded into the aircraft;
− disembarking operations begin when baggage is unloaded from the aircraft and end when baggage is returned to passengers by placement on delivery belts.
Passenger: Means any individual who is not a member of the flight crew or cabin crew of the flight in question, carried or to be carried on an aircraft with Air Italy’s consent, normally upon payment of the applicable fare.
P.I.R.:Property Irregular Report: is the form available at airports, to be filled in the event of passenger claims for lost, damaged or delayed consignment of baggage Carrier Regulations: are the Carrier’s complete organizational regulations for implementing these G.C.T. Passengers are assured knowledge of such regulations through publications on the Carrier’s website.
Fare rules
See Fares
Baggage check: Means the document issued to the passenger as proof of consignment of checked baggage to Air Italy, matched by a baggage identification tag attached to the baggage itself.
It shows the passenger’s name and number, as well as the weight of the baggage checked in his/her name. The holder of the receipt is the sole person entitled to requests for claims due to damage, delayed consignment, etc, and consequential requests for compensation.
Itinerary receipt– E-Ticket: Means the document granted to the passenger in case of issuance of an e-ticket, containing his/her name and other useful flight information.
Stopover: means places different from those of departure and destination, shown on the Hire Order or on the Carrier’s timetable (but not necessarily on the ticket) as scheduled stops on your journey.
Carrier’s website: Means Carrier’s web site www.airitaly.it, on which these G.C.T. and other pertinent information about the Carrier, destinations, time tables, etc. are available.
Agreed stopping place: Means an interruption of travel at an intermediate place (i.e., at a place other than that of departure and destination), specified on the ticket or on Air Italy’s timetables as a scheduled stopover during the itinerary, as previously agreed between the passenger and the Tour Operator.
Cargo Hold: The part of the aircraft used to contain checked baggage, cargo, and mail.
Coupon: Means the flight coupon as well as the passenger coupon or receipt.
Flight coupon: Means the portion of the ticket bearing the notation “valid for carriage” (or, in case of electronic ticket, the electronic coupon) that specifies the places between which the passenger has the right to be carried.
Electronic coupon (e-coupon): Means a series of electronic data pertaining to the flight for which the Contract is stipulated, contained in Air Italy’s computer systems, as well as in those of its agents and auxiliaries, or of other carriers that perform carriage in its place and on its behalf.
Passenger coupon or receipt: Means the portion of the ticket to be retained by the passenger.
Fares: Means the sum of the carriage contract bearing the fares of each flight with the exclusion of airport taxes or other accessory charges - published and available through duly authorised competent authorities if necessary, and available through the Carrier’s distribution channels or on its website. Fares are shown in the appropriate box of the ticket. They are part of the total price that the passenger pays to the Carrier for the agreed carriage, along with any supplements, taxes and other expenses imposed by law. Fares may involve specific conditions and/or restrictions – called “Fare Rules” – with regard to:
− ticket validity and duration;
− reservations and ticket issuance;
− ticket refund rules;
that may integrate or change the provisions of these G.C.T.; the customer is informed of any integration or change by the tour operator or travel agency from time to time when a charter flight ticket is purchased. Fare Rules for “Low Cost” and scheduled flights are available on the website www.airitaly.it.
Time limits: Means time reference points starting from which (commencement) during which (current period) or until which (deadline) the rights, obligations and provisions contained in the Contract may be exercised, must be performed, or produce their effects. Time limits may refer to commonly known dates or to a specific day, or to times, days, months, or years.
When time limits are expressed in days, expiration occurs at the conclusion of the final day without computing the first day (for example, for purposes of determining the period of validity, the day on which the ticket was issued or on which carriage began is not computed).
When time limits are expressed in months, expiration occurs at the conclusion of the final month without consideration of the number of days in each month. When the final month lacks the day corresponding to that of the first month, the deadline is the last day of the final month. When the deadline falls on a holiday, it is extended by right to the first working day thereafter.
Air carriage: Means, for purposes of the Contract, the period during which the Carrier provides the service agreed with the passenger. Such period begins from the start of boarding operations and finishes at the end of disembarking operations. Segment: Means each and every national, international, or intercontinental leg of a flight.
Carrier: Means the legal person that performs air carriage. Distinction must be made between the contracting carrier and the actual carrier.
The contracting carrier is the carrier that issues the ticket as a party to the contract of carriage (agreed with a passenger or with a person who acts on behalf of the passenger), by which the transport of the passenger and/or of his/her baggage is performed or committed to be performed, and that is liable for default or partial performance of such carriage.
The actual carrier is every carrier which, by agreement with or authorisation from the contracting Carrier, actually provides carriage in whole or in part, but is not a successive Carrier pursuant to applicable regulations.
Successive Carrier: is the Carrier with whom the passenger has stipulated a contract of carriage for other segments or in any case, different from those performed by Air Italy Spa, of which Air Italy has no bearing, unless the contractual part of the trip agreed upon with the successive Carrier is included in one single carriage document in which the segment performed by Air Italy also appears. Flight or Travel: Means the itinerary of the agreed carriage, which may consist of one or more segments. In relation to this, a “A non stop flight”, which is a flight without stopovers, is to distinguished from a “Direct flight”, which is a flight that from the place of departure to the destination does not foresee a change of aircraft, but may foresee stopovers.

ARTICLE 2 – APPLICABILITY -

Without prejudice to the general provisions on other types of air carriage to which the Contract is applicable, these G.C.T. apply to all flights or segments of flights performed by Air Italy with destinations either within or beyond the European Union for which the Carrier’s name or identification code appears in the box of the ticket issued for such flights or segments of flights.
With regard to some flights, the Carrier may have stipulated “code sharing” agreements with other airlines. This means that even if the passenger has made a reservation on one of Carrier’s flights and holds a ticket stating that the Carrier – shown with its name or IATA code – is the carrier that will perform the flight, it is nevertheless possible that another carrier may actually provide such service.
In such case, the Carrier (that assumes the role of marketing carrier) will notify the passenger of the identity of the operating carrier at the time of reservation.
In case of conflict between these G.C.T. and Carrier’s Fare Rules or applicable regulations, such rules and regulations will prevail over these G.C.T.
The invalidity of any clause of these G.C.T. according to applicable regulations will not affect any other clause of these G.C.T..
These G.C.T. are subject to change and amendment for purposes of compliance with applicable regulations. The text of the G.C.T. reported on Carrier’s website is the sole text to be kept in consideration for purposes of identifying the exact content of the Contract.
Subject to the terms of these G.C.T., in case of non compliance between same and any of Carrier’s procedures having a specific object, these G.C.T. will prevail over such procedure.

