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GENERAL CONDITIONS OF SALE AND CARRIAGE

GENERAL CONDITIONS OF SALE AND CARRIAGE

 

General terms and conditions for air ticket booking and sale and carriage for flights operated by Sky Alps S.r.l. as air carrier (hereinafter the "General Conditions"). 

 

v.2 effective from March 6, 2024

 

Contents
1.    DESCRIPTION AND SCOPE OF APPLICATION OF SERVICES
2.    DEFINITIONS
3.    PURCHASE OF TICKETS
4.    RIGHT TO DENY CARRIAGE
5.    ADMINISTRATIVE FORMALITIES
6.    ACCEPTANCE, BOARDING AND SEATING
7.    PASSENGERS WITH SPECIAL REQUESTS/NEEDS
8.    ANIMALS
9.    BAGGAGE
10.    BEHAVIOUR ON THE AIRCRAFT
11.    FLIGHT SCHEDULE AND CANCELLATION
12.    LIABILITY FOR DAMAGES
13.    CLAIMS
14.    PERSONAL DATA
15.    INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
16.    THIRD-PARTY WEBSITES
17.    LAW AND JURISDICTION

 

 

1.    DESCRIPTION AND SCOPE OF APPLICATION OF SERVICES
1.1.    Unless otherwise provided herein, these General Conditions govern all Passenger and Baggage Carriage on flights directly operated by the air carrier Sky Alps S.r.l. (hereinafter the "Carrier" or "Sky Alps") or those which the Carrier has undertaken to operate, even free of charge or at a reduced fare, provided that there is no other provision in the Travel Documents or the Carrier's regulations and no conflict with Applicable Law. These General Conditions shall also apply to any other ancillary services related to such Carriage. 
1.2.    Sky Alps reserves the right to modify and/or update these General Conditions whenever deemed necessary, even without prior notice. 
1.3.    Sky Alps holds a valid Air Operator Certificate (hereinafter "COA") no. IT.AOC.0200, and an Air Transport Operating Licence, both issued on 16 January 2023 by the Italian Civil Aviation Authority (hereinafter "ENAC"). 
1.4.    Sky Alps complies with all the requirements provided for by the applicable Italian laws for the provision of air ticket sales services and any additional, ancillary and/or supplementary services and is covered by professional liability insurance policy no. 1505002654/M with Nobis Compagnia di Assicurazione S.p.A.

 

2.    DEFINITIONS
The capitalized terms below have the meaning assigned thereto below, whether in the plural or in the singular: 

 

Aircraft 
means each airplane, suitable for the carriage of passengers and baggage, operated by Sky Alps as Carrier. 

 

Applicable Law
means any national, European or international law applicable to Carriage, including but not limited to: (i) Montreal Convention dated as of 28 May 1999, for the Unification of Certain Rules for International Carriage by Air; (ii) Regulation (EC) No. 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights; (iii) Regulation (EC) No. 889/2002 of the European Parliament and of the Council on air carrier liability in the event of accidents; (iv) Italian Navigation Code No. 327, Royal Decree No. 327 as of 30 March 1942 and subsequent amendments. 

 

Authorised Agents 
means all entities expressly authorised by the Carrier to sell air transport services to passengers (for example, but not limited to: general sales agents, travel agencies, online sales websites etc.). 

 

Baggage 
means the objects, personal belongings and other goods owned or possessed by the passenger during Carriage, necessary or useful for being worn, used or kept for comfort or convenience purposes during the flight. Unless otherwise specified, this definition includes both Checked and Unchecked Baggage. The accompanying animal allowed to board under these General Conditions shall also be considered as Baggage. 

 

Baggage Check
means the part of the Baggage Identification Tag given to the Passenger during check-in. 

 

Baggage Identification Tag
means the tag to be attached upon check-in to every Checked Baggage. 

 

Carriage 
means the service provided by Sky Alps to the Passenger, according to the specifications shown on the Ticket, subject to these General Conditions as well as the Applicable Law. 

 

Carrier or Air Carrier or Sky Alps 
means Sky Alps S.r.l. with registered office in 39100 Bolzano, Piazza del Grano no. 3, registered with Bolzano register of companies with tax code, registration number and VAT number 03067170211, economic and administrative index (REA) BZ-229344. 

 

Checked Baggage 
means the Baggage handed over by the Passenger to Sky Alps for carriage in the Aircraft's cargo hold and for which a Baggage Identification Tag or a Baggage Check have been issued. 

 

Fare
means the Carriage fare, which may vary depending on the type of service selected by the Passenger upon booking. 

 

General Conditions of Sale and Carriage or Conditions
means all provisions contained herein concerning the Passenger's carriage and the Ticket sale to the Passenger. 

 

Passenger
means any person, except for pilots and member of the crew, who is holding a Ticket following payment and is carried on the Aircraft, and whose personal data are shown on such Ticket. 
The term "Passenger" sometimes also refers to the website user making the Ticket booking on behalf of third parties. 

 

Special Drawing Rights (SDR)
means the exchange reserve defined by the International Monetary Fund, whose value is periodically updated and published. 

