Air Carrier Liability
TERMS AND CONDITIONS OF SERVICE FOR THE TRANSPORT OF PASSENGERS AND BAGGAGE BY AIR DOLOMITI SPA - LARE
"Ticket" indicates a booking reference, which may also be issued in electronic form by the Carrier or on its behalf by third parties; the terms, tariff and the coupons contained in the ticket are all an integral part of the ticket itself.
"Tariff" means the fare applied to the ticket and communicated to the passenger at the time of purchase. The term “Tariff” includes: the fare (complete with details of taxes, surcharges and fees); conditions of modification, cancellation, total and partial use; refunds; validity period; method and currency of payment; baggage allowance and excess baggage.
"Terms and Conditions of Contract for the Transport of Passengers and Baggage", or "Terms", are those terms and conditions applying to the contract of carriage by air for passengers and baggage.
"Regulations" are the applicable laws, see specifically:
- "Montreal Convention": convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999 approved by the Council of the European Union with Decision 2001/539 / EC
- "Regulation 261/2004", issued by the European Parliament and the Council on 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights.
- "Regulation 2027/97": EC Regulation 2027/97 issued 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage, as amended by EC Regulation 889/2002 issued by the European Parliament and the Council on 13 May 2002.
- "Regulation 185/2010": EU Regulation 185/2010 issued 4 March 2010 laying down detailed measures for the implementation of common basic standards on aviation security.
- "Regulation 1107/2006”: EC Regulation 1107/2006 issued by the European Parliament and the Council on 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
- "Regulation 1169/2011": EU Regulation 1169/2011 issued by the European Parliament and the Council on 25 October 2011 on the provision of food information to consumers.
- Italian "Navigation Code" (royal decree) issued March 30, 1942, n. 327, as amended, and in particular Articles 941 to 953.
For further information on current legislation on the rights of passengers please consult www.enac.gov.it (National Civil Aviation Authority) on the Rights of Passengers.
"Passenger" is the holder of a ticket.
"Carrier" or "Air Dolomiti" is Air Dolomiti Spa LARE with registered office at Via Paolo Bembo 70 Villafranca di Verona (37062), Fraz. Dossobuono, (Italian tax code and VAT n. 00728280322 and 00445990310).
2- CONDITIONS AND USE OF TICKETS
These conditions regulate the terms and conditions of carriage by the Carrier of Passengers and their baggage to the destination on the ticket.
The ticket is only valid for the stipulated Itinerary and Passenger it was issued for; it is not transferable. The term itinerary indicates a single flight segment between a takeoff and a consecutive landing.
In the event of passengers purchasing tickets from carriers (contracting or commercial carriers) other than Air Dolomiti for flights subsequently operated by Air Dolomiti (operating carrier), complaints should be addressed directly to the contracting carrier or their agents.
The Carrier accepts no responsibility for any consequences resulting from a failure to inform Passengers, as stipulated under the present Conditions, by any third party from whom the Passenger purchased the ticket.
The Carrier is in no way responsible for optional services (accommodation, car hire, or any other services not ancillary to air transport) also purchased by Air Dolomiti passengers, given that Air Dolomiti is not a legal party to these transactions. We therefore urge passengers to read the terms and conditions of the individual service option chosen carefully, since any complaints and legal action will be the exclusive responsibility of the provider(s) of these optional services.
3-CHECK IN AND BOARDING
Passengers must be in possession of an identity document valid for the entry and exit requirements stipulated by the countries from which, to which or within which flights originate, transit or terminate, as well as any health documentation and/or visas that may be required in these countries. Possession and custody of these documents is the passengers’ sole responsibility and they must be presented on request. The Carrier reserves the right to refuse carriage to any passenger who fails to comply with any applicable laws, regulations, rules or requirements or whose travel documents do not comply with the same, in the opinion of the Carrier or the authorities of the country of departure or arrival.
Passengers must arrive at the airport well in advance of the departure time of the flight and present themselves at the check-in desk, unless already in possession of the required boarding pass, and where appropriate, to check in baggage to be carried in the hold.
For information on opening and closing times of check-in desks before scheduled flight departures, we urge passengers to read the information provided at the following link carefully.
Before checking in Passengers must label their Baggage with a valid contact name and address.
The Carrier is responsible for checked baggage until it is reclaimed by the Passenger at the destination airport.
The Carrier will provide the Passenger with a baggage receipt as proof of registration. This must be retained until baggage has been reclaimed at destination.
