ARTICLE 1
DEFINITIONS
The terms and definitions used in these General Conditions of Carriage (hereinafter “G.C.C.”) have the following meaning:
Italia Trasporto Aereo
Italia Trasporto Aereo, or ITA, or company, or airline, indicates Italia Trasporto Aereo S.p.A., having registered office in Rome, zip code 00187, Via Venti Settembre, VAT, tax code and number of registration with the Registro delle Imprese di Roma 15907661001, website www.itaspa.com, IATA code “AZ”.
ITA Web Site
Means Carrier's web site (www.itaspa.com), on which these G.C.C. and other pertinent information are available.
Applicable Regulations
Means the rules applicable to air transport, whose text or summary is displayed at “Applicable Regulations” section of ITA Web Site. These rules do not form part of the contract of carriage and are subject to changes from time to time by the competent regulatory and legislative authorities.
Authorised Agent
Means an agent appointed by the ITA to sell air transport services to passengers (such as Alitalia and, for example only, travel agencies, on-line sales, etc.).
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 undertakes to bring along with the passenger as an obligation accessory to the contract of carriage. Unless otherwise specified, the definition of baggage shall include both registered and undelivered baggage. Animals travelling with the passenger are considered baggage.
Carrier
Means the legal entity that performs air carriage. Distinction must be made between the Marketing Carrier and the Operating Carrier. The Marketing 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 Operating 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.
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.
EMD, E-Vouchers, TCV
Indicates the electronic documents, confirmed through paper receipt, which allows the person in its possession to benefit from ITA’s services specified from time to time.
Fare
This indicates the ITA fares that can be seen through the company's distribution channels (Authorized Agents, Contact Centers, ticket offices) or published on the ITA website.This is also shown in the relevant box on the Ticket.Fares may involve specific conditions and/or restrictions – known as the Fare Rules – regarding: (i) validity and duration of the Ticket; (ii) reservations and ticket issuance; (iii) methods of use and refund of the Ticket (iv) services included in the Fare, such as to supplement or modify the provisions of these G.C.C.; the Fare Rules are made known to the customer at the time of the operations connected with the purchase of the Ticket according to the purchase methods envisaged, by the Authorized Agents, by the Contact Center or by the ticket office, or on the ITA website, in case of purchase through web.
Flight or Travel
Means the itinerary of the agreed carriage, which may consist of one or more segments.
IATA
Means the International Air Transport Association, the trade association of which most of the world's commercial airlines are members. More information about IATA are available on the website www.iata.org.
ICAO
Means the International Civil Aviation Organization, an agency of United Nations dealing with the regulation of civil aviation. More information about ICAO are available on the website www.icao.int.
Passenger
Means any individual who is not a member of the cockpit crew or cabin crew of the flight in question, carried or to be carried on an aircraft with ITA’s consent, normally upon payment of the applicable fare.
Registered Baggage (or delivered baggage, or cargo hold baggage)
Means the baggage or the animal travelling with the passenger of which ITA takes sole custody and for which the Carrier has issued a baggage check (so called baggage receipt).
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.
Segment
Means each and every national, international or intercontinental leg of a flight.
Stopover
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 ITA’s timetables as a scheduled stopover during the itinerary, or effected for operative and/or safety reasons.
Ticket
Means the document issued by ITA, or in its name or on its behalf by Alitalia Società Aerea Italiana S.p.A. in extraordinary administration (“Alitalia”) under the agreement entered into on 20 august 2021 and/or by other Authorized Agents, whether in form of a receipt or electronic document, which confirms the conclusion of the contract of carriage and legitimates the use of the service.
Time Limit of Acceptance
Means the time limit by which check-in must be completed.
Unregistered baggage (or undelivered baggage)
Means any baggage or animal travelling with the passenger that is not registered and, therefore, not consigned to the Carrier and that can be carried in the passenger cabin.
ARTICLE 2
APPLICABILITY
2.1. Except as otherwise provided for under Articles 2.2 or 2.4 hereof, these G.C.C. apply to flights, or flight segments, where the ITA name or AZ designator code is indicated in the carrier box of the Ticket for that flight or flight segment. The present G.C.C exclusively apply to air transport services contracted and/or operated by ITA. Any accessory services, including those offered by ITA, are regulated by rules relating to the service offered from time to time and by the general conditions of contract of the relevant provider.
2.2. ITA uses the contractual forms in use for international air carriage, such as, for example, code share, wet lease and so on. In the context of such contractual forms of carriage, the flight may be operated by a carrier or carriers other than ITA (Operating Carrier(s)). In this case the general conditions of carriage of the Operating Carrier(s) will apply. They can be found on the ITA Website during the purchase process or on the said carrier’s or carriers’ website(s). If there is a difference between the ITA G.C.C. and those of the Operating Carrier(s), the latter will prevail. As the contractual carrier of the air carriage service, ITA will be responsible for informing the passenger of the identity of the Operating Carrier(s), acting as the Contractual Carrier in accordance with the Applicable Regulations. Authorized Agents are also required to inform the passenger of the identity of the Operating Carrier if it is different from the Contractual Carrier.
2.3. Only in the different case of successive carriage, i.e. when the passenger and ITA agree that the carriage shall be performed by several successive airlines, including ITA, as a single carriage, these G.C.C. will apply only to the carriage performed by ITA, both in the case that only one Ticket is issued and when a “conjunction” Ticket is issued, i.e. in conjunction with another ticket, which together are recorded in a single contract of carriage.