ARTICLE 3 – TICKETS –

1) The Carrier will provide carriage, or refund the price thereof, only for the Passenger whose name appears on the ticket and legally holds the same. For reasons of security, the Carrier has the right to check if the person presenting the ticket is actually the person whose name appears on such ticket.
In all cases, the ticket is and remains the property of the issuing Carrier.
If the ticket is presented by a person other than the passenger having the right to be carried or refunded, the Carrier (subject to its right to withdraw the ticket) will neither perform carriage nor refund the person who presents the ticket.
2) If the ticket is not electronic, it will show only a summary of these G.C.T., the full text of which is available on Carrier’s website.
The ticket constitutes the documental proof of stipulation of the contract of carriage between the Carrier and the passenger indicated on the ticket.
The ticket is not a credit instrument and is not transferable by inter vivos act or for cause of death. Nevertheless, the rules pertaining to package travel, package holidays and package tours, regulated by EC Directive 90/314, implemented in Italy with Legislative Decree no. 111/1995, as modified and supplemented by Legislative Decree no. 206/2005 are valid to the extent applicable.
3) Unless the ticket is electronic, a passenger is not entitled to be carried unless he/she presents a valid ticket with the flight coupon for the flight in question, all other flight coupons unused, as well as the passenger coupon. In addition, the passenger is not entitled to be carried if the ticket presented is mutilated, if it has been forged, or if it has been altered by anyone other than agents authorised by the Carrier. If the ticket is electronic, the passenger has no right to carriage unless he/she provides data confirming that such ticket has been validly registered in his/her name. Considering its economic value, the passenger must take care of the ticket with due diligence and take appropriate measures to prevent its total or partial loss and its theft.
In case of loss, theft, or total or partial destruction of the ticket, it will be reimbursed or replaced subject to the terms and conditions stated in Article 11.
4) Some tickets are sold at discounted or special fares and may be non-reimbursable in whole or in part.
The Carrier will adequately inform the passenger about the reimbursability of such fares and about the applicable fare rules through the publication of fare Rules on its website, or through the Tour Operator.
In all cases, the passenger must use due diligence when choosing the most appropriate fare for his/her needs.
5) Unless otherwise stated on the ticket, in these G.C.T., and in applicable fare rules, which may change the term of validity of the ticket (in which case such changed term will be shown on the ticket), a ticket is valid for:
(a) one year from the issue date; or
(b) subject to the travel of the first leg within one year from the issuance date, one year from the date of the travel of the first leg specified on the ticket.
6) If the passenger is unable to begin travel within the term of validity of the ticket because at the time the passenger requested reservation the Carrier was unable to confirm such reservation, the term of validity of the ticket will be extended or the passenger will be entitled to a refund pursuant to the terms of Art. 11 of these G.C.T..
7) If the passenger is unable to begin travel or, after having begun it, is unable to complete it within the term of validity of the ticket due to illness, Air Italy will extend the validity of the ticket to the day on which the passenger, based on a medical certificate – which must be provided to the Carrier – is able to travel or to the first flight following such date, departing from the place from which travel should have begun or starts again and on which there is a seat available in the class for which the fare had been paid.
Validity of the ticket will be extended for no more than three months from the date of the medical certificate if the ticket (whether paper or electronic) foresees one or more stopovers. In the above-described cases, the Carrier will also extend the period of validity of the tickets belonging to the ill passenger’s family unit members or companions who, in case, travel with him/her, or to other similar accompanying persons.
8) If the passenger dies during travel, the ticket of the person (if any) travelling with him/her may be changed by eliminating the minimum stay condition or by extending its term of validity. In case of death, at the agreed stopping place or destination of travel, of immediate family members, spouse or companion of the passenger who has already begun travel, the validity of the passenger’s ticket, as well as that of his/her immediate family members, spouse or companion who may be accompanying him/her, may likewise be changed. Changes will be made upon presentation of a suitable death certificate; the term of validity of the ticket may not be extended for more than 45 (forty-five) days after the date of death.
9) The ticket purchased by the passenger is valid only for the segment or segments specified on the ticket, from the place of departure to the place of destination, including any agreed stopping place. The fare paid by the passenger refers to carriage as specified on the ticket. The fare and applicable rule, as defined in Art. I, form an integral and essential part of the Contract. The passenger will not have any right to carriage if the flight coupons are not used in the order called for by the ticket, or if the passenger starts travel from one of the intermediate stopovers or from one of the agreed stopping places, unless the passenger gives Air Italy prior notice of his/her intention and receives approval therefore.
It is forbidden to use flight coupons from different tickets for purposes of evading the Carrier’s fare rules.
10) The passenger must give the Carrier suitable advance notice if he/she wishes to change the itinerary or any other aspect of the Contract. If such change is possible and implies an increased fare, the passenger will be suitably notified of such increase so that he/she may choose to accept or reject it. If the passenger has to change an aspect of the contracted carriage due to causes of force majeure, he/she must give the Carrier suitable advance notice of the expected departure date. The Carrier will do its best to carry the passenger to the first agreed stopping place or to the final destination without changing the previously paid fare.
11) If the passenger intends to change the original carriage without Carrier’s consent, the passenger will be charged the fare for the changed carriage. The passenger will have to pay any difference between the fare paid and the fare applicable to the changed carriage, if higher. The Carrier will refund the passenger for the difference if the new applicable fare is lower. If the passenger does not pay the higher difference in fare, the unused flight coupons will not be honoured.
12) Some changes (such as choosing a new place of departure in case of non-use of the first flight coupon or reversing the direction of travel once begun) may imply a fare increase. Many fares are valid only on the dates and for the flights indicated on the ticket, and cannot be changed at all, or can be changed only upon payment of a surcharge.
13) Each flight coupon in the ticket will be accepted and collected by the Carrier for carriage in the service class on the date and for the flight on which the seat was reserved. If a ticket was originally issued without a reservation having been specified, the seat for such ticket may be reserved at a later date if permitted by the fare rule applicable to the passenger’s chosen ticket and if there is an available seat on the passenger’s chosen flight.
If the passenger does not use the reserved seat and does not notify the Carrier sufficiently in advance, the Carrier may cancel, or ask another carrier to cancel, reservations for subsequent flights or for the return flight.
14) Subject to laws regarding mandatory indications in corporate acts and correspondence, Carrier’s name may appear in abbreviated form on the ticket and, specifically, may be reduced to the Carrier’s identification code.
15) Unless otherwise specified, for purposes of carriage Carrier’s address will be considered the airport of departure indicated next to the first abbreviation of Carrier’s name in the box on the ticket marked “CARRIER” or, in case of electronic ticket, indicated for Carrier’s first flight segment on the Itinerary Receipt. Air Italy’s registered offices, the register of companies at which the company is registered, the registration number, and the total share capital are indicated in Carrier’s documents and correspondence.

ARTICOLE 4 - FARES AND CHARGES -

Fares apply only to carriage from the airport of departure to that of the final destination unless expressly stated to the contrary. Fares do not include ground transport services between airports and between airports and city terminals. The fare paid by the passenger will be calculated on the basis of Carrier’s fare rules in force on the date the ticket is paid, for carriage to be performed on the dates and according to the itinerary specified thereon. If the passenger changes the itinerary or the dates, he/she may be required to pay a supplement.
The fare rules applicable from time to time are available through the Carrier’s product distribution channels, the call centre, its offices open to the public, authorised Agents and on Carrier’s website.
If more than one itinerary is available at the same fare, the passenger has the right to arrange his/her preferred itinerary with the Carrier before the ticket is issued; such itinerary becoming that to be retained definitive.
The passenger will pay all taxes and other additional charges applicable to carriage, not included in the fares, imposed by law or required by governmental authorities or by other competent authorities.
The passenger will be informed of such taxes and charges when the ticket is purchased. Taxes and charges on air services are subject to constant change and, therefore, if any tax or charge stated on the ticket is increased, or if a new tax or new charge is applied after the ticket has been issued, the passenger will be required to pay the higher amount deriving from such increase or application up to the date of beginning of the travel. If any taxes or charges that the passenger duly paid to the Carrier when the ticket was issued, or subsequently up to the date of beginning of the travel, are reduced or abolished up to the date of beginning of the travel, the passenger has the right to request refund of the amount so paid.
The Carrier is not liable for any supplements for services connected to the issuance of tickets that may be requested by its agents or servants (such as travel agents).
Fares, taxes and other additional charges are payable in the currency of the country in which the ticket was issued, unless the Carrier or its agents, representatives and servants request, before or at the time the ticket is paid for, that, for just cause or other legitimate reason, payment be made in another currency (for example, due to non-convertibility of the local currency).