 

Ticket 
means a document or electronic ticket issued by Sky Alps or on its behalf by other Authorised Agents, including these General Conditions, the applied fare and the coupons contained in the ticket, which constitute an integral part of the ticket, confirming the conclusion of the carriage agreement between Sky Alps and the Passenger, thereby entitling the Passenger to use the duly paid services included in the relevant category. 

 

Travel Documents
means all necessary entry and exit documents, travel visas, health and vaccination certificates, as well as all documentation proving the possession of requirements to benefit from special fares (for example, but not limited to: passport, ID, credit card with photo ID, driver's licence, tourist visas and/or permits, etc.). 

 

Unchecked Baggage 
means the Baggage not handed over to the Carrier for carriage in the Aircraft's cargo hold and directly kept and stowed by the Passenger in the cabin for the entire Carriage. 

 

Website
means Sky Alps' website accessible on www.skyalps.com.

 

3.    Purchase of Tickets 
The carriage agreement is concluded with the purchase of the Ticket and is subject to the General Conditions published on Sky Alps' website upon conclusion. 
By booking and purchasing flight services through the Website, the Passenger (or any other user who made the booking) will receive an email including the booking number and the contact details for after-sales services.
Ticket issuance by Sky Alps is subject to successful payment and confirmation of the Carriage availability. 
The Ticket provides proof of the carriage agreement entered into between Sky Alps and the Passenger. Only the Passenger whose details correspond to those shown on the Ticket is entitled to the provision of the Carriage services. Each Ticket is personal and cannot be transferred. Each Passenger shall present a valid ID upon check-in and boarding. Sky Alps reserves the right to deny Carriage to any Passenger who is unable to promptly identify themselves with a suitable and valid ID.
3.1    Cancellation and changes: The cancellation or modification procedures for booked Air Transport services, if allowed, are determined by the specific fare policies relating to that Air Transport service. Hence, cancelling or changing a flight booking may not be allowed or may require specific procedures to be applied. In this respect, Passengers shall read all fare rules and provisions that apply to their booking. In the event that the Passenger requests changes (cancellation or modification of booking), Sky Alps will charge a service fee to cover the costs incurred. Carriages marked as “Free date change” are exempt from the service fee. For more information please visit the Website https://www.skyalps.com/en/plan-your-trip/change-of-booking.
3.2    Booking Fare: After selecting all specific services required, the total Booking Fare is displayed. Such Booking Fare includes the price of all selected services and any booking management fees. 
Please note that any insurance premium paid by the Passenger is also non-refundable.
The Booking Fare includes all taxes, fees and charges imposed by public authorities with regard to the Carriage. The Passenger will be informed about taxes, fees and charges not included in the Booking Fare upon booking. Taxes, fees and charges related to the Carriage may vary before the flight. In such cases, they may be charged to the Passenger in addition to the Booking Fare after the Ticket purchase and the Passenger shall pay the difference. 
Booking management fees depend on the specific booking service requested by the Passenger. Fares for telephone bookings through our call center are charged differently from the fees for online bookings made through the Website. After the booking, Sky Alps reserves the right to charge additional service fees in the event of booking cancellation or modification and in case of refund claims. Furthermore, please note that, due to the type of Carriage services, Sky Alps may apply price changes during the time between the booking request and payment. Hence, final confirmation of Carriage availability and cost can only be given upon payment. Sky Alps shall not be liable for any price increase resulting from delayed payment. The Passenger shall settle any price increase before the booking can be confirmed. 
3.3    Payment: Bookings can be paid with all major credit and debit cards, as specified on the Website. Other payment methods shall not be accepted. Sky Alps shall not be liable for cash or checks sent by mail. Please note that the credit or debit card will be charged directly upon booking. For greater security, Passengers shall enter all their card details for each purchase made through Sky Alps. All information is encrypted on Sky Alps’ secure server. By providing their credit card details, Passengers authorize Sky Alps to use such details, even after the booking request, for the following purposes: (i) for payment of the requested flight services and related fees; (ii) for payment of insurance policy, if any; (iii) for processing any refunds and (iv) for payment of agency fees due for any post-brokerage services requested by the Passenger. 
If the Passenger’s booking is paid by a third-party credit card, Sky Alps reserves the right to request written authorization from the cardholder. All email addresses provided shall be correct and valid upon booking.
For the purpose of credit card fraud prevention, Sky Alps reserves the right to carry out random checks and request proof of address and/or a copy of the credit card before issuing any Ticket. Please note that such checks are only carried out during Sky Alps’ office hours. Hence, Tickets for bookings made outside such hours cannot be issued until the next business day. Sky Alps shall not be liable for any expenses incurred as a result of credit card checks.
3.4    Refunds: Any request for Ticket refunds, unless purchased from another authorized agent (such as appointed OTAs), shall be made directly to Sky Alps by sending an email to claim@skyalps.com. Any refund will be made using the same payment method used upon booking and in the name of the person who made the original payment. Any refund request shall correspond to an already confirmed and paid booking. Refunds shall be made in accordance with these General Conditions and with the fare policies related to the various types of Carriage services, unless purchased from Authorized Agents, including Online Travel Agencies (OTAs) using the standard Global Distribution System (hereinafter "GDS"). 
In cases of non-refundable Ticket Fares, it is still possible to request a refund of government taxes and fees paid upon purchase.
Sky Alps may charge a fee for processing the refund claim. Such fees may vary on a case-by-case basis depending on the refundable amount. The Passenger authorizes Sky Alps to charge any fees due for the processing of the refund claim.
3.5    Unused Tickets: Sky Alps shall not be liable for the Passenger's failure to use the flight ticket, except in cases of force majeure or fortuitous events directly attributable to Sky Alps. 
Passengers who do not use the ticket may obtain a refund of airport taxes. Sky Alps may charge a fee for processing the refund claim of airport taxes. Such fees may vary on a case-by-case basis depending on the refundable amount. 
3.6    Electronic Tickets: All Tickets purchased through the Website are issued electronically. E-ticketing is a paperless way to book flights. All bookings are stored in the GDS online booking system. Sky Alps will send the Passenger a confirmation email including the booking number. In some cases, a preliminary confirmation email may be sent, indicating that the final booking confirmation will be sent in a second email along with the E-Ticket. 
Please note that producing the booking number and/or Sky Alps confirmation email may be required as proof of booking. Hence, please bring a printout of the confirmation email/Ticket. 
Passengers shall check their email account in order to verify to have received the confirmation documents and any other relevant communication. If Passengers do not receive said communication/documentation, they shall promptly inform Sky Alps.
Sky Alps provides its services based on the information provided by the Passenger and therefore cannot be held liable in the event the E-ticket does not reach the Passenger due to an incorrect email address or spam filter settings. Furthermore, Sky Alps cannot be held liable in the event that the Passenger enters incorrect data (e.g. by mistyping names, inverting names and surnames, choosing the wrong dates etc.). In the event of a change in the email address or phone number, the Passenger shall promptly inform Sky Alps. Additionally, it is recommended that Passengers verify that the name on the passport matches the name on the Ticket and/or booking confirmation.
If the Passenger purchases the Ticket with the assistance or through a third party or through an Authorized Agent, these parties shall be liable for providing the Passenger with a copy of these General Conditions. Moreover, they shall notify the Passenger of any flight information if the email address provided upon booking is not the Passenger's. The Carrier shall not be liable for consequences resulting to the Passenger from the failure of the third party or Authorized Agent, responsible for booking, to fulfil the obligations set forth in this point. 

