condizioni

General carriage conditions

Index

Articolo I - DEFINITIONS indice
"Conditions of Contract” means those statements contained in or delivered with the Passenger Ticket, identified as such and which incorporate by reference, international treaties relating to International Carriage by Air, Council Regulations (EC) and, not least, laws, regulations, government orders and general conditions of carriage applying to or adopted by us.

As you read these conditions, please note that:

Baggage
means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage



Baggage Identification Tag
means a document issued solely for identification of Checked Baggage. “Carriage” means the carriage by air set out in the contract concluded between Carrier and Passenger, whether national, EC or international.



Carrier
means NEOS and all contractual or de facto air carriers that carry or agree to carry you and your baggage pursuant to the Ticket.



Ticket
means this Passenger Ticket and the Baggage Identification Tag to which the Conditions of Carriage and the Terms and Conditions of Travel form an integral part.



Conditions of Contract
mean this extract of NEOS General Terms and Conditions of Travel.



SDR
Imeans a Special Drawing Right as defined by the International Monetary Fund. The current value of this currency may be found in the financial pages of major newspapers.



CONVENTION
means whichever of the following instruments applicable:
  • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention);
  • the Warsaw Convention as amended at The Hague on 28 September 1955;
  • the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, Additional Protocol No. 2, Additional Protocol No.3 and Additional Protocol No. 4 of Montreal;
  • the Guadalajara Convention, signed on 18 September 1961, supplementary to the Warsaw Convention;
  • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal on 28 May 1999.





Articolo II - APPLICATION RULES indice

APPLICATION RULES
To the extent not in conflict with the foregoing, the carriage and other services performed by carrier are subject to: (I) provisions contained in the Ticket; (II) applicable tariffs and specific standards applicable thereto; (III) NEOS General Conditions of Carriage and related regulations which are made part hereof (available, on application, at the offices of Carrier or at Carrier’s website and/or at its agents).

Articolo III - TICKETS indice

TICKETS

TICKETS
Carrier’s name may be abbreviated to its Airline Designator Code, or otherwise, in the Ticket. Carrier’s address means the airport of departure shown on the Ticket next to where Carrier’s short-form name is printed for the first time. Agreed stopping places mean the stopping places indicated in the Ticket, or those shown on the Ticket as scheduled stopping places on the passenger’s route; in the case of carriage to be performed by various successive carriers, the first carrier has assumed liability for the whole journey.

Articolo IV - BOOKING indice

BOOKING
Certain “special” fares are issued at particular terms and conditions that may limit or deny route changes or refunds in the event of cancellation or failed departure.


    DISCLOSURE PURSUANT TO ART. 13 OF ITALIAN LEGISLATIVE DECREE 196 OF 30 JUNE 2003 – PERSONAL INFORMATION:
    2.1.) In accordance with the requirements of Italian legislative decree 196/2003, you recognize that your personal data has been given to us for the purposes of making a reservation and purchasing the Ticket; you also recognize that your personal data may be used by NEOS for developing, improving and marketing its products and services.
    2.2.) For the purposes referred to above, you authorize us to retain and use such data and to transmit to our offices, EC agencies, government agencies or other air carriers.
    2.3.) Personal data relating to your identity, date and place of birth, place of residence and postal address, including therein a valid e-mail address, where applicable, credit/debit/charge card details, arrival and departure travel dates and, not least, scheduled stopping places on the passenger’s route must be given to us so that we can properly develop and execute the carriage by air contract in connection with your travel. Should you refuse to give us such personal data, we will be unable to accept any flight booking.
    2.4.) Unless otherwise required by the Authority, you are under no obligation to give us any other information whatever other than the personal data required by Article 3) hereinabove.
    2.5.) The personal data under Article 1) hereinabove shall be processed by hand (by way of example, on hardcopy support) and/or via automated instruments and tools (for example, using electronic supports and procedures) and, in all instances, in compliance with currently prevailing personal data legal and regulatory requirements.
    2.6.) Within our organizational framework, the personal data shall be processed by our staff members, which, insofar as duly assigned, operate by virtue of authority from the “Privacy Officer”.
    2.7.) Other than the staff members referred to above under Article 6), certain personal data shall be disclosed, where necessary, to third parties, such as any applicable governmental or airport authority, airport handling or baggage carriage company, having registered office in Italy and/or abroad, to which NEOS is required, whether by law or regulatory requirements or to develop and execute the contract, to disclose certain personal data collected about you.
    2.8.) With registered office at 68 Via della Chiesa, Somma Lombardo (Varese), NEOS S.p.A. is the titleholder to your personal data processed. If you wish to know the name of the Privacy Officer, you should write to the registered office of NEOS S.p.A. headquartered at 68 Via della Chiesa, Somma Lombardo (Zip Code: 21019).
    2.9.) In relation to your personal data processing, you may contact our Privacy Officer in order to exercise your rights which flow from Article 7 of the Privacy Act (i.e., Italian legislative decree 196/03), as specified hereinafter.
    The person concerned shall have a general right to know why his personal information is being collected, the quality of the information held, how it is kept secure and how the information is used and disclosed.
    Furthermore, the person concerned shall have a general right of access to:
    • information regarding the personal data source;
    • information regarding the way in which his personal data are handled and used;
    • information regarding personal data protection and security standards when collected and handled electronically;
    • information regarding identification of the titleholder, its agents, servants and representative designated within the territory of the Italian Republic, where envisaged;
    • information regarding the third parties or entities (for instance, law enforcement agencies, various other government bodies, other airlines or travel-related businesses just to name a few designated within the territory of the Italian Republic) to whom such personal data has been transferred for the purpose of processing travel arrangements);
    • ensuring that information is corrected, should such personal information be inaccurate, incomplete or out of date;
    • ensuring removal, anonymity and data flows handled in violation of the law, including therein personal information not required to be stored in relation to the purposes for which such personal information was collected or successively handled;
    • statement attesting that the matters contemplated in the foregoing two sub-clauses have been drawn to the attention, along with the related content thereof, to the third parties or entities to whom such personnel information has been transferred or disclosed, aside from the case in which the such statement cannot be made available or could be attained only at a cost disproportionate to the protection right.
    2.10.) Additionally, the person concerned shall be entitled to oppose, whether in whole or in part:
    • the handling, for legitimate reasons, of the personal information collected about him, albeit relating to the information collected;
    • the handling of the personal information collected about him for developing, improving and marketing products and services, market research and business sales.
    The rights referred to above may be exercised directly or by assigning, in writing, power of attorney to individuals or trade associations.