ARTICLE 5 - RESERVATIONS

The Carrier or its authorised agents will record the passenger’s reservation and give the passenger written confirmation if so requested by him/her.
Only the reservation confirmed in the system that the Carrier uses to record reservations for its flights will be considered valid. The Carrier will not be liable for any damage caused by lack of or mistaken recording if not attributable to Carrier’s own negligence or with intent.
Some fare rules may include conditions that limit or exclude the passenger’s right to cancel or change reservations on Carrier’s flights.
If the passenger does not pay the ticket price before the deadline for its issuance, as specified by the Carrier or by its authorised agents at the time of reservation, the Carrier may cancel the confirmed reservation.
If, for reason attributable to the passenger, the confirmed reservation is not cancelled by same by the deadline indicated by the Carrier or lapses due to failure to respect the rules referred to in Art. 6 below, the Carrier may require the passenger to pay a penalty to cover expenses incurred.
Reservations for intermediate or return flights may be subject to confirmation within time limits specified by the Carrier. The passenger has the right to be informed by the Carrier or by its agents as to when and how the passenger must confirm reservations for intermediate or return flights.
If a passenger does not use a reservation on a flight without first notifying the Carrier, the Carrier may cancel the reservations for intermediate or return flights. On the other hand, if the passenger gives the Carrier timely notice, the Carrier will not cancel the reservations for intermediate or return flights.
Likewise, if the Carrier requests confirmation and the passenger does not confirm, the Carrier may cancel the reservations for intermediate or return flights. Nevertheless, if the passenger gives the Carrier timely notice that he/she is still interested in utilising the intermediate or return flights, and subject to availability of seating on the aircraft, the Carrier will restore the reservation and provide carriage for the passenger. If seating is not available on the date chosen by the passenger, the Carrier will do everything possible to carry the passenger to the next destination or the final destination on the next flight on which seating is available.
Through its reservation operations and passenger check-in, Air Italy, being the Carrier, acquires personal data from passengers necessary to perform contractual obligations in respect of the same passengers.
The performance of such obligations necessarily entails that such data are accessed by Air Italy’s operative and commercial personnel, as well as by third-party service providers, the first as “Persons in Charge of the Processing” and the second as “Data Processors”.
Air Italy, as “Data Controller” for the subject data treatment, managed mostly through computers, informs its customers that such data will be used exclusively for the above-described purposes according to Laws in force on the matter.
For this reason, the passenger authorises Air Italy to store and use such data, and to transmit them to its competent offices, to its authorised agents, to government authorities, to other carriers, and to the service providers referred to above. Additional information on the identity of the Persons responsible and methods for the processing of personal data, as well as on the passenger’s rights regarding treatment of his/her personal data, are available c/o Air Italy’s authorised agents, product distribution channels, and on the Carrier’s website.

ARTICLE 6 - CHECK-IN AND BOARDING -

The time limit for passenger check-in is different at each airport. Therefore, the passenger must find out about such time limits, even through the website www.airitaly.it. Arriving early for check-in allows the Carrier and the passenger to go through formalities in the best manner.
The Carrier or its authorised agents and Tour Operators will provide the passenger information on the time limit for check-in for the first flight shown on the ticket. For any and all subsequent flights, the passenger must find out about the time limit for check-in.
Information on passenger check-in time limits is an integral part of the Contract, and are available from Carrier’s official timetable, through distribution channels for the Carrier’s products, on Carrier’s website, or by contacting the Carrier or one of its authorised agents. If no check-in time is indicated, the passenger must arrive at least one hour prior to the published departure time.
The Carrier reserves the right to cancel a confirmed reservation if the passenger does not respect the time limit for check-in. This right applies to the first flight indicated on the ticket as well as for subsequent flights.
The passenger must arrive at the boarding gate no later than the time specified by the Carrier at check-in.
The Carrier may cancel the reservation if the passenger does not arrive at the boarding gate by the prescribed time.
The Carrier is not liable for any cost or expense incurred by a passenger who has not respected the terms and conditions of this article.
La responsabilità circa il possesso dei requisiti e documenti necessari per poter usufruire del servizio messo a disposizione dal Vettore spetta solo ed esclusivamente al passeggero.

ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE

The Carrier may refuse to carry any passenger or his/her baggage for security reasons, or if:
a) it deems such action necessary to comply with the laws, regulations, or rules of any country of departure, destination, or to be flown over; or if carriage of his/her baggage could constitute a threat to the security or health of the other passengers, or could concretely make the flight of the other passengers or the crew insufficiently comfortable;
b) passenger’s conduct, age, physical or mental state are such as to: − require special assistance from the Carrier and the methods of such carriage were not agreed with the Carrier in advance; or
− materially affect the comfort or provoke justified complaints from the other passengers; or
− endanger himself/herself or other persons or property; or
c) such action is justified by the passenger’s failure to follow instructions legitimately provided by the Carrier, or if the passenger was responsible for illegal or undisciplined conduct on a previous flight and there is risk that such conduct may be repeated;
d) the passenger has refused to submit to security checks;
e) the applicable fares, taxes owed, and any other accessory expense have not been paid, or if the passenger is not in possession of valid travel documents;
f) the passenger does not endorse a valid travel documents required to enter a transit country of the flight or to enter the final country of destination of the flight;
g) the passenger has destroyed his/her travel documents during the flight or has refused to show them to flight crew;
h) the ticket presented by the passenger:
− (i) was obtained illegally or was purchased from a party other than the Carrier or one of its authorised agents; or
− (ii) was reported lost or stolen; or
− (iii) was forged; or
− (iv) was altered or made incomplete by a party other than the Carrier or one of its authorised agents even with regard to a single flight coupon;
- (v) is in the name – specified in the “NAME OF PASSENGER” box – of a person other than the person who presents the ticket, it being understood that in such cases the Carrier reserves the right to withdraw the ticket; i) the passenger has not respected the requirements referred to in Art. III regarding the progressive order of the flight coupons and their use, or presents a ticket that was issued or was altered in any way by a party other than the Carrier or one of its authorised agents;
j) the passenger has not respected Carrier’s flight safety instructions.
Carrier’s check-in of unaccompanied minors, disabled persons, pregnant women, ill persons, or other persons requiring special assistance is performed subject to prior agreement with the Carrier, which must be duly informed by the passenger with regard to special needs at the time of reservation. Disabled passengers who have duly informed the Carrier of their special needs will be carried in conformity to such special needs unless such carriage is impossible due to objective causes of force majeure.