 

4.    Right to deny carriage
Sky Alps may deny, at its discretion, Passenger/Baggage Carriage upon written notice. In such case, the Passenger will be refunded. Sky Alps may also deny the Passenger/Baggage Carriage if any of the following conditions are met (or Sky Alps believes that they will be met): 
4.1    these measures are necessary to comply with Applicable Law, instructions and other provisions adopted by public Authorities; 
4.2    the Passenger/Baggage Carriage may compromise other Passengers'/crew's safety and health; 
4.3    the Passenger/Baggage Carriage may cause inconvenience to other Passengers/to the crew; 
4.4    the Passenger's behaviour, age, mental or physical conditions, including the influence of alcohol or drugs, could cause risk or dangers to other Passengers or the Passenger himself/herself, the crew or the Aircraft, or Sky Alps cannot provide requests for special assistance; 
4.5    the Passenger behaved as set out in point 4.4 on previous flights and Sky Alps believes that such behaviour may reoccur; 
4.6    the Passenger has refused to comply with airport security regulations and/or has not paid for Ticket fees and taxes; 
4.7    the Passenger does not hold the Travel Documents or the Passenger’s purpose is to destroy such Travel Documents during the flight or refuse to exhibit them upon request; 
4.8    the Passenger holds a Ticket/booking: (i) illegally purchased; (ii) purchased from another airline or its authorized agents; (iii) reported as stolen/lost; (iv) counterfeit; (v) the Passenger is unable to prove that his/her identity matches the one on the Ticket/booking;
4.9    the Passenger refuses to comply with Sky Alps' safety instructions. Sky Alps may conduct safety checks on the Passenger for reasons related to Carriage safety; 
4.10    the Passenger has refused on any former occasion to comply with any of above-mentioned actions.
In cases 4.1-4.10 above, Sky Alps will cancel the reservation without any written notice and bears no liability for refunding the Ticket and/or any other expenses.