In such a situation of cumulative carriage, ITA is liable only for damage occurring during the carriage on flights or flight segments where the ITA designator code (AZ) is given in the box marked “CARRIER”.
2.4. If the carriage is performed on the basis of a charter contract or an all-inclusive tourist package, these G.C.C. apply only if this is specified in the charter contract or on the Ticket.
ARTICLE 3
TRANSPORT CONTRACT - RESERVATION - TICKET - RATES AND ADDITIONAL EXPENSES - CHOICE OF SEAT
3.1. Contract of carriage
The contract of carriage is concluded with the purchase of the Ticket and the G.C.C. published on the ITA’s Web Site as at the date of its conclusion shall apply to it.
3.2. Booking
3.2.1. The purchase of the Ticket can be preceded by reservation. In such cases, ITA or its Authorized Agents will register the passenger’s reservation, providing written confirmation and booking code upon request. Only bookings confirmed by ITA’s system will be considered valid for ITA flights. ITA is not responsible for damages caused by failing to or erroneously completing such registration, unless such may be ascribed to misconduct or negligence of the company. If the passenger fails to complete the payment for the Ticket before the date specified by ITA or Authorized Agents, ITA will be entitled to cancel the confirmed booking.
3.2.2. The passenger may ask for a specific seat on board when such is provided by the Tariff Rules applicable from time to time, found on ITA’s Web Site and during the purchase of Ticket, or communicated by Authorized Agents, ticket offices and Contact Center operators. ITA will do everything possible to confirm the anticipated assignment of seats on board. However, in case of substitution or modification of the aircraft which should have been used for a certain flight, assignment of seats may not be assured even though the passenger had received confirmation. For security and/or operative reasons, ITA may change assigned seats in any moment, even after boarding. If the passenger has paid an extra fee to be assigned a certain seat on board, the Carrier will reimburse said extra fee if such seat is not available due to the aforementioned reasons.
3.2.3. Except for different provisions under the applicable Tariff Rules, to be communicated by Authorized Agents, ticket offices and Contact Center operators to passengers at the time of booking, prospective variations of Fares (exceeding or diminishing), taxes and charges imposed by third parties (such as airport charges and other taxes, duties or additional costs for safety) in the period between the booking and the purchase of Ticket will be applied, respectively, in favor or on the account of the passenger willing to finalize the purchase of Ticket.
3.3. Ticket
3.3.1. Carriage will only be provided upon proof of the Ticket. ITA may ask the passenger to exhibit his/her Ticket, and/or the paper or electronic confirmation of acceptance on board (boarding card), at any time until the end of the trip. For security reasons, the Carrier has the right to check if the person presenting the Ticket is actually the person whose name appears on such Ticket. If the Ticket is presented by a person other than the passenger having the right to be carried or refunded, ITA (subject to its right to withdraw the Ticket) will neither perform carriage nor refund the person who presents the ticket.
3.3.2. The Ticket is non-transferable to third parties.
3.3.3. The term of validity of the Ticket is indicated by the applicable Tariff Rules. If no term of validity is indicated a Ticket is valid for: (a) one year from the issuance date; or (b) one year from the date of the first leg indicated by the Ticket, subject to operation of the first leg within one year from the issuance date.
3.3.4. The rules for Ticket refund are set forth in article 10 of these G.C.C. and are consultable on page changes and refunds of ITA’s Web Site and during the purchase of the Ticket, or communicated by Contact Center Operators, ticket offices and Authorized Agents.
3.3.5. If a passenger cannot start a trip due to illness, he/she must cancel the reservation before the departure of the flight and provide medical documentation from a hospital (or from an emergency room, which must either be public or affiliated with the national health service) within seven days of the cancellation request. A no-show is not allowed.
At the request of the passenger, ITA will extend the validity of the Ticket until the day on which the passenger, again according to the above-mentioned medical certificate, is able to travel or until the first flight after that date departing from the departure location and having a seat available in the class relating to the fare paid. If there is no seat available in said class, the passenger will be charged the fare difference. The validity of the Ticket and any EMDs for ancillary services, if available, will be extended for no more than three months from the date shown on the medical certificate.
In the aforementioned cases, ITA will also extend the period of validity of the tickets (and of EMDs for ancillary services purchased together, if available) of any travel companions of the infirm passenger who provide ITA with evidence of their traveling together.
Accompanying persons who form part of the same household or who cohabit with the infirm passenger will only have to provide supporting documents (household certificate) if booked under a different PNR.
Accompanying persons who are not in the same household and who are travelling with the infirm passenger must necessarily be booked under the same PNR.
If the passenger is not interested in obtaining an extension, the ticket may be refunded in accordance with the fare regulations.
3.3.6.If a passenger cannot complete a trip after starting it within the period of validity of the Ticket due to illness, he/she must cancel the reservation before the departure of the flight and provide medical documentation from a hospital (or from an emergency room, which must either be public or affiliated with the national health service) within seven days of the cancellation request. A no-show is not allowed.
At the request of the passenger, ITA will extend the validity of the Ticket until the day on which the passenger, again according to the above-mentioned medical certificate, is able to travel or until the first flight after that date departing from the departure location and having a seat available in the class relating to the fare paid. If there is no seat available in said class, the passenger will be charged the fare difference. The validity of the Ticket and any EMDs for ancillary services, if available, will be extended for no more than three months from the date shown on the medical certificate.