ARTICLE 8 – BAGGAGE –

The passenger has the right to the carriage of baggage in free allowance within the limits and conditions established by the Carrier from time to time. Such limits and conditions are available on request c/o Air Italy’s authorised agents, via its product distribution channels, and on Carrier’s website.
Pursuant to Transport Ministry Decree no. 1/36 of 28 January 1987 and ENAC (Ente Nazionale per l’Aviazione Civile – National Civil Aviation Board) Instruction APT-09 of 8 May 2001, in addition to checked baggage within the free allowance, for purposes of airport security and flight security, each passenger is permitted free carriage in the cabin – compatible with the capacity of available compartments – of only one piece of hand baggage, identified with a label (with the passenger’s name and surname) to be attached by the passenger, provided that the sum of its dimensions (height, length and width) does not exceed 115 centimetres (about 45,3 inches) and that the weight does not exceed 5 Kg (about 11 pounds) for intercontinental flights and 8Kg (about 18 pounds) for flights inside Europe.
In addition to the above-mentioned hand baggage, the passenger is permitted - compatible with available space – to carry the following articles on board:
- a handbag or briefcase or a portable personal computer;
- a camera, a video camera, or a CD player;
- an overcoat or a raincoat;
- an umbrella or walking stick;
- a pair of crutches or other walking aid;
- a portable cradle and baby food needed for the flight;
- reading matter;
- articles purchased at “Duty Free” shops and at shops located inside the airport (in limited quantities and weight), provided they are easily stowed in the available compartments on board.
Upon delivery to the Carrier of the baggage to be checked, the Carrier itself takes custody of such baggage and issues a baggage identification tag for each piece of checked baggage.
Checked baggage, within or in excess of the free baggage allowance, is carried on the same aircraft as the passenger unless not possible due to proven safety or operational reasons.
In such case, Air Italy will carry such baggage on the next available flight and will deliver it directly to the passenger.
If checked baggage exceeds the free baggage allowance, the passenger shall pay a charge, the rate of which is available on request c/o Air Italy’s authorised agents, its product distribution channels, and on the Carrier’s website.
According to Air Italy’s Passenger Rights Plan, upon request by passenger, offers the passenger the option of declaring a value for checked baggage in excess of the applicable limit of liability. In this case, the passenger will have to pay a supplementary charge.
Air Italy may refuse to accept the declaration of value for checked baggage if part of the carriage is performed by another carrier that does not offer a similar option.
The baggage or other objects that the passenger may take on board must be stowable under the seat in front of the passenger or in the compartments in the passenger cabin.
Air Italy reserves the right to prohibit carriage in the cabin of baggage or objects:
- whose weight, shape, and/or dimensions are such that they cannot be stowed as described above;
- conflict with the security requirements of carriage in the cabin.
Baggage and objects not allowed in the cabin will be stowed as checked baggage, with issuance of a baggage identification tag to the passenger, and after the passenger has been allowed to remove from the baggage any objects that cannot be contained in checked baggage.
Baggage and objects that are unsuitable for carriage in the hold (such as, for example, fragile musical instruments and similar objects) can be accepted for carriage only in the passenger cabin if space is available and according to the special procedures specified by the Carrier to guarantee the safety of passengers and the crew.
Carriage of such objects may be subject to special fares.
Air Italy undertakes to ensure that checked baggage will be made available to the passenger for claim as quickly as possible at the place of destination or agreed stopover.
In case the passenger fails to claim his/her baggage, the enforceable law provisions regarding the incapability of Carrier to deliver the carried goods will apply.

ARTICLE 9 - RESTRICTIONS REGARDING CONTENTS OF BAGGAGE -

9.1. The following must not be placed into the baggage:
− items that do not constitute baggage as defined in Art. I of these G.C.C.;
− items that may constitute a hazard for the aircraft or for the persons or property on board, including but not limited to:
− working electronic devices;
− alarm-equipped briefcases;
− compressed gases (deeply refrigerated, flammable, non-flammable, poisonous) such as butane, oxygen, liquid nitrogen, camping gas, aqualung cylinders;
− corrosive agents such as acids, alkali, mercury and wet cell batteries;
− explosives, weapons and munitions (unless for hunting or sport), pistol caps, fireworks and flares, as well as all similar looking toys;
− flammable liquids and solids, such as cigarette lighters and fuel for same, matches, paints, thinners, solvents;
− other dangerous objects, such as magnetic, hazardous or toxic materials, materials with an irritating or stinking smell, oxidants such as bleaching powder and peroxides;
− poisons and infectious substances, insecticides, weed killers, and materials with pathogenic agents;
− radioactive substances;
− alarm devices and any lithium batteries installed to power them;
- dry ice;
− underwater torches with batteries inserted;
− objects whose carriage is prohibited by regulations in force in the country of departure and in destination or in those flown over during carriage;
− items that in Air Italy’s opinion are unsuitable for carriage due to their weight, shape, size, characteristics or packing, it being understood that the loading of such baggage in the cargo hold does not make the Carrier liable for damage, destruction, loss of objects and so forth;
− live or dead animals, save as provided at point 9 of this Article with regard to animals.
9.2. In general, checked baggage cannot contain objects such as (for purposes of example only): valuable, fragile, or perishable objects, cash, jewels, precious metals, silverware, computers and their accessories, electronic gadgets or devices for personal use, cameras and photographic equipment, negotiable securities, credit instruments, government securities, stock and bond certificates or other securities, work, business, or commercial documents, passports and other personal identification documents, sample collections, heirlooms, antiques, artisanal or antique products, valuables, works of art, rare books, valuable publications or manuscripts, medical preparations that are necessary for any disease the passenger may have. Firearms and munitions for purposes other than hunting and sport cannot be carried as baggage.
Such objects may be carried only in conformity to laws and regulations concerning air transport security.
Biological liquids such as (for purposes of example only) blood, urine, semen, etc., cannot be carried as baggage.
9.3. In accordance with international regulations, Transport Ministry Circular no. 40/0151 of 18 March 1996, integrated by ENAC Circular no. 99-2632/DG of 22 July 1999, prohibits the use on board the aircraft of all portable electronic devices, with the exception of:
• hearing-aid systems;
• pace-makers;
• electric shavers;
• portable sound systems (i) not laser reading or (ii) digital;
• personal portable computers that are not connected to printers or to CD players, only during cruise and only with the specific approval of the Captain. 9.4. If the objects not acceptable as baggage referred to above are nevertheless placed in baggage and are lost or damaged, the passenger will not have any right to compensation, subject to the provisions of these G.C.C. with regard to damage caused by the contents of baggage.
9.5. The passenger will have the right to carriage of:
− firearms and munitions for hunting and sport as checked baggage, provided they are unloaded, with safety catch on, and appropriately packed in conformity to applicable ICAO and IATA procedures;
− objects and products needed in relation to the passenger’s state of health;
− medicines and cosmetics in quantities strictly limited to personal needs.
Objects such as antique firearms, swords, knives and the like may be accepted only as checked baggage at the Carrier’s discretion, and under no circumstances will they be permitted in the passenger cabin.
The above conditions must conform to security provisions and regulations in the countries of departure and destination and of the countries flown over, and to the conditions established by such provisions and regulations, as compatible with the company’s ordinary means.
9.6. Subject to the provisions regarding objects acceptable under certain conditions, the Carrier has the right to refuse to check in objects that are unacceptable as baggage or to refuse further carriage if and when it becomes aware of their presence on board the aircraft.
The Carrier has the right to refuse to carry as baggage any object that is unsuitable for carriage on the aircraft due to its dimensions, shape, weight, content, peculiar characteristics, fragility, perishability, for security or operative reasons, or because it may inconvenience or disturb other passengers.
The Carrier has the right to refuse to check in baggage for carriage if, in its reasonable opinion, it is not adequately contained in luggage or in other containers appropriate to guarantee safe carriage. As already specified, if any unsuitable container causes damage to the same or to the material herein contained, the Company will not be liable for damage and the passenger cannot ask for compensation.
9.7. For reasons linked to the security of the aircraft and the passengers, the Carrier may request the passenger to undergo physical checks and inspections by means of specific devices, and checks and inspections of his/her baggage by means of electronic or radiogenic devices. If the passenger is not present, his/her property may be inspected to determine if the passenger is in possession of (or if his/her baggage contains) any objects for which carriage is prohibited pursuant to these G.C.C., or firearms, munitions or other weapons, that have not been duly declared to the Carrier pursuant to these G.C.C..
If the passenger does not agree to the above-mentioned requests, the Carrier reserves the right to refuse to carry the passenger and his/her baggage.
If an inspection or search conducted with electronic or radiogenic devices harms the passenger or damages his/her baggage, the Carrier will not be liable to pay any compensation unless such harm or damage is attributable to its negligence.
9.8. Passenger’s exercise of his/her rights under the Contract pertaining to the carriage and return of checked baggage is subject to his/her possession and presentation of the baggage check, given him/her at the time of check-in and bearing the name of the passenger to whom the Carrier undertakes the obligation of carriage and the number of checked baggages carried.
If the person seeking to claim checked baggage is unable to produce the baggage check or to identify the baggage, Air Italy will return such baggage only if such person is able to give evidence and adequate proof of his/her right to claim such baggage. Air Italy reserves the right to subject such return to the issuance of a specific written release that will indemnify Air Italy against any and all further claims. Receipt by the ticket holder of his/her checked baggage without any immediate written complaint at the time of receipt indicates that the checked baggage has been delivered in good condition and in accordance with the contract of carriage.
9.9. The passenger has the right to travel with animals only if they are appropriately housed in containers designed for air carriage, specified by Air Italy, and have the required health and vaccination certificates, entry permits and other documents required by the countries of departure, destination or transit, whose verification must be made by the passenger in advance. If accepted as checked baggage, animals, with their container and food, will not be included in the free baggage allowance but will be considered special baggage for which the passenger will have to pay the applicable charge.
Guide dogs will be carried free of charge in addition to free baggage allowance, according to procedures indicated by Air Italy. If the Carrier accepts animals for carriage, the passenger will not be guaranteed any compensation or refund if such animals are denied entry and/or transit in a country of destination or transit. In addition, the Carrier assumes no liability for the lack or invalidity of required health and administrative documents for animals, and the passenger will be required to refund the Carrier for any and all sums it may have to pay as penalty or expense or damages due to such lack or invalidity. 9.10. In all cases of non-transportable objects, and in cases where the Carrier may refuse carriage or subject carriage to certain conditions, the passenger may request additional information from Air Italy or from its authorised agents, or access it from Carrier’s other product distribution channels or from its website.