 

5.    Administrative formalities
Rules on travel, ID, passports, health documents and visas are subject to change. The Passenger shall comply with all regulations of the countries of departure, transit and arrival. It is the sole responsibility of the Passenger to provide Sky Alps with any information regarding any specific limitations or conditions with reference to the destination/transit country and to inquire about the same by consulting the competent authorities. Some information on current destinations are available at https://www.skyalps.com/en/flights-packages/all-destinations;
5.1.1.    Travel Documents: In order to be able to travel, the Passenger shall hold all necessary Travel Documents. Travel Documents shall be valid for the entire Carriage. Sky Alps cannot be held liable in case of refusal of boarding of a Passenger due to irregularities in the Travel Documents.
5.1.2.    Minor’s Travel Documents: Even Passengers of minor age shall hold all necessary Travel Documents. The Passenger traveling with a child under the age of 2 (two) shall provide copy of the birth certificate. Sky Alps will deny the carriage of unidentified minors.
5.1.3.    Presentation of Travel Documents: The personnel of Sky Alps, or the personnel of the departure and destination airports may, at any time, check the Travel Documents in order to verify the requirements for applying discounted fares based on particular Passenger characteristics (e.g. age, residence, etc.). If the Passenger does not meet the aforementioned requirements, the Passenger shall pay the difference between the amount paid as a discounted fare and the full Ticket Fare. 
5.1.4.    Theft and/or loss of Travel Documents: In the event of loss or theft of Travel Documents, the Passenger is advised to promptly request the issuance of suitable temporary travel documents from the competent authorities. Under no circumstances shall Sky Alps be held liable for denied boarding due to delay/non-issuance of suitable temporary documentation by the authorities. 
5.2    Entry refusal: If the Passenger is denied entry to any country for any reason whatsoever (e.g. non-compliance with applicable immigration rules, deficiencies in the Transport Documents), the Passenger shall pay any fines imposed on Sky Alps by the competent Authorities. The cost of transportation from that country to the point of origin or to any other destination shall also be entirely borne by the Passenger. Sky Alps will not refund any unused flights as a result of denied entry. Any costs incurred by Sky Alps on behalf of the Passenger will be deducted from the credit or debit card used to make the booking.
5.3    Passenger’s liability for the fines, penalties etc.: In the event that Sky Alps incurs any expenses due to the Passenger's failure to comply with laws or regulations for entry or transit in a country or for failure to possess the correct Travel Documents, the Passenger shall reimburse Sky Alps for the amounts paid or disbursed for this purpose upon request.
5.4    Customs Inspection: If requested, Passengers shall allow their Unchecked Baggage and Checked Baggage to be inspected by the competent customs authority. Sky Alps shall not be held liable for any loss or damage suffered by the Passenger upon inspection or for missing such inspection. 
5.5    Security checks: Passengers shall undergo (personal or Baggage) security checks conducted by duly authorized personnel from government or airport authorities or Sky Alps. No refund or other compensation shall be granted to the Passenger in the event of denied boarding to the Passenger’s refusal to present himself/herself or his/her Baggage for security checks. 

 

6.    Acceptance, boarding and seating
6.1.    Seating allocation: On all Sky Alps flights, the seating is allocated to the Passenger before boarding. 
6.2.    Online check-in: Online check-in is available on the Website. The Passenger can download and print the Ticket and, in case of traveling with Unchecked Baggage only, proceed directly to boarding.
6.3.    For Passengers wishing to choose a seat, online check-in is available between 48 (forty-eight) and 3 (three) hours before departure. In this case, an additional fee may be applied upon online check-in. For Passengers who do not wish to choose a seat, online check-in is available between 48 (forty-eight) and 3 (three) hours before departure and the seat will be allocated at no additional cost. 
6.4.    Seat reassignment: Sky Alps reserves the right to reassign seats at any time, even after boarding, for operational and safety reasons.
6.5.    Check-in and boarding deadlines: Check-in deadlines may vary according to the airport. Passengers shall inform themselves in advance about the rules applicable at the departure airport. Sky Alps may provide the Passenger with indications, subject to verification by the Passenger, regarding the check-in time. The Passenger shall complete check-in and all administrative formalities within the specified time limit. Passengers who show up for check-in or boarding after the specified deadlines will not be boarded and will not be entitled to any Ticket refund or other forms of compensation in accordance with Applicable Law. All costs for the transport to the desired destination via a different flight shall be entirely borne by the Passenger. Specific check-in and boarding times may be provided for particular categories of Passengers (e.g. Passengers with reduced mobility, minors under the age of two (2) years, unaccompanied minors or those traveling with an animal etc). In these cases, the check-in and boarding times will be communicated to the Passengers by email or by phone to the contact details provided upon booking. The Passenger shall check the above communication channels to ensure to receive complete information.
6.6.    Connecting flights: Sky Alps is a point-to-point airline and does not coordinate multi stop flights. In the event of bookings made via Sky Alps sales channels, the connecting flights operated by third-party airlines are not taken into account. In the event that the Passenger booked the Carriage in order to continue his/her journey to another destination by another means of transport, Sky Alps may under no circumstances be held liable for the connection. 
It is the Passengers' responsibility to ensure they have sufficient time to collect their Baggage and continue their journey.