In the aforementioned cases, ITA will also extend the period of validity of the tickets (and of EMDs for ancillary services purchased together, if available) of any travel companions of the infirm passenger who provide ITA with evidence of their traveling together.
Accompanying persons who form part of the same household or who cohabit with the infirm passenger will only have to provide supporting documents (household certificate) if booked under a different PNR.
Accompanying persons who are not in the same household and who are travelling with the infirm passenger must necessarily be booked under the same PNR.
If the passenger is not interested in obtaining an extension, the unused part of the ticket may be refunded in accordance with the fare regulations.
3.3.7. In the event of the passenger dying prior to travel, the ticket may be refunded upon submission of the appropriate documentation within seven days of the cancellation request.
In the event of the passenger dying during the trip, ITA will extend the period of validity of the tickets (and of EMDs for ancillary services purchased together, if available) of any accompanying persons who form part of the same household or who cohabit with the passenger, who will only have to provide supporting documents (household certificate) if booked under a different PNR.
Accompanying persons who are not in the same household and who are travelling with the passenger must necessarily be booked under the same PNR.
In the event of the death of a passenger's immediate family members (parents, children, spouse/cohabiting partner, siblings and in-laws) within ten days prior to the day of departure or during the trip, the validity of the ticket of the passenger and of any accompanying immediate family members may be extended. Any change shall be made upon submission of an appropriate death certificate and household certificate. The extension will be limited to 45 days from the date of death.
3.3.8. 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 stopover. The Fare paid by the passenger refers to carriage as specified on the Ticket. The Fare and applicable Fare Rules, as defined in article I of these G.C.C., form an integral and essential part of the contract of carriage. If the purchased Ticket includes a series of segments, these have to be used in the prescribed order.
However, only in case of tickets sold in Italy, if the first leg of the flight is not used for any reason, the request to hold the validity of the Ticket for the return flight, can be accepted only if previously communicated to ITA’s Contact Center:
- within the 24 hours following the departure of the unused flight;
- if the departure time of the return flight falls within the 24 hours from the first flight, at least 2 hours before the departure time of the return flight.
The Contact Center will issue a new electronic Ticket for the modified itinerary and the check-in shall be performed on the ITA’s website (if available) or at the airport.
In case the above terms and conditions are not strictly met, ITA, subject to seats availability, reserves the right to ask for the payment of the difference between the original ticket purchased and the highest fare in the same class/compartment applicable to the modified itinerary at the time of ticket reissuance. In case the no-show conditions of the original fare ticket are more favourable for the passenger, these will be applied
3.3.9. If allowed by the applicable Fare Tariffs, the passenger must give the Carrier suitable advance notice if he/she wishes to change the itinerary or any other aspect of the contract of carriage.
3.4. Fares and ancillary costs
3.4.1. The price of the Ticket includes the Fare, as well as taxes and all other additional charges and surcharges applicable to carriage, imposed by law or required by government or other competent authorities.The Fares apply only in relation to transport from the airport of departure to that of final destination.Fares do not include land transport services between airports and between airports and urban terminalsand other optional or ancillary services not expressly included in the Fare Rules. The Fares are determined according to the ITA Fare Rules applicable at the time of purchase and according to the chosen itinerary.Any changes to the trip subsequent to purchase, where permitted by the Fare Rules, may result in the request for a fare supplement.
3.4.2. The requirements (age, residence, and so on) that may be required to benefit from dedicated or special rates may be verified by ITA at any time and must exist at the time of boarding the flight(s).If the absence of these requirements is verified, ITA may deny boarding, or, where possible and provided that the passenger is available for the relative payment, request any Fare integration.
3.4.3. Fares, taxes and other additional charges are payable in the currency of the country in which the Ticket was issued, unless ITA or its Authorized Representatives require, before or at the time of payment of the Ticket price, that, for just cause or a legitimate reason, the payment is made in another currency (for example, due to the non-convertibility of the local currency).
3.4.4. Depending on the purchase channel chosen (Authorized Agents, Contact Center, ticket offices, web), a fee may be applied for the ticket sales and/or issuance service (so-called Ticketing Fee/sales service).
3.5. Seat selection
3.5.1 The passenger may request the assignment of a specific seat on board free of charge where the choice of seat is offered among the services included in the Fare and provided for by the Fare Rules applicable on a case-by-case basis. The Fare Rules can be consulted on the ITA website during the ticket purchase process, or communicated by the operators of the Contact Center, ticket offices or Authorized Agents.
3.5.2 Where the Fare does not include the choice of seat, the passenger can normally make it by paying a fee. If the seat is not chosen in advance, ITA will assign it free of charge at check-in. The system will attempt to allocate nearby seats to other Passengers on the Reservation, but this possibility is subject to availability and cannot be guaranteed.
3.5.3 ITA will do its best to confirm the early assignment of seats on board, if chosen by the passenger. However, in the event of replacement or modification of the aircraft which is intended to be used for a particular flight, the assignment of a specific seat, even if confirmed, may not be guaranteed. ITA may also change the assignment or assign seats at any time, even after boarding, for operational and/or safety reasons. For safety reasons, some seats have restrictions and are not suitable for all passengers.
3.5.4 If the passenger has paid a fee for the assignment of a specific seat on board, they will be entitled to a refund in the event that the seat is no longer available for the reasons described above or in the case of non-use of the ticket for reasons not dependent on the passenger (e.g. flight cancellation).