ARTICLE 10 - SCHEDULES, DELAYS, CANCELLATIONS, DENIED BOARDING -

10.1. The times indicated on Carrier’s official timetables may be changed between the date of publication of the timetable itself and the date of beginning of travel. The Carrier does not guarantee the exactness of such times and, therefore, they do not form part of the Contract.
10.2. At the time of reservation, the Carrier will inform the passenger of the scheduled departure time of the flight in effect at the time of reservation, which will be stated on the ticket.
If the Carrier is forced to change the scheduled departure time of a scheduled flight or a low cost flight, it or its authorised agents will take all steps to publicise such change and to give passengers holding tickets with confirmed reservation sufficient advance notice of the schedule change with regard to such reservation.
If the schedule change – the so-called “re-scheduling” – concerns a charter flight, the Carrier will give timely notice of such change to the Tour Operator or the Travel Agency having the obligation to inform the passengers.
In the latter case (charter flights), only the Tour Operator or the Travel Agency will be liable for the lack of information on the new schedule to the passenger and all the relevant consequences, as the Company does not have any direct contact with the passenger.
10.3. The Carrier adopts all possible and reasonably feasible means to avoid delays in carriage of the passenger and his/her baggage, as well as to avoid flight cancellations and denied boarding.
10.4. In this regard, in line with the provisions of Art. 3 of EC Regulation no. 261/2004 with respect to passengers:
a) departing from an airport located in the territory of a Member State of the European Union subject to the provisions of the European Community Treaty;
b) departing from an airport located in a non-EU State with destination to an airport located in the territory of a Member State of the European Union to which said Treaty applies (except when the passengers receive benefits or compensations in goods and/or services or a financial indemnity and they have been provided service in such non-EU State);
c) who have confirmed reservation on the flight concerned;
d) and who, except in cases of cancellation, arrive for boarding in conformity to prescribed rules and at the time previously indicated in writing (including electronically) by the Carrier, tour operator or authorised travel agent or, if no time is indicated, at least forty-five minutes before the published departure time;
e) who may have been transferred by the Carrier or by a tour operator from the flight for which they hold a reservation to another flight, regardless of the reason;
f) who do not travel free of charge or at a reduced fare that is not available, directly or indirectly, to the public, except if they hold tickets issued under a frequent flyer programme or other commercial programme by the Carrier or tour operators, Air Italy, if it is the operating carrier for the flight in question pursuant to EC Regulation 261/2004, without prejudice to further passengers’ rights under the laws and regulations in force, will
A) In case of delay:
- if Air Italy can reasonably foresee that a flight will be delayed
(a) for two or more hours for all flights covering distances less than or equal to 1,500 kilometres; or
(b) for three or more hours for all intra-community flights covering distances greater than 1,500 kilometres, and for all other fights covering distances from 1,500 to 3,500 kilometres; or
(c) for four or more hours for all flights not falling under letters (a) or (b) above
offer at no cost:
food and drink in conformity to the length of the delay; and two telephone calls or messages via telex, fax or e-mail;

- if the reasonably foreseeable departure time is delayed by at least one day compared to the previously foreseen departure time, in addition to the above-described service, offer at no cost:
i) hotel accommodation in the following cases:
if one or more overnight stays are necessary, or if an additional stay is necessary, beyond that planned by the passenger, and transport between the airport and the place of accommodation (hotel or other).