 

7.    Passengers with special requests/needs
Any Passenger's special request and need shall be communicated to Sky Alps within 48 (forty-eight) hours prior to departure. A specific fee is charged for the Carriage of animals. In order to request assistance with a wheelchair, carriage of pets or in case of other special needs, Passengers shall complete the online booking before contacting Sky Alps by phone. In accordance with its operational limits, Sky Alps will confirm/deny the request. In case that the request is submitted immediately after booking and it is not confirmed by Sky Alps, booking may be cancelled and there will be a full refund.
7.1    Electrical wheelchairs: The Carriage of electrical wheelchairs is permitted, provided they have a dry cell battery approved for air carriage. For further information, please contact Sky Alps.
7.2    Pregnancy: The following rules apply in case of pregnancy: (i) from the 1st to the 28th week: no restrictions; (ii) from the 29th to the 32nd week a doctor’s note, stating that the pregnant Passenger is fit for travel, is needed; (iii) from the 33rd week onwards: flying is not permitted. For more specific information, please contact Sky Alps.
7.3    Infants (children under the age of 2): Infants can only travel accompanied by an adult. Only 1 (one) infant is allowed per adult. Infants shall sit on adult’s lap. No seat is assigned to infants. The accompanying adult receives a special extension belt for infant, to be fastened when advised. The use of infant car seat is not allowed during take-off/landing. Sky Alps will admit a maximum of 3 (three) infants per flight.
-    Unaccompanied Minor (UM): an UM is a child between the age of 5 (five) and 11 (eleven) traveling without being accompanied by an adult (person aged 16 (sixteen) or older. Sky Alps applies the following rules for UM:
-    under 5 (five) years old, UM cannot travel alone and shall travel together with a person aged at least 16 (sixteen) years (one child Ticket and one adult Ticket);
-    from 5 (five) years old until the 12th (twelfth) birthday, UM may travel without being accompanied by an adult. The staff will take care of the UM from check-in until the UM is picked up by a designated person at the destination. On all routes there is a UM-Fare. 
In case that UM assistance is required, please contact Sky Alps. UM Tickets cannot be booked on-line and are subject to availability due to a limited number of UM allowed per flight. UM check-in is no later than 1 (one) hour prior to departure. At check-in time and during the entire Carriage, UM shall carry a special form containing UM’s personal data, contact details, the person sending and the person picking up UM upon arrival. For further information, please contact Sky Alps.

 

8.    Animals
Sky Alps accepts one live animal per Passenger for transportation, subject to acceptance and approval of the Passenger's request by Sky Alps.
The animal shall not weigh more than 8 (eight) kg and not be less than 12 (twelve) weeks old.
8.1    Animal’s transport box: The animal shall be placed in an IATA-approved transport box. In any case, the transport box shall have the following features:
(i)    large enough to allow the animal to lie down; however, the transport box shall not exceed 45 x 23 x 25 cm or 45 x 42 x 20 cm;
(ii)    escape-proof and bite-proof;
(iii)    waterproof and the bottom of the box shall be covered by a water-absorbent mat. The Passenger shall follow all the instructions from the flight crew regarding the placement of the transport box or in any case the Transport of the animal.
8.2    Documents: Every document required for international transport by Applicable Law, as well as by the regulations of the countries of departure and destination shall be available for the animal; under no circumstances may Sky Alps be held liable for the animal's denied boarding due to irregularities in the required documentation.
8.3    Sky Alps shall not be held liable for any damage suffered by the animal during Carriage, unless wilful misconduct or gross negligence is proven. Under no circumstances may Sky Alps be liable for costs incurred by the Passenger for the animal's entry into the country of destination or for any charges applied from the destination country's refusal of the animal. 
8.4    Sky Alps may deny the Carriage of the animal if it deems that it may cause disturbance to other Passengers. In the event that another Passenger or crew member has a certified allergy to the animal, the animal will be transported on another flight, if any, at no extra charge. 
8.5    For further information, please contact reservation@skyalps.com and visit the Website https://www.skyalps.com/en/plan-your-trip/transport-of-animals.

 

9.    Baggage
Passengers may transport their Baggage within the limits, conditions and allowances provided by Sky Alps, depending on the type of Ticket purchased. For more information regarding allowed Baggage size, number and weight please visit the Website https://www.skyalps.com/en/plan-your-trip/luggage.
Sky Alps may refuse the Baggage Carriage in the event of non-compliance with the allowed size and/or weight provided for in the type of Ticket or require additional Fares. Sky Alps may refuse the Baggage Carriage because of its content, as better indicated below. 
For Transport security reasons, Baggage may be subject to checks and inspections, also through appropriate equipment. If the Passenger denies the security check, Sky Alps may deny the Baggage Carriage.
9.1    Unchecked Baggage: The Unchecked Baggage shall comply with the size and weight limits set by Sky Alps' policies and, in any case, shall be stored in one of the overhead bins in the cabin or under the seat in front of the Passenger. If the Unchecked Baggage does not meet these criteria, it will be considered as Checked Baggage and an additional Fare may be requested from the Passenger, if applicable.
9.2    Checked Baggage: The Passenger shall attach a tag, inside and outside the Checked Baggage, containing the Passenger's name, surname, address and telephone number. Sky Alps will issue a Baggage Identification Tag for each Baggage; the Passenger shall make sure to receive the correct Baggage Receipts. The Passenger shall pick up his/her Checked Baggage upon arrival as soon as possible. If the Passenger does not pick up his/her Checked Baggage within a reasonable time, storage costs may be applied to the Passenger. Sky Alps shall not be liable for the return of checked Baggage if the Passenger does not collect it within a period of 3 (three) months.
9.3    Special Baggage: In the event that the Passenger has to transport goods of a size and/or weight that do not fall within the limits provided for regular Checked Baggage (e.g. sports equipment, musical instruments), the Passenger shall make a special request by contacting Sky Alps directly (reservation@skyalps.com). Please note that the relative Carriage may not be authorised, or may be authorised by Sky Alps subject to the adoption of special protection measures, such as, for example, suitable packaging, carriage of the goods in the cabin with purchase of a special Ticket, adoption of suitable insurance coverage or signing of a declaration of special interest pursuant to point 7.8 below.
9.4    Prohibited items: Under no circumstances may any object or substance that could pose a risk to the Passengers' and crew's healthy and safety and that could cause damage to the Aircraft be carried, either in Checked Baggage or Unchecked Baggage.
9.5    The carriage of any object prohibited under applicable European, national and international air safety regulations or under laws or regulations of the country of departure or destination is prohibited.
9.6    Under no circumstances may weapons (including toys), paralysing weapons, ammunition and explosives, fuel-charged batteries, dry ice over 2.5 kg, deterrent tools (physical protection devices) be carried. In addition, the following is not allowed in Checked Baggage: lithium batteries, matches, lighters, pipes and cigars, electronic cigarettes, power banks. For more detailed information on the restrictions in force for the carriage of particular items please visit the ENAC website: www.enac.gov.it/passeggeri/cosa-portare-bordo.