3.5.5. To know all the Terms and Conditions relating to Seat Selection see here
ARTICLE 4
CHECK-IN AND BOARDING
4.1. The time limit for passenger check-in is different at each airport. Therefore, the passenger must find out about applicable time limits and respect them. In any case, ITA or its Authorized Agents will provide the passenger with information on the time limit for check-in of the first flight shown on the Ticket. It is always advisable arriving early for check-in to allow the Carrier and the passenger completing formalities in the best manner.
For any and all subsequent flights, the passenger must find out about the applicable time limit for check-in, and verify that connection times between segments are sufficient for check-in and boarding. Special indications and time limits may be given for certain passenger categories, such as passengers with reduced mobility, children under the age of 2 and unaccompanied minors or passengers traveling with animals (see article 6).
4.2. Information on time limits of passenger check-in are an integral part of the contract of carriage and are available on page Check-in time limits of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
4.3. If the passenger does not respect the time limit for check-in ITA will not be obliged to transport the passenger and may cancel the booking of the first flight as well as of subsequent flights, always provided the application of Fare Rules regarding changes and refunds (available on ITA’s Web Site or communicated by Contact Center operators, ticket offices and Authorized Agents) and without prejudice to the above article 3.3.8.
4.4. Once check-in is completed, the passenger must arrive at the boarding gate no later than the time specified by ITA at check-in.
4.5. If the passenger does not arrive at the boarding gate by the prescribed time ITA will not be obliged to transport the passenger and may cancel the booking of first flight as well as of subsequent flights, always provided the application of Fare Rules regarding changes and refunds and without prejudice to the above article 3.3.8.
4.6. ITA is not liable for any cost or expense incurred by a passenger who has not complied with the terms and conditions of this articles.
4.7. In order to check in and board a flight, the passenger shall hold all of the documents to enter and leave the country, visas required for the trip, sanitary and vaccine certificates, along with proof of fitting requirements for special tariffs purchased, if any. Such documents shall be valid during the operation and for the entire course of the flight. The passenger is also required to respect all dispositions of countries of transit, departure and arrival, along with ITA’s instructions and regulations. Further provisions regarding administrative formalities are found in article 12 below.
4.8. The Carrier provides general information regarding documents necessary to travel in different destination countries on page Travel Documents[PC4] of ITA’s Web Site. The passenger shall be aware and inform ITA about any information on personal limits and conditions regarding the country of destination, by checking them with the Consulates or the Embassies of the transit and/or destination countries.
ARTICLE 5
REFUSAL AND LIMITATION OF CARRIAGE
ITA may refuse to carry, interrupt carriage or continuation of carriage of, any passenger and/or his/her baggage for security reasons, or if:
a) it is necessary to comply with laws, regulations, or rules of any country of departure, destination, or overflight, expressly including the ones related to COVID-19 pandemic;
b) it is necessary upon written request of an authority of the country of departure, transit or destination;
c) the carriage of the passenger and/or his/her baggage could constitute a threat to the security, health, hygiene, or the good order on board the aircraft;
d) passenger’s conduct, age, physical or mental state are such as to: (i) materially affect the comfort of, or provoke justified complaints from, the other passengers; or (ii) endanger himself/herself or other persons or goods;
e) it is justified by the passenger's failure to follow instructions duly provided by ITA regarding security, compliance with legal provisions or regulations regarding the flight, or if the passenger is responsible for illegal or undisciplined conduct on a previous flight and there is risk that such conduct may be repeated;
f) the passenger has refused to submit to security checks;
g) the applicable fares, taxes and any other accessory expense have not been paid, or if the passenger is not in possession of valid travel documents;
h) the passenger does not hold valid travel documents required to enter a transit country of the flight or the final country of destination of the flight, as provided in article 4.7 above and article 12 below;
i) the passenger has destroyed his/her travel documents during the flight or has refused to show them to flight crew;
j) the ticket presented by the passenger: (i) was obtained illegally or was purchased from a party other than ITA or one of its Authorized Agents; or (ii) was reported as lost or stolen; or (iii) was counterfeit; or (iv) was altered or made incomplete by a party other than ITA or one of its Authorized Agent; (v) is in the name of a person other than the person who presents the ticket; (vi) was purchased fraudulently, being understood that in such cases ITA reserves the right to withdraw the ticket;
k) the passenger has not respected the requirements referred to in these G.C.C., or in Fare Rules concerning Ticket use and/or transport of baggage and animals travelling with him/her.
l) the passenger has been included in ITA’s “No Fly” list due, for example, to damage caused to property owned by the company, to aggressive behavior towards one or more travelers or crew members, or to aggressive behavior jeopardizing flight safety.
ARTICLE 6
SPECIAL ASSISTANCE
6.1. Check-in for carriage by ITA of:
a) passengers with disability and limited mobility;
b) children below 2 years of age and unaccompanied minors;
c) passengers with illnesses or other passengers in need of special assistance;
d) pregnant women,
may be subject to limitations in compliance with applicable laws and regulations, and is disciplined by the following paragraphs and by specific provisions available on page Organize Your Trip[PC5] of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
6.2. Passengers with disability and limited mobility
6.2.1. Rights of passengers with disabilities and limited mobility are disciplined by Regulation (EC) No. 1107/2006 available through the following link http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:204:0001:0009:EN:PDF. Assistance to this category of passengers during their stay in the airport is responsibility of the European Union airport operators. The passenger must communicate to ITA his/her request for special assistance at the time of booking and, in any case, at least 48 hours prior to departure of the first segment of the trip, so to allow the Carrier enough time to communicate such to the airport operators. Nevertheless, ITA will do whatever possible to allow the carriage.