Articolo V - PASSENGERS CHECK-IN indice

PASSENGERS CHECK-IN
The flight dates and times contained in the Itinerary/Receipt flight coupon means the aircraft departure date and time. NEOS recommends that passengers check in prior to scheduled departure by and before the Check-in Deadline shown in your Ticket or the official Check-in Deadline issued by the Carrier and, in all instances, prior to the Check-in Deadline or, if no time is specified, early enough to complete check in and security formalities and receive your boarding past. Should you not complete check in and security formalities in time or arrive too late to the boarding gate to be accepted for travel, NEOS reserves the right to cancel your reservation and to deny your boarding without refund if you do not comply with the Check-in Deadline specified. Should you wish to travel on a later flight, you will be required to purchase a new reservation at the applicable fee.

Articolo VI - REFUSAL OR CARRIAGE LIMITATIONS indice

REFUSAL OR CARRIAGE LIMITATIONS
  • In the event of failed departure, NEOS assumes no responsibility for making connections.
  • Ticket issued at Carrier’s full tariff is good for carriage as provided therein for a period of twelve months as from the travel departure date, or from the date on which the Ticket was issued provided that no section thereof has been used. Carrier may refuse transportation if the applicable fare, taxes payable or any other ancillary expenses have not been paid. Carrier may also refuse transportation to you (or to the person paying for the ticket) if your fare has not been paid in full or your credit/debit card is declined.
  • You shall comply with Government travel requirements, present exit, entry and other requirement documents and arrive at airport and boarding gate by the time fixed by Carrier or, if no time is fixed, early enough to complete departure procedures. It is your personal responsibility to ensure that you have valid documentation, which meets the requirements of NEOS, immigration and other governmental authorities at every destination. You shall not be entitled to be carried on a flight unless you present all exit and entry documents or any other document whatever required by the laws, regulations or other of the country of departure, destination, of transit or flyover. You shall allow Carrier to make photocopies thereof. Carrier reserves the right to refuse transport to all passengers who have not complied with the relevant laws and regulations and whose documents are not in order or who have refused permission to Carrier to make copies of said documents. Passengers shall pay the applicable price of transport in case Carrier was required, by injunction from the Authorities of the State of destination, to repatriate them. The price of the ticket for the transport from the country of origin to the country of destination, in which the passenger was refused entry, will not be reimbursed.