 

10.    Behaviour on the aircraft
The Passenger is required to behave for the entire Carriage in such a way as not to endanger the safety of the other Passengers, the crew or third parties, nor to damage the Aircraft or its furnishing and equipment. During Carriage, the Passenger shall not obstruct Sky Alps’ crew in performing their duties and shall follow the instructions received from the crew. Smoking (including electronic cigarettes), excessive consumption of alcoholic beverages, use of narcotics, or behaviour that may disturb other Passengers or the crew is not permitted. In these cases, Sky Alps will have to take all necessary measures to interrupt such prohibited behaviour. The Passenger may be disembarked from the Aircraft and may be denied future flights with Sky Alps. Sky Alps will report to the competent authority any behaviour that causes harm to persons and/or property by Passengers.
10.1.    Use of electronic devices on board: Passengers are not allowed to use electronic devices equipped with radio wave/internet/bluetooth transmitters onboard the Aircraft (e.g., laptops, cell phones, tablets, etc.), unless they are put in "flight mode". Electronic devices that do not have a radio wave transmitter or receiver/internet connection/Bluetooth can be used during flight (including, for example, cameras, electronic games etc.). Different instructions may be provided by the flight crew in case of takeoff or landing with poor visibility.
10.2.    Medical devices: The use of medical devices necessary for maintaining Passenger's vital functions is always permitted (e.g. pacemakers, hearing aids etc.). In any case, the Passenger who requires the use of such medical devices shall communicate such requirement upon booking and check the possibility of flying with Sky Alps.
10.3.    Smoking ban: Smoking is prohibited on all Sky Alps Aircrafts. The use of electronic cigarettes is also prohibited. Violation of this prohibition will result in the sanction provided by law, without prejudice to Sky Alps' right to take action for any greater damage suffered.

 

11.    Flight schedule and cancellation
Sky Alps will do its best to transport both Passengers and Baggage in the most suitable way. However, Sky Alps cannot guarantee that the scheduled flight times will not change between the Passenger's booking and the date of Carriage. Sky Alps reserves the right to reschedule the time of departure and, in accordance with Applicable Law, cannot be held responsible for delays caused by exceptional circumstances.
11.1.    Irregularities: The regularity and punctuality of flights are subject to a series of factors independent of Sky Alps, such as extreme weather conditions, air traffic restrictions imposed by public authorities, waiting times determined by the air traffic control (ATC), strikes etc. These factors may result in a variation of the departure time and, in some cases, the cancellation or rescheduling of the Carriage. Without prejudice to Applicable Law (in particular the Regulation (EC) No. 261/2004, as amended from time to time by the competent legislative body) on assistance to passengers and the air carrier’s liability to be ascertained in the concrete case, Sky Alps will inform Passengers as soon as possible of each variation and will do everything reasonably possible to alleviate the inconvenience encountered by its Passengers. Passengers shall provide Sky Alps with the telephone numbers and email addresses to which Sky Alps may address communications relating to any Carriage variations. 
11.2      Carrier substitution: Sky Alps reserves the right to be substituted by another carrier and/or to substitute the aircraft. 
11.3      Overbooking: Sky Alps, if unable to board Passengers with confirmed bookings, will offer compensation, in accordance with Regulation (EC) No. 261/2004.