- when the delay is at least five hours and the passenger decides not to travel on the delayed flight, in addition to the above-described meal and message services, in line with the provisions of Art. 6, paragraph 1 iii), offer refund of the entire cost of the ticket within seven days (in cash, by means of wire transfer, with bank deposits or cheques or, subject to written agreement, with travel vouchers and/or other services) at the purchase price, for the part or parts not taken, and for the part or parts already taken if the flight in question has become pointless with regard to the initial travel programme, as well as, if appropriate, a return flight to the initial point of departure as soon as possible.
B) In case of cancellation, in addition to informing passengers of available alternative means of transport, offer the following service:
(I) a choice of:
(a) refund of the entire cost of the ticket within seven days (in cash, by means of wire transfer, with bank deposits or cheques or, subject to written agreement, with travel vouchers and/or other services) at the purchase price, for the part or parts not taken, and for the part or parts already taken if the flight in question has become pointless with regard to the initial travel programme, as well as, if appropriate, a return flight to the initial point of departure as soon as possible; or
(b) boarding on an alternative flight to the final destination under comparable conditions of carriage as soon as possible; or
(c) boarding on an alternative flight to the final destination under comparable conditions of carriage on a subsequent date chosen by the passenger, subject to availability of seating;
(II) in addition, at no cost:
(a) food and drink in conformity to the length of the delay; and
(b) two telephone calls or messages via telex, fax or e-mail; as well as
(c) in case of boarding on a flight alternative to the cancelled flight, when the reasonably foreseeable departure time for the new flight is delayed by at least one day compared to the scheduled departure time of the cancelled flight:
(i) hotel accommodation in the following cases:
(c) if one or more overnight stays are necessary, or
(d) if an additional stay is necessary, beyond that planned by the passenger; and
(ii) transport between the airport and the place of accommodation (hotel or other);
(III) in addition, unless:
- the passenger had been informed of the cancellation at least two weeks before the scheduled departure time; or
- the passenger had been informed of the cancellation between two weeks and seven days before the scheduled departure time and was offered re-routing on an alternate flight not more than two hours before the scheduled departure time, with arrival at the final destination less than four hours after the scheduled arrival time; or
- the passenger had been informed of the cancellation less than seven days before the scheduled departure time and was offered re-routing, departing on an alternate flight not more than one hour before the scheduled departure time, with arrival at the final destination less than two hours after the scheduled arrival time; or
- Air Italy can prove that cancellation was due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken; pay the following compensation:
(a) EUR 250 for all flights covering distances less than or equal to 1,500 kilometres;
(b) EUR 400 for all intra-community flights covering distances greater than 1,500 kilometres, and for all other fights covering distances from 1,500 to 3,500 kilometres;
(c) EUR 600 for all flights not falling under letters (a) or (b) above.
If departure for the final destination on an alternate flight is offered as described at point I. (b) or (c), and the arrival time of such alternate flight does not exceed the scheduled arrival time of the originally booked flight:
(1) by two hours, for all flights covering distances less than or equal to 1,500 kilometres; or
(2) by three hours, for all intra-community flights covering distances greater than 1,500 kilometres, and for all other fights covering distances from 1,500 to 3,500 kilometres; or
(3) by four hours, for all flights not falling under cases (1) or (2), Air Italy may reduce such above-described compensation by 50%.
C) In case of denied boarding:
- before denying boarding for a flight, the Company undertakes to call passengers willing to voluntarily surrender their reservations in exchange for benefits under conditions to be agreed and for appropriate service as described at point I below;
- if there is an insufficient number of volunteers, and Air Italy refuses to board a passenger against his will, pay the following compensation: (a) EUR 250 for all flights covering distances less than or equal to 1,500 kilometres;
(b) EUR 400 for all intra-community flights covering distances greater than 1,500 kilometres, and for all other fights covering distances from 1,500 to 3,500 kilometres;
(c) EUR 600 for all flights not falling under letters (a) or (b) above. If departure for the final destination on an alternate flight is offered as described at point I. (b) or (c) below, and the arrival time of such alternate flight does not exceed the scheduled arrival time of the originally booked flight:
(1) by two hours, for all flights covering distances less than or equal to 1,500 kilometres; or
(2) by three hours, for all intra-community flights covering distances greater than 1,500 kilometres, and for all other fights covering distances from 1,500 to 3,500 kilometres; or
(3) by four hours, for all flights not falling under cases (1) or (2) of this paragraph, Air Italy may reduce such above-described compensation by 50%.
To determine distances, the basis of calculation will be the last destination at which the denial of boarding delays the passenger’s arrival after the scheduled time.
The compensation referred to above will be paid in cash, by means of wire transfer, with bank deposits or cheques or, subject to written agreement, with travel vouchers and/or other services.
Distances will be measured by the great circle route method.
In addition to the above, the Company will offer:
I. A choice of:
(a) refund of the entire cost of the ticket within seven days (in cash, by means of wire transfer, with bank deposits or cheques or, subject to written agreement, with travel vouchers and/or other services) at the purchase price, for the part or parts not taken, and for the part or parts already taken if the flight in question has become pointless with regard to the initial travel programme, as well as, if appropriate, a return flight to the initial point of departure as soon as possible; or
(b) boarding on an alternative flight to the final destination under comparable conditions of carriage as soon as possible; or
(c) boarding on an alternative flight to the final destination under comparable conditions of carriage on a subsequent date chosen by the passenger, subject to availability of space. II. In addition, the Company will offer at no cost:
food and drink in conformity to the length of the delay;
(a) hotel accommodation:
- if one or more overnight stays are necessary, or
- if an additional stay is necessary, beyond that planned; and;
(b) transport between the airport and the place of accommodation (hotel or other);
(c) two telephone calls or messages via telex, fax or e-mail.
For purposes of the above, “final destination” is defined as the final destination specified on the ticket presented at the check-in counter or, in case of connecting flight, the destination of the final flight; available alternate connecting flights are not considered if they are made with other Carriers and are not indicated in the same transport document. The passenger can find all necessary and useful information at Carrier’s airport check-in points, at its authorised agents, through its other product distribution channels, and on its website.
Reference is made to EC Regulation no. 261/2004 for what is not specifically provided by this Article.