Articolo VII - BAGGAGE indice

BAGGAGE
BAGGAGE RULINGS IN ACCORDANCE WITH ITALIAN LEGISLATIVE DECREE NO. 1/36 ISSUED BY THE ITALIAN MINISTRY OF AIR CARRIAGE ON 28 JANUARY 1987, WITH RECOMMENDATION APT-09 ISSUED BY ENAC (NATIONAL BOARD OF CIVIL AVIATION) ON 8 MAY 2001 AND WITH NEOS GENERAL TERMS AND CONDITIONS OF CARRIAGE.
  • For airport safety and flight security reasons, carry-on allowances are limited to one carry-on bag per passenger without surcharge. Carrier will allow each passenger to board with one piece of carry-on baggage – which must be of standard volume so that it can be placed in the overhead storage compartments in the cabin or fitted under the passenger’s seat. The total dimensions of the carry-on baggage cannot exceed a total of 115 centimetres (length + width + depth). Passenger is required to affix on his own a label to identify carry-on baggage, (mentioning at least his name and surname).
  • Other than the one carry-on bag allowed, the following items may be carried on board the aircraft – subject as always to space availability:
    • Handbag, briefcase or laptop computer;
    • Camera, camcorder or CD players;
    • Overcoat or raincoat;
    • Umbrella or walking stick;
    • Canes, crutches, braces or other assistive devices on which the passenger is dependent;
    • Carrycot and baby food necessary for the journey;
    • books, magazines or newspapers for the journey;
    • articles purchased (with limitations on quantities and weight) at "Duty Free" shopping malls or at retail outlets housed within the airport, which can be easily accommodated in the overhead storage compartments in the cabin.
  • For security reasons, NEOS does not allow the passenger to place in his baggage (whether Checked Baggage or Carry-on Baggage) the following articles or items that may constitute a danger for the aircraft or the persons or property on board:
    • Explosives, firearms and ammunition, other than sport or hunting guns, catapults, fireworks and flares, and any object capable, or appearing capable, of discharging a projectile or causing injury.
    • Gas & gas containers (refrigerants, flammable and poisonous substances), such as Butane, oxygen, acetylene, propane or oxygen re-breathers.
    • Flammable solids and reactive substances, such as lighter fluid, matches, spray paint, solvents or lighters.
    • Toxic or infectious substances, including insecticide, weed-killer, infected blood, bacteria and viruses.
    • Corrosive agents, such as acids, alkalis, mercury and spillable “wet” batteries.
    • Radioactive material.
    • Oxidizers, such as beaching substances and organic peroxides.
    • Other hazardous items, such as magnetic material and disabling or incapacitating sprays – e.g., mace, pepper spray or other.
    • Alarm devices and power-supply lithium-batteries, if any, installed.
    • Dry ice.
    • Scuba-diving torch with batteries installed.
  • In addition, you must not include in Checked Baggage: (a) items not representing baggage such as those specified in the General Conditions of Carriage, insofar as not necessary or not worn by the passenger or kept by the passenger for comfort or without being of use during the journey;
    (b) items which are likely to endanger the aircraft or persons or property on board the aircraft;
    (c) items the carriage of which is prohibited by the applicable laws, regulations or orders of any State to be flown from or to;
    (d) items which are reasonably considered by us to be unsuitable for carriage by reason of their weight, size, shape or character;
    (e) live animals;
    (f) valuable, fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples, medicinal substances or other medical/health equipment essential to the health of the passenger, which may be carried in his Carry-on Baggage.
  • It there’s a medical reason that you need to take pharmaceutical drugs or inject yourself during the flight (e.g., diabetics), you are permitted to carry, in reasonable quantities, the pharmaceutical drugs or syringes in the cabin. These should be kept with you at all times or in your Carry-on Baggage.
Articolo VIII - SCHEDULE, DELAY, FLIGHT CANCELLATION indice

SCHEDULE, DELAY, FLIGHT CANCELLATION
  • NEOS shall use its best efforts to embark passengers with confirmed departure Tickets. If NEOS is unable to provide previously confirmed space, NEOS shall provide compensation to those Passengers denied board on our flights in accordance with Council Regulation (EC) No. 295/91.
  • We will take all necessary measures to avoid delay in carrying you and your baggage. Except as otherwise provided by the Convention, if we cancel or delay a flight, be unable to provide previously confirmed space, omit stopping places shown on the Ticket or fail to stop at your destination, we shall either:
    • carry you on another of our scheduled services on which space is available
    • re-route you to the destination shown on your Ticket or an alternative destination acceptable to you by our own services or an alternative carrier and/or aircraft or arrange for carriage by land;
    • make a refund subject to the terms contained herein.
    We reserve the right to revert to alternate carriers and/or aircrafts for your carriage. We assume no responsibility for making connections. Should you accept re-routing or the refund offered, we shall not be liable for further compensation or refunds, except as provided by the Convention or other applicable laws or regulations.