6.2.2. In order to guarantee the best service during boarding and disembarking as well as in-flight, it is advisable that passengers with disabilities and limited mobility who need special assistance arrive to check in early in advance and, in any case, within the check-in time limit of the chosen flight.
6.2.3. The carrier reserves the right to not accept passengers on board without medical certification when it is necessary, or if the medical certification is incomplete or non-compliant with laws and Carrier’s policy.
6.2.4. Further information regarding special assistance to passengers and related documents necessary for carriage are found on page Travel Documents of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
6.3. Children below 2 years of age and unaccompanied minors
6.3.1. Each child younger than 2 years of age must be accompanied by at least one parent or one person above 18 years of age, even if the child occupies a separate purchased seat.
6.3.2. Children between the age of 5 and 14 (still to complete) for national flights, and between the age of 5 and 15 (still to complete) for international flights, who are travelling alone or in a different class than that of parents, guardians or companions (unaccompanied minors) may be accepted on ITA’s flights upon request of such persons, following the procedure found on page Children of ITA’s Web Site.
Companion means an adult individual (above 18 years of age) to which the minor has been assigned on the basis of proper documentation.
6.3.3. Minors above 14 years of age may fly on their own on national flights, minors above 15 years of age may fly on their own on any flight, including international and intercontinental flights. The procedure set forth by previous article 6.3.2. will not apply to these minors. Therefore these minors will be boarded with the same rules and procedures of every other passenger.
The above being said, on express request and upon payment of the requested surcharge, the minors can in any case enjoy the unaccompanied minors procedure, described by article 6.3.2 above. Further information on the unaccompanied minor procedure and relevant surcharges are available on page Children of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
Moreover, because during the travel, in the event of planned stops or any cancellations or delays, minors may have to be accommodated in hotels requiring written parental permission for check-in, minors will need to carry written permission of the parents and/or guardians. The Company is not responsible for any damages or expenses due to the lack of such permission. In any case, the parents and/or guardians are responsible for damages caused by the minors to third parties, ITA and ITA’s personnel, pursuant to article 2048 of the Italian Civil Code, and they shall indemnify and keep ITA harmless against any such damages.
6.3.4. Further information regarding carriage of minors and documents necessary for carriage are available on page Children of ITA’s Web Site and during the Ticket purchase process, or communicated by Contact Center operators, ticket offices and Authorized Agents.
6.4. Passengers with illnesses or other passengers requiring special assistance - Pregnant women
Further information regarding these categories of passengers and related documents necessary for carriage are available on page Moms-to-be of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
ARTICLE 7
BAGGAGE
7.1. The passenger has the right to the carriage of Baggage within the limits and conditions established by ITA. Such limits and conditions are available on page Baggage of ITA’s Web Site and during the Ticket purchase process, or communicated by Contact Center operators, ticket offices and Authorized Agents.
Below are the general provisions applicable to transport of baggage and other passengers’ belongings.
7.2. The hand Baggage and other belongings that the passenger may take on board must be located under the seat in front of the passenger (except for emergency seats) or in the compartments of the passenger cabin. In any case hand baggage and other belongings must have measures, weight, shape and dimensions compliant with the Carrier’s policy available on page Hand baggage of ITA’s Web Site
7.2.1. ITA reserves the right to prohibit carriage in the cabin of hand Baggage or other passengers’ belongings: (i) whose measures, weight, shape, and/or dimensions are non-compliant with ITA’s policy; (ii) being in conflict with the security requirements of carriage in the cabin; or (iii) in case of problems of aircraft balance or space on board. Hand Baggage and other passengers’ belongings not allowed in the cabin will be carried as Registered Baggage.
7.3. In any case the Baggage must have measures, weight, shape, and/or dimensions compliant with ITA’s policy available on page Checked baggage of ITA’s Web Site, as well as located in proper containers for safe carriage and handling (such as, for example only, suit cases, backpacks, handbags etc.), therefore to avoid such carriage being a transport of goods. Upon receipt of the Registered Baggage ITA will issue a Baggage receipt to the passenger for every checked piece.
That Baggage will be carried free of charge if provided by the chosen fare and allowance. If the weight, dimension or number of pieces of a Registered Baggage exceed the allowed amount, the amount in excess (excess baggage) will be charged an additional Tariff and relevant receipt will be issued to the passenger. The specific amount of this additional Tariff is available on page Checked baggage of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
Animals of the passenger are considered excess baggage when taken under ITA’s custody for carriage in the cargo hold.
Registered Baggage, within or in excess of the free Baggage allowance, is carried on the same aircraft as the passenger unless this proves to be non-feasible due to proven safety or operational reasons. In this event ITA will carry such baggage on the next available flight and will redeliver it to the passenger.
7.4. Baggage and objects that are unsuitable for carriage in the cargo hold (such as, for example only, fragile musical instruments and similar objects) will be accepted for carriage only in the passenger cabin, if enough space is available and according to the special procedures specified by the Carrier to guarantee the safety of passengers and the crew. Transport of such objects may be subject to special Tariffs, available on page Special Baggage of ITA’s Web Site, or communicated by Contact Center operators, ticket offices and Authorized Agents.
7.5. Code sharing flights or flights with multiple carriers may have different conditions and allowances of Baggage carriage. Further information are available at “Baggage” section of ITA’s Web Site, or on the websites of the above carriers, or communicated by Contact Center operators.