ARTICLE 11 – REFUNDS -

11.1. Subject to the terms and conditions of Article 10 above, the Carrier will refund the ticket or any unused portion thereof, in conformity to applicable fare rules published on the website www.airitaly.it, as described below. The passenger has the right to refund of the amount paid for carriage, if the services to be provided by Air Italy pursuant to the contract are not provided or are not requested in whole or in part, with the exception of any more restrictive conditions provided by the fare(s) chosen by the passenger. 11.2. The ticket holder or the person who paid for the ticket will have a right to refund.
If the ticket was paid by someone other than the holder, the Carrier will effect refund only to such person or subject to his/her instructions, upon presentation of appropriate proof, and provided the ticket contains corresponding instructions. Refund effected by Air Italy in good faith and without negligence to a person who appears to be the holder and/or purchaser of the ticket, is deemed to be correctly effected with respect to the person entitled. Except in case of a lost ticket, the ticket holder/purchaser will have a right to refund only when the ticket and all unused flight coupons are returned to the Carrier. If the ticket is unused for reasons attributable only to Air Italy, any and all taxes collected by Air Italy together with the fare and indicated on the ticket will be reimbursed. Refund of such taxes is also applicable to non-refundable tickets purchased pursuant to specific promotional offers. In case of partial use (one segment only), the amount reimbursed will be proportionate to the taxes on the segment not flown. 11.3. Subject to the terms and conditions in the preceding paragraphs, if a ticket is lost, stolen, or totally/partially destroyed, the Carrier will refund such ticket or replace it in whole or in part at the passenger’s request, provided: a) the ticket holder exhibits a Police Report attesting to such loss, theft, or destruction;
b) the ticket holder provides proof, readily verifiable at the time of request, that the ticket had been validly issued; c) the passenger undertakes to return the refund or, in turn, to reimburse the Carrier for any cost or expense – up to the total price of the lost, stolen, or destroyed ticket – reasonably and necessarily incurred by Air Italy or by another carrier for any fraudulent use of the ticket, or for its refund to persons other than the person entitled who obtain it fraudulently. The Carrier will not require the passenger to pay costs that the Carrier incurs due to its own negligence. When re-issuing the ticket, the Carrier may require payment of a reasonable fee for such service, unless loss or destruction of the ticket is attributable to negligence of the Carrier or of its agents. The Carrier is liable to the passenger if it is proved that loss or destruction of the ticket was caused exclusively by negligence of the Carrier or of its employees. If the above-mentioned proof is not provided, or if the passenger refuses to undertake in writing to refund the Carrier as described above, the Carrier may require the passenger to pay an amount up to the full price of the replaced ticket when it issues the new ticket, such amount to be refunded when the Carrier verifies that the lost, stolen, or destroyed ticket has not been used prior to its expiration date. If the passenger regains possession of the ticket prior to its expiration date, such refund will be made when the ticket is returned to the Carrier. In all cases, a lost, stolen, or destroyed ticket will be refunded or replaced only after it has been verified that the ticket or part of it has not already been refunded or replaced. 11.4. A ticket issued by Air Italy or by one of its authorised agents may be refunded up to 5 (five) years after its expiration date, subject to any more restrictive conditions provided by the agreed fare. Air Italy reserves the right to refuse to refund a ticket if such refund may conflict with the immigration laws in force in the country in which the refund is requested. Air Italy reserves the right to make the refund with the same methods and currency used to pay for the ticket.

ARTICLE 12 – CONDUCT ABOARD -

12.1. If a passenger aboard the aircraft:
− jeopardises the safety of the flight;
− disturbs the other passengers and the crew or acts in such a way as to cause a disturbance;
− causes damage to the aircraft or baggage, or harms the other passengers or crew;
− obstructs the crew in the performance of its duties;
− disregards the crew’s instructions about proper behaviour on board or respect of in-flight procedures;
Air Italy may take appropriate measures to prevent or limit continuation of such conduct, including restraint within legal limits, and may disembark the passenger concerned or refuse to continue the carriage.
In addition to the above, Air Italy reserves the right to report a passenger who acts in the above-described manner if such action is considered a criminal or disciplinary offence under applicable law.
12.2. The passenger undertakes to follow Air Italy’s instructions that, for reasons of flight safety, prohibit or limit the on-board use of electronic devices such as, for purposes of example only:
− cell phones, portable computers, portable recorders, portable radio devices, CD players;
− electronic games;
− receiver-transmitter devices, including remote-controlled or radio-controlled toys and walkie talkies.
The above does not include medical devices such as hearing aids or pacemakers essential to the passenger’s health, about which Air Italy must be informed in advance.
12.3. The passenger also undertakes to follow Carrier’s rules that prohibit smoking on its aircraft, on pain of the penalties prescribed by law.

ARTICLE 13 - ADDITIONAL SERVICES -

When the Contract is stipulated, if the Carrier agrees to arrange the supply of additional services by third parties, or if the Carrier issues coupons for carriage other than air carriage, or other services such as hotel bookings, car leasing, etc., the Carrier will be considered only an intermediary and, therefore, will have no liability to the passenger except as may relate to such intermediary role and pursuant to applicable law. If the Carrier provides the passenger with ground transportation service outside an airport, these G.C.C. will not apply to such transportation different from air carriage.
As for catering, film showings during flights or other additional services provided at the Company’s discretion depending on operational possibilities, non-provision of such services will not give right to any refund or compensation to the passenger.

ARTICLE 14 - ADMINISTRATIVE FORMALITIES -

The passenger must hold the necessary travel documents and must comply with laws, regulations, orders, rules, and conditions emanated by the country of departure, destination, or transit. Therefore, he/she will have no right to any damages or refund from the Carrier due to consequences deriving from the lack or falsity of such documents or visas or from the infringement of such laws, regulations, orders, rules, and conditions. Subject to the terms of Art. 9 point 9 above, the passenger undertakes to reimburse Air Italy for all sums paid or deposited and for all expenses incurred due to the lack or falsity of required documents or due to the failure to comply with laws, regulations, orders, rules and conditions emanated by the country of departure, destination, or transit. For such payments, Air Italy may use any other sum that the passenger has paid for carriages not yet performed or for any other reason. The passenger undertakes to show Air Italy all documents required by the laws, regulations, orders and rules of the country of departure, transit, and destination, and upon his/her initiative must make certain that they are in order. The passenger also undertakes to allow Air Italy to make a copy of such documents for purposes of complying with national, international, and foreign immigration laws. Air Italy guarantees that the data contained therein will be processed in conformity to regulations for the protection of privacy. The passenger who lacks the above-mentioned documents or who presents documents that are not in order will lose his/her right to carriage.
Whenever a passenger is denied entry in a country, such passenger must reimburse Air Italy for any and all fines or other money-penalties issued, as well as all costs and expenses incurred as a result of such denied entry. Moreover, the passenger will not have any right to a refund of amounts paid for carriage to the place of denied entry or expulsion.
The passenger is obliged to submit himself or herself to all ordinary security checks legitimately conducted by competent authorities, by other authorised parties, or by the Carrier. In case of physical harm to the passenger or damage to his/her baggage caused by equipment used for security checks not conducted directly by Air Italy or not managed by it, the passenger will not have any right to damages from the Carrier unless its fault is duly proved. The passenger also undertakes to permit inspections of his/her person and baggage by Customs Officers, as well as by other governmental authorities or competent parties, including on request of Air Italy, if based on objective reasons of security. The passenger will not have any right to damages from the Carrier for any harm to his/her person or damage to his/her baggage during the inspections referred to above, unless the Company’s fault is duly proved. The passenger will not have any right to carriage if he/she opposes such inspections.