 

12.    Liability for damages
In cases of Passenger death or injury, delay in Passenger carriage, delay in Baggage carriage, destruction, loss, or damage to Baggage, the Applicable Law in force, which are an integral part of the air transport agreement and subject to changes over time by the competent legislative or regulatory authority, shall apply.
12.1.    If the injured party has contributed to the damage, the rules of the applicable national law concerning the exclusion or reduction of the obligation to compensate in case of contributory negligence of the injured party shall apply.
12.2.    Sky Alps’ liability shall in any case be limited to documented amount of damage. In the event that during the Carriage, or in any case in relation to the same, third-party services are provided by Sky Alps, Sky Alps shall in no case be held liable for damages arising from said services.
The action for liability against Sky Alps shall be initiated, under penalty of forfeiture, within 2 (two) years from the date of arrival at the destination or from the date on which the Aircraft should have arrived, or from the date on which the Carriage was interrupted. Calculation of such period shall be made in accordance with the rules of the court seized. 
12.3.    Liability for Passenger’s injury and death: In accordance with Applicable Law, Sky Alps shall be liable for damage resulting from the death or personal injury suffered by the Passenger, if such personal injury or death occurred on board the Aircraft or during boarding or disembarking.
There are no maximum compensation limits for liability for Passenger's death or injury. For damages up to 128,821 SDR, Sky Alps shall not object to claims for compensation. Requests containing amounts higher than the above amount may be contested by Sky Alps for the excess if Sky Alps proves that the airline and its employees did not act (or omit to act) negligently or intentionally.
In the case of a Passenger’s injury or death, Sky Alps shall make advance payments for covering immediate needs not later than 15 (fifteen) days after the identification of the person entitled to compensation. In case of death, such advance payment shall not be less than 16,000 SDR. Such advance payments shall not constitute a recognition of liability by Sky Alps and may be offset against any subsequently determined amount due. 
Sky Alps is covered by appropriate insurance for Passenger’s injury/death within the legal limits. 
12.4.    Liability for damaged, lost or delayed Baggage: Each Passenger is personally liable for his/her own Unchecked Baggage. Sky Alps cannot be held liable for lost/damaged Unchecked Baggage.
In the event of delayed delivery, destruction, loss or damage to Checked Baggage, the Applicable Law shall apply, in particular the Montreal Convention of 1999, as subsequently amended by Italian and European regulations and as detailed below.
Sky Alps shall be liable up to 1,288 SDR per Passenger.
Checked Baggage delivered more than 21 (twenty-one) days late is considered lost under Applicable Law.
Sky Alps shall be held liable for direct and proven economic damage only resulting from delayed Carriage, damage, or loss of Checked Baggage unless it proves that it has taken all possible and appropriate measures, with due diligence, to avoid the damage, or that it was impossible to adopt such measures. Sky Alps’ liability shall be reduced/excluded to the extent that the Passenger caused the damage or contributed to it through negligence, unlawful act, or omission, or failed to take reasonable action to minimize or avoid it. 
Sky Alps shall in no case be held liable for any damage resulting from compliance with the Applicable Law or orders from the public authority, in the event that the Passenger refuses to comply with the required behaviour. All Passengers are personally liable for any damage caused during Carriage to other Passengers or third-party property, including Sky Alps’ and the crew’s property. Sky Alps shall in no case be held liable for loss, damage, delay in delivery in the event of boarding of prohibited items, in accordance with point 9.4.
12.4.1    Replacement purchases: In the event that a Passenger, due to a delay in the delivery of his/her Checked Baggage, had to make replacement purchases, Sky Alps shall contribute to the necessary expenses for personal hygiene products and a change of essential clothing (e.g. toothbrush, toothpaste, underwear), with a maximum reimbursement of EUR 75 (regardless of the ticket category). Passengers shall limit damage by keeping expenses as low as possible. Sky Alps' contribution shall be paid upon presentation of receipts for the expenses incurred. 
Passengers shall keep receipts for purchases and contact claim@skyalps.com. Only documented purchases will be reimbursed within the specified limits. 
12.4.2    Damage to Checked Baggage: Sky Alps shall not be liable for normal wear and tear on Baggage (e.g. scratches, stains, dents, damage to protruding or removable parts), even if such wear and tear is caused by the transfer of the Baggage, nor for damage that existed prior to the Baggage being transported or that was caused by a inherent defect, quality or vice of the Baggage (e.g. in the case of excessively packed Baggage, fragile or inadequately packed valuable items, unauthorised items in the Baggage). Sky Alps shall not be liable for damages to the Baggage’s content.
12.4.3    Declaration of special interest: Each Passenger may benefit from a higher liability limit by making a special declaration at the latest when checking in Checked Baggage and paying a supplementary fee. In this case, the Checked Baggage shall be properly locked (with a key lock or combination) and Sky Alps shall verify the contents of the Checked Baggage, reserving the right to prove, in the event of a claim, that the declared amount is higher than the Passenger's actual interest.
Under no circumstances shall Sky Alps be held liable for items of particularly significant value, perishable items or items that cannot be readily replaced in the event of damage/loss (such as, for example, money, securities, jewellery, precious materials, watches, artwork, electronic devices, medical devices, keys, personal, business and/or work documents), which must be kept directly by the passenger for the entire duration of the Carriage. 
Limits and additional fees, as well as the declaration form, are available on the Website https://www.skyalps.com/en/plan-your-trip/luggage.
12.4.4    Checked Baggage claims: Any claim concerning the Baggage shall be submitted by the Passenger to Sky Alps in writing. The unconditional receipt of Checked Baggage by the Passenger constitutes, unless proven otherwise, a presumption that the Baggage is free from any damage.
In the event of damaged Baggage, the Passenger shall submit a claim to Sky Alps within 7 (seven) days from the date of receipt.
In the case of delay, the claim shall be made within 21 (twenty-one) days from the date on which the Checked Baggage was made available.
All claims shall be submitted at the destination airport at the Lost&Found desk by filling out the PRI (Property Irregularity Report) form and emailing claim@skyalps.com.
When submitting a claim, the Passenger shall provide a copy of: (i) the Ticket and his/her ID; (ii) the Baggage Identification Tag; (iii) a detailed description of the lost Checked Baggage or the damage suffered (including photographs); (iv) a list of replacement purchases accompanied by the relevant receipts; (v) a detailed list of the contents of the lost Checked Baggage; (vi) the PRI.