ARTICLE 8
RESTRICTIONS REGARDING CONTENTS OF BAGGAGE
8.1. Pursuant to ITA’s rules and applicable law and regulations regarding aeronautical safety, some objects are not permitted in the cabin and/or in the cargo hold, or their acceptance may be subject to limitations. Description of such objects and of limits and conditions of carriage of Hand baggage and Checked baggage are available on page Hand baggage e Checked baggage of ITA’s Web Site.
8.2. In addition, Registered Baggage cannot contain objects such as (for example only): electronic cigarettes or pipes, valuables, 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, artworks, rare books, valuable publications or manuscripts, house keys and car keys.
8.3. ITA has the right to refuse the carriage as Baggage, or refuse to continue the carriage, of 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 cause inconvenience or disturb to other passengers.
8.4. For reasons linked to the security of the aircraft and the passengers, the Carrier may submit the Baggage to checks and inspections, also by means of electronic or radiogenic devices. In case of absence of the passenger, his/her belongings 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 inspections, the Carrier reserves the right to refuse the carriage of the passenger and his/her Baggage.
8.5. Passenger's exercise of his/her rights under the contract of carriage pertaining to the carriage and return of a Registered Baggage is subject to his/her possession and presentation of the baggage receipt issued at the time of check-in and bearing the name of the passenger to whom ITA undertakes the obligation of carriage, as well as the passenger's ticket number and the pieces of Registered Baggage. If the person seeking to claim a Registered Baggage is unable to produce the baggage receipt or to identify the Baggage, ITA will return such baggage only if such person is able to give evidence and adequate proof of his/her right to claim such Baggage. The Carrier reserves the right to subject such return to the issuance of a specific written release by the passenger that will indemnify ITA against any and all further claims (including third parties’ claim). Receipt by the ticket holder of his/her Registered Baggage without any written complaint at the time of receipt indicates that the Registered Baggage has been delivered in good condition and in compliance with the contract of carriage.
8.6. The passenger has the right to travel with animals only if they are appropriately housed in containers suitable for air carriage as specified by ITA.
Before the flight it is a passenger’s duty to (i) inquire about any conditions and limitations regarding transport and/or entrance of animals in the country of destination; (ii) inquire about any features and/or health conditions of the animal that are unsuitable for carriage; and (iii) hold the required health and vaccination certificates, entry permits and other documents required for the carriage and/or entry of the animals. Such documents will have to remain valid at time of check-in and throughout the entire travel. The passenger must comply with any disposition of the countries of transit, departure or arrival, along with ITA’s instructions and regulations. The Carrier is not responsible for any sanctions, loss, expenses or any consequence arising from not having checked the above conditions and limitations, from not holding the necessary documents or from not following the applicable norms and dispositions.
Assistance dogs recognized for disabled persons will be carried free of charge in addition to free baggage allowance, according to procedures indicated by the Carrier and available on page Animals of ITA’s Web Site.
ARTICLE 9
TIMES, DELAYS AND CANCELLATIONS OF FLIGHTS
9.1. The scheduled times for flights can be viewed on the website of ITA www.itaspa.com and during the ticket purchasing process, or also communicated by operators in the Contact Center or ticket offices or by Authorized Representatives, and are also shown on the ticket.
ITA will carry out the transport at the times and in the manner agreed upon. A the same time, the regularity and punctuality of flights are subject to a series of factors independent of the airline, such as weather conditions, restrictions on airport air traffic, waiting stipulated by air traffic control (ATC) tower, strikes, and so on. These factors can lead to a change in the flight and, in the most serious cases, the rescheduling or cancellation of the flight. Without prejudice to the rules governing assistance obligations and the eventual liability of the airline in relation to individual cases that may occur, ITA will inform passengers of any changes in flights as soon as possible and will do everything in its power to alleviate the discomfort of its passengers. Passengers are required to provide ITA with their telephone and email addresses to which the airline will be able to send communications relating to any flight changes.
9.2.In the event of delay, overbooking. and downgrades, ITA will apply the international, EU and national regulations in force, in particular Regulation (EC) n. 261/2004 of the European Parliament and of the European Council on 11 February 2014, available on the ITA website on the page Passenger Rights/Carrier Liability.
These rules do not constitute an integral part of the air transport contract and are subject to changes over time by the competent legislative and regulatory body.
ARTICLE 10
REFUNDS
10.1. Conditions for reimbursement of purchased Tickets are disciplined by the Fare Rules applicable at the time of purchase and available on ITA’s Web Site during the Ticket purchase process, or communicated by Contact Center operators, ticket offices and Authorized Agents. General information about refunds are available on page change and Refunds[PC18] of ITA’s Web Site.
10.2. The ticket holder or the person who paid for the Ticket will be entitled 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 documentation. Refund effected by the Carrier 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 in favor of the entitled person. Except in case of a lost Ticket, the holder/purchaser will be entitled to refund only when the Ticket and all unused flight coupons are returned to the Carrier. If the Ticket is unused, the Carrier will reimburse any and all taxes and charges imposed by operation of law or required by governmental authorities in connection with the flight. Refund of such taxes is also applicable to non-refundable tickets purchased through specific promotional offers. In case of partial use of the Ticket, the reimbursed amount will be proportionate to the taxes on the non-flown segment.