Articolo IX - BEHAVIOUR ON BOARD indice

BEHAVIOUR ON BOARD
Should you conduct yourself aboard the aircraft so as to endanger the aircraft, the crew, the passengers or property on board or hinder the crew from carrying out their tasks, or not comply with the instructions of the crew, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we shall have the right to take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point.

In conformity with international legislation, Recommendation No. 40/0151 issued by the Ministry of Air Carriage on 18 May 1996, as integrated by Recommendation No. 99-2632/DG issued by ENAC (National Board for Civil Aviation) on 22 July 1999, prohibits the use, aboard aircrafts, of all portable electronic devices, aside from:
  • Hearing aids;
  • Pace-makers;
  • Electric shavers;
  • Laptop sound reproducers (i) other than laser or (ii) digital readers;
  • laptop computers not connected to printers or CD readers, during, and only during, cruising and subject to specific prior approval from the Captain.
Unless otherwise ordered by the Captain, the devices referred to above may be used aboard the aircraft before the aircraft doors are shut.

Articolo X - DAMAGE LIABILITY indice

DAMAGE LIABILITY
The provisions of Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents, as amended by Council Regulation (EC) No. 889/2002 of 13 May 2002, and, where compatible, by the Convention and other applicable national, Council Regulations (EC) or international laws and regulations shall apply to the carriage by air.

These conditions of contract apply to contracts of carriage in relation to which NEOS acts, solely in respect of the carriage which it performs, as contracting carrier or actual carrier. As a consequence thereof, these are not binding for NEOS given that NEOS, which is not a successive carrier within the meaning of this contract, issues the Ticket on behalf of another carrier, the name of which is shown therein for performing the carriage on its lines.
Any exclusion or limitation of liability of NEOS shall apply to and be for the benefit of agents, servants and representatives of NEOS for carriage and its agents, servants and representatives and any person whose aircraft is used by NEOS for carriage and its agents, servants and representatives.
Notice pursuant to Article 6 of Council Regulation (EC) No. 2027/97 as amended by Council Regulation (EC) No. 889/2002. Liability of a Community air carrier in respect of passengers and their baggage.
This notice summarizes the rules applied to Community air carriers in conformity with Community legislation and the Montreal Convention.
  • Compensation in the event of death, wounding or any other bodily injury
    There are no financial limits to the liability for passenger injury or death. For damages up to SDR 113,100 (or approximate amount in local currency), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
  • Advance payment
    If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than SDR 16,000 (or approximate amount in local currency).
  • Passenger delays
    In the instance of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.
The liability for passenger delay is limited to SDR 4,694 (or approximate amount in local currency).
  • Baggage delays
    In the instance of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid damage or it was impossible to take such measures. The liability for baggage delay is limited to SDR 1,131 per passenger (or approximate amount in local currency).
  • Destruction, loss or damage to baggage
    The air carrier is liable for destruction, loss or damage to baggage up to SDR 1,000 per passenger (or approximate amount in local currency). In the instance of checked baggage, the air carrier is liable even if not at fault, unless the baggage was detective. In the instance of carry-on baggage, the air carrier is liable only if at fault.
  • Higher limits for baggage
    A passenger can benefit from a higher liability limit by making a special declaration, at the latest at check-in, and by paying a supplementary fee applied by air carrier.
  • Complaints on baggage
    If baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier within seven days and, in the event of delay, within twenty-one days, from the date on which the baggage was placed at the passenger’s disposal.
  • Liability of contracting and actual carriers
    If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either.
  • If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting carrier.
  • Time limit for action
    Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
  • Basis for the information
    The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Council Regulation (EC) No. 2027/97, as amended by Council Regulation (EC) No. 889/2002 and national legislation of the Member States.
Unless otherwise specified, no provision contained in the Conditions of Carriage shall operate as a waiver on the part of the Air Carrier to any liability exoneration or limit set on the liability applied to the Air Carrier by Community legislation, the Convention or other applicable laws and regulations.

Articolo XI - CONDITIONS FOR CLAIMS AND LEGAL ACTIONS indice

CONDITIONS FOR CLAIMS AND LEGAL ACTIONS
Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage. Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage.
If you wish to file a claim regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage. Every such notification must be made in writing. If no claim is filed within the times aforesaid, no action shall lie against Carrier.

Articolo XII - – CHANGES AND WITHDRAWAL indice

CHANGES AND WITHDRAWAL
No agent, employee or representative of Carrier shall be authorized to change, modify, or delete any of the provisions of the NEOS Conditions of Carriage.