1)
For the purposes of this contract:
- the term "baggage" means such
articles, belongings and other
objects of personal property
of a passenger, or in his or
her possession, as are necessary
or appropriate to be worn, used,
kept for comfort or convenience
in connection with the journey.
Unless otherwise specified,
the term "baggage" includes
both checked and unchecked (or
hand) baggage of the passenger
- the term "ticket" means the
"passenger ticket and baggage
check"
- the term "conditions of contract"
means this extract of the applicable
ALITALIA General Conditions
of Carriage
- the term "Special Drawing
Rights" (SDR) means a special
currency as defined by the International
Monetary Fund, whose exchange
can be found on major financial
newspapers (*)
- the term "baggage check" means
that document issued to the
passenger as evidence of the
taking in custody by ALITALIA
of the passenger’s checked baggage
- the term "carriage" means
"transportation by air" as provided
by the contract made between
the carrier and the passenger
(*) At the moment of the printing
of this ticket such a value is equal
to about 1,2 Euro.
- the term "carrier" means ALITALIA
and all contractual or actual
air carriers that carry or undertake
to carry the passenger or his
baggage by this ticket;
- the term "MONTREAL CONVENTION"
means the "Convention for the
Unification of Certain Rules
Relating to International Carriage
by Air", opened for signature
in Montreal, on 28 May 1999,
entered into force for the European
Community on 28 June 2004.
2) Carrier's name may be abbreviated
in the ticket. If not otherwise
specified, carrier's address shall
be deemed to be the airport of departure
shown beside the first abbreviation
of carrier's name in the "CARRIER/VETTORE"
box of the ticket.
3) Carriage hereunder is subject
to:
- the rules and limitations
relating to liability established
by the European Regulation (EC)
no. 2027/97, as modified and
amended by European Regulation
(EC) no. 889/2002
- the Montreal Convention
- the Italian Navigation Code
- if not in conflict with the
foregoing legislative acts,
to the other national, European
and international applicable
regulations
- the ALITALIA General Conditions
of Carriage
- the applicable fares and their
specific regulation
4) Carriage hereunder, when performed
by multiple successive carriers,
is considered as a single carriage.
5) These conditions of contract
are applicable only to those flights
for which ALITALIA is the contractual
or the actual carrier. Therefore,
these Conditions do not imply the
liability of ALITALIA when the same
has issued the ticket on behalf
of another carrier whose identification
code is indicated on the ticket.
6) Any exclusion or limitation of
liability of carrier shall apply
to and be for the benefit of servants
and agents of carrier if they prove
that they acted within the scope
of their employment, and of any
person or company whose aircraft
are used by carrier for carriage, included
its servants and agents.
7) Checked baggage will be delivered
only to the bearer of the baggage
check.
8) In all cases of damage to checked
baggage, pilferage, partial or total
loss or delay in the delivery of
it, if the person entitled to delivery
does not give notice of the irregularity
to Carrier, it is presumed that
the baggage was delivered in good
condition and in accordance with
the terms of the contract of carriage.
The notice shall be made in writing
immediately upon delivery or at
the time when delivery was due.
Furthermore, in case of damage to
checked baggage, a claim must be
filed in writing by passenger to
carrier immediately after discovery
of damage or, at the latest, within
the following time limits:
- seven days from the date of
the notice of irregularity in
case of damage o pilferage;
- twenty-one days from the date
of the notice of irregularity
in cases of total loss or delay.
In case of lack of a claim within
the above mentioned time limits,
any action against the Carrier is
not enforceable.
Any right to damages shall be extinguished
if an action is not brought before
a court within two years from the
date of delivery or from the date
when delivery was due.
9) A full fare ticket is valid for
carriage for one year from the date
of commencement of travel or, if
no portion of the ticked is used,
from the date of issue thereof.
A special fare ticket is valid for
the period provided by such special
fare and reported on the ticket.
The applicable fare is the fare
in force at the date of the payment
of the ticket.
Carrier may refuse carriage if the
applicable fare or any due charges,
taxes and accessory expenses have
not been paid.
10) Carrier undertakes to use its
best efforts to carry the passenger
and his or her baggage with reasonable
dispatch and in observance of published
scheduled timetables effective at
the time of the journey.
If, due to circumstances beyond
its control, carrier cancels or
delays a flight, is unable to provide
previously confirmed seat, fails
to respect a stop over or a passenger's
destination place, or causes the
passenger to miss a connecting flight
on which the passenger holds a reservation,
carrier shall either:
- carry the passenger on another
of its scheduled flights on
which a seat is available; or
- re-route the passenger to
the destination indicated on
the ticket or a portion thereof
by its own scheduled service
or the scheduled service of
another carrier, or by surface
transportation; or
- refund the ticket.
11) The passenger shall be solely
responsible for complying with all
laws, regulations, orders, tariffs
and travel requirements of departure,
transit and destination Countries
and with carrier’s regulations and
instructions. Carrier shall not
be liable for any aid or information
anyhow given by any agent, subsidiary,
servant, employee and representative
of carrier to passenger in connection
with all necessary documents or
visas or with the way to comply
with such laws, regulations, orders,
demands, and requirements, or for
the consequences to any passenger
resulting from his or her failure
to obtain such documents or visas
or to comply with such laws, regulations,
orders, tariffs, requirements, rules
or instructions.
12) No agent, subsidiary, servant,
employee and representative of carrier
has the authority to alter, modify
or waive any provision of these
conditions of contract.
13) If the passenger keeps a conduct
aboard the aircraft so as to endanger
or jeopardize the aircraft or any
person or property on board, or
hinders the crew in the performance
of its duties, or fails to comply
with any instruction of the crew,
or behaves in a manner to which
other passengers may reasonably
object, Carrier may take such measures
as it deems necessary to prevent
continuation of such conduct, including
disembarkation and adoption of constraint
measures. |
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Terms & Conditions of Carriage
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