10.3. A Ticket issued by ITA or by one of its Authorized Agents may be refunded up to 30 (thirty) days after its expiration date, unless more restrictive conditions are set by the agreed Tariffs. Refunds of Tickets purchased through Authorized Agents are made by the Authorized Agents directly. ITA reserves the right to make the refund with the same methods and currency used for the Ticket payment
ARTICLE 11
CONDUCT ABOARD
11.1. Pursuant to the Italian Navigation Code and further national and international provisions which are applicable to air transport, the Captain of the flight is in command of the aircraft and is authorized to act as he/she believes necessary in order to ensure a safe flight. Every person on the aircraft, both passengers and crew, must follow the Captain’s orders. The Captain is also authorized to act as he deems necessary for safety towards passengers whose behavior, physical or mental state are deemed dangerous for the safety of the flight. The passenger will be liable to the Carrier and third parties for all damages caused by his/her behavior.
11.2. If the passenger on board the aircraft: (i) jeopardizes the safety of the flight; (ii) disturbs other passengers and crew or behaves in any way in such a way as to cause them discomfort; (iii) damages the aircraft, people or things transported; (iv) obstructs the crew in carrying out their duties; (v) does not comply with the provisions of the crew regarding correct behavior on board or compliance with procedures, they may be subjected to the measures necessary to prevent or limit such behavior, including any coercive measures within the limits of the provisions of the law, as well as disembarkation or refusal of embarkation or continuation of transport, in addition to possible inclusion in the No Fly list and consequent ban on boarding ITA flights for a period of time varying from three to twenty-four months based on the severity of the behavior.
11.3. The passenger undertakes to follow Carrier's instructions that, for reasons of flight safety, prohibit or limit the on-board use of electronic devices such as, for 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 or breathing aids or pacemakers essential to the passenger's health. Nevertheless the passenger has to check in advance whether such devices are admissible, by calling the Contact Center.
11.4. Smoking is prohibited on all ITA’s flights. Violation of this prohibition will lead to sanctions prescribed by law, notwithstanding ITA’s right to claim damages incurred by such violation. In conformity with IATA procedures the prohibition to smoke also extends to electronic cigarettes starting from 1 April 2013.
ARTICLE 12
ADMINISTRATIVE FORMALITIES
12.1. A series of laws and regulations govern the service of carriage to passengers. Failure to comply with such provisions may lead to denial of carriage. In this respect please refer to articles 4.7. and 4.8. of these G.C.C.
12.2. The passenger must hold the necessary travel documents and must comply with laws, regulations, orders, rules and conditions established by the country of departure, destination, or transit. Therefore, the passenger will have no right to any damages or refund from ITA 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, save the right ITA reserves to reimburse the ticket unused as a consequence of the visa refusal for reasons beyond the control of passenger that has been communicated to ITA prior to departure).
12.3. In addition to what provided under articles 4.6. and 4.7 above, the passenger undertakes to reimburse ITA for all sums paid or deposited and for all expenses incurred due to the lack or falsity or inadequacy of required documents or due to the failure to comply with laws, regulations, orders, rules and conditions established by the country of departure, destination, or transit. For such payments, the Carrier may use any other sum that the passenger has paid for carriages not yet performed or for any other reason. The passenger consents to show all documents required by the laws, regulations, orders and rules of the country of departure, transit, and destination, and must make certain that they are in order.
The passenger who lacks the above documents or who presents unsuitable documents will lose his/her right of carriage.
12.4. The passenger also undertakes to allow ITA to make a copy of such documents for purposes of complying with national, international and foreign immigration laws. ITA guarantees that the data contained therein will be processed in conformity to regulations for the protection of privacy.
12.5. Whenever a passenger is denied entry in a country, such passenger must reimburse the Carrier 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. In any case the passenger will not be entitled to a refund of amounts paid for carriage to the place of denied entry or expulsion.
12.6. 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. 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 ITA, if based on objective reasons of security and within limits of applicable legal provisions.
The passenger will not have any right to carriage if he/she opposes such inspections.
ARTICLE 13
DAMAGES’ INDEMNIFICATION AND LIMITS OF LIABILITY
13.1.In the event of:
(i) death or injury to the passenger;
(ii) delay in passenger transport;
(iii) delay in transporting baggage;
(iv) destruction, loss or damage to baggage,
the national and international standards in force are applied, in particular: the Navigation Code, the 1999 Montreal Convention, Regulation (EC) n. 2027/97, as amended and supplemented by Regulation (EC) n. 889/02, and Regulation (EU) n. 996/2010, as amended by Regulation (EU) n. 376/2014, and the ENAC CIRCULAR JAN-05 of 12 October 2018.
These rules do not constitute an integral part of the air transport contract and are subject to changes over time by the competent legislative and regulatory body.
13.2. The following information note resumes the above rules.
a) Damages’ indemnification in case of death or bodily injury of a passenger: the carrier is liable for damage sustained in case of death 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. For damages not exceeding 128,821 Special Drawing Rights¹ for each passenger, the carrier shall not be able to exclude or limit its liability. The carrier shall not be liable for the above damages to the extent that they exceed for each passenger 128,821 Special Drawing Rights if the carrier proves that: a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
b) Advance payments: in the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. In case of death, the advance payment shall not be less than 16,000 Special Drawing Rights. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.
c) Delay in the carriage by air of a passenger: the carrier is liable for damage occasioned by delay in the carriage by air of passengers. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. The liability of the carrier for each passenger is limited to 5,346 Special Drawing Rights.
d) Delay in the carriage by air of a baggage: the carrier is liable for damage occasioned by delay in the carriage by air of baggage. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. The liability of the carrier for each passenger is limited to 1,288 Special Drawing Rights.
e) Damage, destruction or loss of baggage: in the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,288 Special Drawing Rights for each passenger. In case of checked baggage, the carrier shall be liable for damage unless the same is preexisting or arises from the nature, defect or inherent vice of the baggage or is connected to the normal handling of baggage or to wear and tear such as: scratches, dents, stains , loss or damage to protruding parts or removable (belts, wheels, handles) unless the damage affect the use of the baggage. The carrier shall be liable for damage to unchecked baggage solely to the extent that such damage was caused by act or omission of the carrier.
f) Higher limits of liability for baggage: passengers can benefit of an higher limit of liability by making at the time when the checked baggage was handed over to the carrier a special declaration of interest in delivery at destination and paying a supplementary sum if the case so requires.
