Terms and conditions

for air travel tickets

1.    DESCRIPTION OF SERVICE

1.1.    Consultation of this website (hereinafter “Website”) is implied for the use of the services provided by SKY ALPS TOUR OPERATOR S.r.l., with registered office in Bolzano Piazza del Grano n. 3 – 39100 Bolzano (Italy), tax code, VAT number and registration with the Register of Companies of Bolzano  03067170211 - REA BZ-229344 (hereinafter “Agency”).

1.2.    The Agency complies with all the requirements provided for by the applicable Italian legislation for the provision of its services, and is covered by professional liability insurance No. 1505002654/M with Nobis Compagnia di Assicurazione S.p.A..

1.3.    The Agency allows users to book air travel tickets as well as any additional, ancillary and/or supplementary services directly from its Website, thus bypassing the need to purchase said tickets and/or services through the website of the air carrier or any third parties that may operate the flight or provide the services selected. 

2.    TERMS OF CONTRACT

2.1.    The Agency acts as an intermediary for the provision of tourist services, as defined hereinafter: (A) flight services; (B) insurance services, i.e. insurance policies covering for flight-related risks, including any additional services required to assist the person who, at the time of the accident, is away from his or her usual place of residence.

2.2.    For the purposes of sale of flight services, the Agency acts as Travel Intermediary in compliance with the International Convention on Travel Contracts (hereinafter CCV) of 23th April 1970, as incorporated into Italian legislation through Law No. 1084 of 1977. Based on article 1 (3) of the CCV, “Intermediary Travel Contract” means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn”. On paragraph 6 of the same article, the Travel Intermediary is defined as “any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not and whether he exercises such activity on a professional basis or not”. Under no circumstances is the Travel Intermediary liable for the obligations arising from the performance of flight services, as specified under article 22 (3) of the CCV, whereby: “The Travel Intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract”. The Travel Intermediary is exclusively liable for the obligations arising from its intermediation role and within the limits provided for by applicable regulations. Any request or enquiry pertaining to the flight services offered must be submitted directly to the air carrier.

2.3.    The Agency shall book the flight services chosen by the User on his or her behalf. The User’s contract will be subject to the air carrier’s Terms and Conditions, which may contain exclusion or limitation of liability clauses (including clauses under applicable international conventions). It is recommended that the User read carefully the air carrier’s Terms and Conditions, which are available at the following link: https://www.luxwing.com/charter-scheduled-flight/.

2.4.    By booking flight services through this Website, the User authorizes the Agency to act as his or her representative for the purposes of booking said services with the air carrier and making payment for such services in the name and on behalf of the User, as required. Therefore, the Agency reserves the right to charge an intermediary fee, which shall be disclosed to the User prior to the booking being made.

2.5.    After confirming his or her booking request, the User will receive an e-mail message with the booking number and the contact details for after-sales assistance. The Agency will then verify that the User’s booking has been correctly entered into the air carrier’s booking system, and that payment has been processed successfully. The issuing of tickets by the Agency is subject to successful payment and confirmation by the air carrier of the availability/price of the tickets. 

2.6.    The Agency reserves the right to decline or cancel the booking if there are reasonable grounds to suspect fraud. In the event that the User cannot be contacted, the Agency declines any liability for declined or cancelled bookings.

2.7.    With regard to special assistance and extra services (e.g. meals on board, assistance for passengers with disabilities/reduced mobility etc.), requests will be forwarded to the air carrier by the Agency, which, however, cannot guarantee the provision of such services. It is the User’s responsibility to check with the air carrier whether his or her special requests can be met.

2.8.    Any complaints relating to the performance of the contract of carriage may be submitted directly to the Agency by e-mail at the following address: info(at)luxwing.com.

2.9.    Pursuant to article 14 of EU Regulation 524/2013, the User is informed that any complaint may be submitted through the ODR platform made available by the European Union at the following link: ec.europa.eu/consumers/odr/. The ODR platform is designed to provide a single point of entry for the out-of-court resolution of disputes arising from online sales and service contracts. Through the ODR platform, Users can access a list of ADR entities with their relevant electronic link, and initiate an online procedure for the resolution of their dispute.

2.10.    Cancellation and withdrawal regulations provided for by the Italian Consumer Protection Code (legislative decree No. 206/2005), relating to consumer protection measures applicable to contracts negotiated at a distance or away from business premises, do not apply for contracts governing tourist services such as  those provided by the Agency as an intermediary, pursuant to article 47 of Leg. Decree 206/2005, as replaced by article 1 (1) of legislative decree No. 21 of 21 February 2014.

3.    OTHER BOOKING TERMS AND CONDITIONS

Cancellation and amendments

3.1.    The procedures for cancelling or amending the booked flight services, if allowed, are determined by the air carrier’s specific policies. Therefore, cancelling or changing a flight booking may not be permitted, or may require specific procedures to be followed. In this respect, it is recommended that the User read all the tariff rules and provisions that   apply to his or her booking. In the event that the User requests any amendments (cancellation or modification of booking), the Agency will charge a service fee to cover the costs incurred. Flights with the “Free date change” tag are exempt from the service fee. Service fees do not include any charges levied by the air carrier, including any penalties, airfare adjustments, etc.