The Carrier is not responsible for any hand baggage which remains in the possession of the passenger and has not been registered at the check-in desk, except as provided for under the Montreal Convention.
For Passengers who do not complete the check-in process by the check-in deadline the Carrier reserves the right to cancel the reservation and to resell any vacant seats, without incurring any responsibility for denied boarding as defined under EC Regulation 261/04.
Boarding time is indicated in the boarding pass issued at the time of check-in.
Passengers who arrive late at the boarding gate after a flight has closed will not be allowed to board, despite being in possession of a boarding pass, and will not be entitled to any compensation for denied boarding as defined under EC Regulation 261/04.
For more information on check in and boarding please read the special FAQ section carefully.
4-LIABILITY FOR THE CARRIAGE OF PASSENGERS AND BAGGAGE
The Carrier is liable to the Passenger for personal injury and material damage as specified under the Montreal Convention, and in particular:
art. 17: Death and injury of passengers – damage to baggage
1. 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.
2. The carrier liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.
3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.
4. Unless otherwise specified, in this Convention the term "baggage" means both checked baggage and unchecked baggage.
art. 19: Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. 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.
art. 20: Exoneration
If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.
art. 21: Compensation in case of death or injury of the Passenger
1. For damages arising under paragraph 1 of Article 17 not exceeding 1131 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.
2. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 1131 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.
art. 22: Limits of liability in relation to delay, baggage and cargo
1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4694 Special Drawing Rights.
2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1288 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.
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5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.
6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.
art. 28 - Advance Payment
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. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.
For the conversion of Special Drawing Rights into the equivalent in Euro please consult the International Monetary Fund website www.imf.org
5-LIABILITY FOR DENIED BOARDING, CANCELLATION OR LENGTHLY DELAY OF FLIGHTS
The Carrier is liable to the Passenger in accordance with Regulation EC 261/2004 in the event of denied boarding, cancellations and long delays.
For more detailed information please consult the updated version of the Charter of Passenger Rights available from www.enac.gov.it (National Civil Aviation Authority) on the Rights of Passengers > Passenger's Bill of Rights.
Passengers who wish to make a complaint should send claim towards the airline by filling in the form at the following link airdolomiti.eu/customer-relations within a reasonable time from the time and date of the flight specified on the ticket. This is in order to allow the Carrier to take any necessary action, and is also in the Passenger’s own interests.
Complaints must be accompanied by all supporting documentation relating to any expenses incurred, and to any personal injury and damage sustained, to enable the Carrier to make a fair assessment of any request for compensation.
In order to reduce time and legal costs in the definition of complaints, the Carrier promotes the amicable settlement of disputes through the use of alternative dispute resolution means, which may also involve communication at a distance. We therefore invite our Passengers to have access to the ODR system (Online Dispute Resolution) by consulting the https://ec.europa.eu/consumers/odr a free of charge network, made available by the European Union.
7-STATUTE OF LIMITATIONS FOR LEGAL ACTION
Any and all rights to compensation for damages are null if an action is not brought within two years from the date of arrival at destination, or from the date on which the aircraft was scheduled to arrive or from the date on which carriage was interrupted or terminated.
These Conditions are subject to Italian law. The competent forum is defined as that under whose jurisdiction the Carrier’s registered office falls, unless mandatory regulations determine that the applicable law and the forum are those of the Passenger.
9- OBLIGATORY MEASURES TO PROTECT HEALTH
9.1. Without prejudice to the application of further and more stringent measures provided by the regulations applicable in the countries of arrival or departure of the flight, in order to protect health, passengers are always required to wear a face mask which entirely covers mouth and nose during boarding, throughout the flight and when leaving the aircraft.
9.2. Children up to the age of six years are exempt from this obligation as well as persons who are demonstrably unable to wear a face covering for health reasons or because of a disability if they provide a current medical certificate using the Lufthansa Group form and an officially recognized Covid19 negative test (PCR test) issued within 48 hours before the scheduled time of departure.
9.3. Further information, particularly on the Lufthansa Group form, the admissibility of different types of masks and on contact details, can be found at link www.airdolomiti.eu/decrees-and-regulations-coronavirus . Persons who, for factual reasons, are unable to present a Covid19 negative test meeting the requirements set out in 2. have to contact email address email@example.com
For further information please refer to the FAQ section on www.airdolomiti.eu which forms part of the general terms of the contract for transportation.