 

13.    Claims
This point applies to Passenger claims related to transport services, including claims for compensation under Regulation (EC) 261/2004.
In compliance with Applicable Law, Sky Alps shall not be held liable for damages due to cancellation/modification of flight services caused by force majeure events and/or other unforeseeable circumstances, including, by way of example, but not limited to, war, terrorism, national strikes, fires, epidemics, hurricanes, and other current or potential major environmental hazards.
Passengers shall submit claims directly to Sky Alps, which shall have 14 (fourteen) days to provide a response. After such period, Passengers are entitled to engage third parties to claim on their behalf. 
Sky Alps could also request clarification, information or documentation from the Passenger in order to process the claim (e.g. the Passenger may be asked to provide personal data for reimbursement purposes). Each claim shall be made by the Passenger in writing and submitted to Sky Alps to the following email address: claim@skyalps.com. The claim shall include the Passenger's full name, flight details, booking number and phone number. 
Each Passenger may file claims to Sky Alps also on behalf of other Passengers if they have purchased Tickets with a single booking. Sky Alps reserves the right to request evidence of consent from all Passengers to submit the claim.
The Passenger has the right to file a claim under Regulation (EC) 261/2004 within 2 (two) years from the occurrence of the event. The Passenger may also address a claim to ENAC.
Pursuant to section 14 of EU Regulation No. 524/2013, the Passenger is informed that any claim may be submitted through the ODR platform made available by the European Union at the following link: ec.europa.eu/consumatori/odr/. The ODR platform provides a single entry point for the out-of-court resolution of disputes arising from online sales and service contracts. Through the ODR platform, users may access a list of ADR entities with their relevant electronic link and initiate an online procedure for the resolution of their dispute.

 

14.    Personal Data
The personal data provided by the Passengers and users of the Website are processed exclusively for the purpose of using the services offered by Sky Alps on the Website (for example, booking and issuing of the Tickets, handling of special requests and claims). Passengers consent to Sky Alps processing their personal data within the limits of the Transport agreement and give consent to the transfer of the same for the purposes thereunder. 
Sky Alps uses cookies on the Website, including third-party cookies, necessary for the operation of the Website, to allow the Passenger to access the requested content and services or to activate specific Website features to improve the service provided.
Sky Alps’ full privacy and cookies policy is available at the following link: www.skyalps.com/en/footer/privacy.

 

15.    Industrial and intellectual property rights
All contents on this Website, including but not limited to trademarks, texts, graphics, logos, icons, pictures, audio files and software, as well as their compilation (understood as the collection, arrangement and collation), are the property of Sky Alps or its content or software providers, and protected by national and international industrial and intellectual property laws.
Any other use of the contents on this Website, including its reproduction, in whole or in part, modification, distribution, dissemination and subsequent publication, display and/or presentation, is strictly prohibited. Any external use of the images published on the Website without express consent of Sky Alps and/or the providers is prohibited.  Names of other products, services and companies mentioned herein and/or on the Website may be registered trademarks. 

 

16.    Third-party websites
The Website may contain links to websites owned and operated by third parties. Sky Alps has no control over third-party websites and their contents. Links to third-party websites 
 are not a recommendation and do not imply that Sky Alps endorses, guarantees, suggests, or recommends such websites. Links to third-party websites are used for information purposes only and do not imply verification of their owners or evaluation of the content, services, or products they offer.

 

17.    Law and jurisdiction
These General Conditions as well as the relationship between Sky Alps and the Passenger are governed by national and international laws and regulations in force in Italy. 
These General Conditions are subject to Italian law and the jurisdiction where the Carrier has its registered office, unless non-derogable mandatory rules establish that the applicable law and jurisdiction are those of the Passenger. 
Pursuant to section 63 of the Italian Consumer Protection Code (Legislative Decree No. 206/2005), any dispute arising between Sky Alps and the Passenger in relation to these General Conditions, including any dispute relating to their interpretation, validity, effect, execution and termination, shall be the exclusive jurisdiction of the court of the Passenger’s place of residence or domicile, if residing in Italy, without any prejudice to any different jurisdiction provided by Applicable Law for specific kind of disputes.