ARTICLE 15 - CARRIER’S LIABILITY IN CASE OF DEATH OR INJURIES OF THE PASSENGER

15.1. The carriage of passengers and baggage by air is governed by all the provisions established by:
(1) (EC) Regulation no. 2027/97, as amended and supplemented by (EC) Regulation no. 889/02;
(2) the Montreal Convention, provided that it is defined as international transport under the same Convention;
(3) other national and foreign legislations, where applicable;
(4) the Charter of Passengers’ rights and these G.C.C..
15.2. According to applicable regulations, the Carrier is liable for damage sustained in case of death, wounding or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Carrier’s liability for damage sustained in case of death or bodily injury of a passenger due to an accident taking place on board the aircraft or in the course of any of the operations of embarking or disembarking is not subject to any financial limit.
15.3. For damages not exceeding 100,000 SDR (approx. € 115,000) sustained in case of death or bodily injury of a passenger, the carrier shall not be able to exclude or limit its liability.
15.4. The Carrier will not be liable for damage sustained in case of death or bodily injury of a passenger to the extent that they exceed 100,000 SDR (approx. € 115,000) if it proves that:
a) such damage was not caused by the negligence, wrongful act, or omission of the Carrier or of its employees or agents;
or that
b) such damage was caused exclusively by the negligence, wrongful act, or omission of a third party.
15.5. If the passenger’s age or physical and/or mental state are such that air carriage implies any risk or danger for such passenger, the Carrier will not be liable for the worsening of such state, or for the arising of any illness, injury, disability, or death, that can be attributable to such state. 15.6. Air Italy’s insurance coverage for liability to passengers is adequate and conforms to applicable laws.
15.7. The Carrier must, without delay, and in all cases within 15 (fifteen) days after identification of the individual entitled to damages, make advance payments required to satisfy immediate economic needs in proportion to the damage suffered.
In case of death, advance payments will not be less than 16,000 SDR (approx. € 18,400) per passenger.
An advance payment does not constitute acknowledgement of liability, and may be offset against any additional amount due based on Carrier’s liability.
The Carrier has the right to demand total or partial restitution of such advance payment if such payment is deemed to have been unwarranted because it is subsequently proved that the damage was caused in whole or in part by the negligence of the injured or deceased passenger, as well as if it is subsequently demonstrated that the beneficiary of the advance payment had provoked or contributed to the damage with his/her negligence or if he/she is not the person entitled to compensation.

ARTICLE 16 - CARRIER’S LIABILITY FOR DAMAGE TO BAGGAGE -

16.1. According to applicable regulations, the Carrier is liable for damage sustained in case of destruction or loss of, or damage to checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the Carrier. However, the Carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage, or if the passenger has contributed to causing the damage.
16.2. If the Carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of 21 (twenty-one) days after the date on which it should have arrived, the passenger is entitled to enforce against the Carrier the rights deriving from the contract of carriage. 16.3. In case of unchecked baggage, the Carrier is liable if the damage derives from its fault or the fault of its employees or agents that is duly proved.
16.4. In the carriage of both checked and unchecked baggage, the liability of the Carrier in case of destruction, loss, or damage is limited to 1,000 SDR (approx. € 1,167.00) per passenger.
Notwithstanding the above, the passenger has the right, when the checked baggage is handed over to the Carrier, to make a special declaration of interest in delivery at destination, paying a supplementary sum if so required. In that case the Carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination. 16.5. Provisions regarding the limits of Carrier’s liability in case of destruction, loss or damage of both checked and hand baggage will not apply if it is proved that the damage resulted from an act or omission of the Carrier, its employees or agents, done with the intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of an employee or agent, it is also proved that such employee or agent was acting within the scope of his/her employment. 16.6. The Carrier is not liable for personal injury and damage to the passenger’s baggage caused by the contents of such baggage. The passenger whose baggage has caused injury to another passenger or damage to another passenger’s baggage or to Carrier’s property will have to compensate the Carrier for all such damage and the expenses deriving therefrom. 16.7. The Carrier is not liable for damage to checked baggage if such baggage consists of goods or objects that do not come under the definition of checked baggage contained in these G.C.C..
In particular, the Carrier will not be liable for damage to (also connected to delayed delivery) or the loss of valuable, fragile, or perishable objects, cash, jewels, silverware and precious metals in general, negotiable securities, credit instruments, stock and bond certificates or other securities, business or commercial documents, sample collections, passports and other personal identification documents, computers, electronic equipment, digital and non-digital cameras and video cameras, as well as objects that have been placed in the passenger’s checked baggage contrary to the provisions of Art. 9 of these G.C.C.. 16.8. If the weight of checked baggage is not recorded on the baggage check, it is assumed that the total weight of checked baggage does not exceed the weight allowance for the service class in question.

ARTICLE 17 - CARRIER’S LIABILITY FOR DAMAGE DUE TO DELAY IN CARRIAGE OF PASSENGERS AND BAGGAGE -

17.1. The Carrier is liable for damage caused by delayed carriage of passengers and baggage.
Full reference is made to the law provisions in force including EC Regulation no. 261/2004, the Charter of Passengers’ rights and the Montreal Convention of 28.5.1999.

ARTICLE 18 - UNIFORM RULES REGARDING CARRIER’S LIABILITY -

18.1. If the Carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, the Carrier will be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the Carrier will likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. 19.2. The Carrier is not liable for damage that may result from its or the passenger’s compliance with laws, regulations, orders and instructions from authorities.
19.3. In no case can Carrier’s liability exceed the amount of damage proved. Moreover, the Carrier is not liable for indirect or consequential damages, understood as damages that are not foreseeable as normal effects of Carrier’s default or wrongful act. Nor will the Carrier be liable for damage that the passenger could have prevented by using ordinary diligence. 19.4. Any exclusion or limitation of Carrier’s liability will also apply to its agents, employees, assistants and servants, provided it is proved that they acted within the scope of their employment, as well as any company – and its agents, employees or representatives – whose aircraft is used by the Carrier. 19.5. Unless otherwise established to the contrary, no rule contained herein causes or implies Carrier’s waiver of any exclusion or limitation of liability provided to the Carrier under the Montreal Convention or other applicable laws.

ARTICLE 19 - TIME LIMITATION ON CLAIMS AND ACTIONS -

19.1. Receipt by the person entitled to delivery of checked baggage without complaint is prima facie evidence that same has been delivered in good condition and in accordance with the document of carriage. 19.2. In case of damage to checked baggage (destruction, deterioration, tampering, total or partial loss, delay), the person entitled to delivery must: - as soon as the damage is discovered, immediately file a report with the Carrier at the airport of destination, using the appropriate form (PIR - PROPERTY IRREGULAR REPORT) that includes a detailed list of the contents of the baggage, and - complain within 7 (seven) days from the date of receipt of checked baggage in the manner specified by the Carrier or by its authorised agents when the damage report is filed. In case of delayed delivery, the complaint must be made at the latest within 21 (twenty-one) days from the date on which the baggage has been placed at his/her disposal.
If the damage can be noted when checked baggage is received, the person entitled to delivery must make an immediate complaint. Otherwise, when the complaint is presented the passenger will have to prove that the damage occurred during the period in which the Carrier had charge of the checked baggage, and not before or after such period. 19.3. The complaint must be made in writing and presented or transmitted by the above-mentioned deadlines, ON PAIN OF LOSING THE RIGHT TO DO SO. 19.4. With regard to the carriage of passengers and unchecked baggage, the right to damages shall be extinguished if an action is not brought within two years from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date the carriage was interrupted. The method of calculating that period shall be determined by the laws and regulations in force.
In case of checked baggage, the right to damages shall be extinguished if an action is not brought within two years from the date of delivery or from the date that delivery should have been made. The method of calculating that period shall be determined by the law provisions in force. 19.5. In the carriage of passengers and baggage, any action for damages, however founded, under the contract of carriage, can only be brought subject to the conditions and such limits of liability as are set out in the Montreal Convention and implemented by these G.C.C., without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights.

ARTICLE 20 - CHANGES AND WAIVERS -

When the ticket is reserved, the passenger is informed that no agent, employee, or servant of the Carrier has the power to substitute, change, or cancel the rules in these G.C.C.. No clause in these G.C.C. may be interpreted as a waiver of Carrier’s legal obligations.