ITA has entered into agreements with highly qualified partners operating in the insurance market and offers to passenger insurance policies against damages to baggage and other risks arising from, or otherwise connected with, the travel. Further information are available at “Additional Services” section of ITA’s Web Site .
g) Timely Notice of Complaints: receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage have been placed at his or her disposal. Every complaint must be made in writing and given or dispatched within the times aforesaid. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.
h) Liability of Contracting Carrier and Actual Carrier: if the carrier performing whole or part of the carriage is not the Contracting Carrier, any complaint to be made by a passenger to the carrier shall have the same effect whether addressed to the Contracting Carrier or to the Actual Carrier. The Contracting Carrier is the carrier whose name or code appears over the flight ticket.
i) Limitation of actions: the right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating that period shall be determined by the law of the court seised of the case.
ARTICLE 14
ALTERNATIVE DISPUTE RESOLUTION
PLATFORM FOR ONLINE DISPUTE RESOLUTION (ODR)
ITA informs passengers/consumers that a European platform has been established for online resolution of consumer disputes related to goods and services purchased online in the European Union ( ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/.Through the ODR platform passengers/consumers will be able to consult the list of ADR entities, find the link to each of them and propose to start an online dispute resolution procedure
ARTICLE 15
CHANGES AND WAIVERS
No agent, employee or servant of ITA is entitled to change, substitute or cancel these General Terms of Carriage.
No clause of these General Terms of Carriage can be interpreted as a waiver of any company’s legal obligations.
ARTICLE 16
PERSONAL DATA COLLECTION AND PROCESSING
As Data Controller, ITA collects, processes and uses the passenger's personal data for the purpose of performing the air transport service and any accessory services.
ITA processes personal data in compliance with provisions laid down by EU Reg. 2016/679 (hereinafter referred to as “GDPR”) and Legislative Decree n° 196 of 30 June 2003 as amended and integrated.
Considering the data processing activities performed by ITA, the Data Controller has deemed it necessary to appoint, pursuant to art. 37 of the European Regulation, a Data Manager who you may contact at the following address: Italia Trasporto Aereo S.p.A., Via Venti Settembre 97, 00187 Roma, or by sending an email to the address dpo@itaspa.com.
ITA guarantees that personal data, however they might have been acquired, will be processed respecting the basic rights, freedom and dignity of the party concerned, with special focus on confidentiality, personal identity and the right to personal data protection.
These data are collected, processed and used especially through automated systems only for the above purposes, and may be shared by ITA with its Authorised Mandatories as external "Data Managers", pursuant to art. 28 of the GDPR and, in the event of code sharing with other carriers, with the latter as independent data controllers.
Moreover, ITA may transmit the passenger's personal data to the competent authorities and/or government agencies, both Italian and foreign (including the competent authorities and/or government agencies of the United States of America and of Canada), if they request it, pursuant to the applicable regulations and if the transmission is necessary for the purpose of carrying out the air transport service.
For the purpose of carrying out the air transport service and any accessory services "special categories of personal data" (i.e. the ones concerning health) may be processed, pursuant to art. 9 of GDPR.
These data may be processed in cases in which the passenger has, for instance, requested either ITA and/or an airport operator to provide specific medical care, or has otherwise decided to provide this information to either ITA or a third party (e.g., the travel agent through whom the booking was made).
Providing personal information that either is or might be considered “special categories of personal data” pursuant to art. 9 of GDPR, the passenger authorises ITA to collect, process, use, share with third parties or transfer this personal information even outside the European Economic Space (SEE).
If the passenger does not authorise or withdraws the consent to process such data, ITA might not be able to provide, either entirely or partly, the services requested by the passenger.
Pursuant to (EU) Regulation n° 996/2010, the passenger, at the time of booking or during the ticket purchasing process, may give ITA the name, telephone number and email address of a third party who might be contacted in the event of an air crash.
These data will only be processed for the above purposes and will neither be communicated to third parties nor used for commercial purposes.
ITA's clients may contact the Data Controller to exercise their rights, pursuant to the Regulation, by addressing a communication to the registered office Via Venti Settembre 97, 00187 Rome, or you can contact the Data Protection Officer by sending a communication to ITA Data Protection Officer, Via Venti Settembre 97, 00187 Rome, or by sending an email to dpo@itaspa.com
Additional information regarding the processing of personal data may be referred to on the ITA website's Privacy section.
¹ The limits of liability set forth by articles 21, 22 and 23 of Montreal Convention shall be reviewed by the I.C.A.O. at five-year intervals, the first such review to take place at the end of the fifth year following the date of entry into force of this Convention. The limits of liability pointed out in these General Conditions of Carriage are those revised with effect from 28 December 2019.