Booking price

3.2.    After selecting all the specific services required, the total booking price is displayed. This includes the price for all the services selected as well as the Agency fee, which is a non-refundable fixed fee for the booking assistance and ticket issuance services provided by the Agency. Please note that any fee paid by the User for insurance contracts is also non-refundable.

3.3.    Management fees depend on the specific booking service required by the User. Fees for bookings made by telephone through our call centre service are charged differently than fees for online bookings made through this Website. After the booking has been made, the Agency reserves the right to charge additional service fees in the event of booking cancellation or amendments, and in the event of refund claims. Furthermore, it must be noted that, due to the nature of flight services, it is possible for the air carrier to effect price changes during the time between the booking request and the payment. Therefore, final confirmation of flight availability and cost can only be given at the time the payment is made. The Agency shall not be liable for any price increase resulting from non-immediate payment. Any increase in price must be settled by the User before the booking can be confirmed.

Payment

3.3.1.    Bookings can be paid by all major credit and debit cards, as specified on this Website. Other methods of payment will not be accepted, and the Agency declines any liability for cash or cheques sent by mail.

3.3.2.    For greater security, the User will be asked to enter all his or her card information for every single purchase made through the Agency. All information is encrypted on the Agency’s secure server. In providing his or her credit card information, the User authorizes the Agency to use such information, including after the booking request has been made, for the following purposes: (i) for the payment of the flight services requested and relevant agency fees, (ii) for the payment of the insurance policy, if any, (iii) for the processing of refunds, if any and (iv) for the payment of agency fees due for any post-brokerage services requested by the User.

3.3.3.    If the User’s booking is paid for using a credit card belonging to a third party, the Agency reserves the right to request written authorization from the cardholder. All e-mail addresses provided must be correct and valid at the time of booking.

3.3.4.    For the purpose of credit card fraud prevention, the Agency reserves the right to carry out spot checks and to request proof of address and/or a copy of the User’s credit card before issuing any ticket. It must be noted that such checks are only carried out during the Agency’s office hours. Therefore, the tickets for bookings made outside such hours cannot be issued until the following working day. The Agency is not liable for any expenses incurred as a result of credit card checks.


Refunds

3.3.5.    Any request for refunds of airline tickets must be made directly to the Agency. This, however, does not in any way imply that the Agency fulfils the role of obligor.  In this respect, the Agency simply acts as an intermediary between the air carrier and the passenger requesting the refund for the flight booked through the Agency as an intermediary. Any refunds will be made by the same method of payment used at the time of booking, and in the name of the person who made the original payment. Refunds are made in accordance with the air carrier’s Terms and Conditions and fare policies.

3.3.6.    The User authorizes the Agency to carry out all the activities required to obtain the requested refund from the air carrier. The User authorizes the Agency to charge any fees due for the processing of the refund claim. Such fees may vary on a case-by-case basis depending on the amount refundable.

3.3.7.    In cases of non-refundable ticket fares, it is still possible to request a refund of government taxes and fees paid at the time of purchase. 

Identification, visa and travel health requirements

3.3.8.    Regulations regarding travel and identification documents, passports and visas are subject to change. For this reason, it is recommended that the User check his or her situation with the relevant authorities before travelling. It must be noted that it is the passenger’s responsibility to carry valid identification (ID card or passport as well as visa, if required). It is important to consider all the transit points involved in the journey, as some may require a visa. The Agency declines any and all liability in the event that the passenger is not in possession of the required documents.

3.3.9.    Each destination has its own set of rules regarding entry procedures, vaccination and other requirements, which may also vary based on passenger nationality. It is the passenger’s responsibility to be informed of such details. The Agency is not liable for any issue arising from failure to comply with applicable rules and procedures. Therefore, it is recommended that the User always check all the travel requirements enforced by authorities in the country of destination and any countries of transit, allowing enough time for all the necessary procedures.

Electronic tickets 

3.3.10.    All tickets purchased through this Website are issued in electronic format. E-ticketing is a paper-free way to book flights. All the bookings made are stored on the GDS online booking system. The Agency will send the User a confirmation e-mail including the booking number. In some cases, a preliminary confirmation e-mail may be sent, indicating that the air carrier’s final booking confirmation will be sent in a second e-mail along with the electronic ticket from the air carrier.

3.3.11.    It must be noted that producing the booking number and/or confirmation e-mail to the air carrier may be required as proof of booking. It is therefore advisable to bring a printout of the confirmation e-mail/E-ticket. 

3.3.12.    The Agency provides its services based on the information provided by the User and therefore cannot be held liable in the event the E-ticket does not reach the User due to an incorrect e-mail address being provided or as a result of the User’s spam filter settings. Furthermore, the Agency cannot be held liable in the event that the User 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 User’s e-mail address or phone number, it is the User’s responsibility to inform the Agency forthwith. Additionally, it is recommended that the User verify that the name on the passport matches the name on the air ticket and/or booking confirmation.

4.    DATA PROTECTION

4.1.    The Agency’s full privacy notice is available at the following link https://www.luxwing.com/privacy-policy/

5.    COOKIES

5.1.    In compliance with Directive 2009/136/EC, Users are informed that this Website makes use of cookies.

5.2.    Cookies are small pieces of information that are transmitted by web servers through browsers when accessing websites. The User’s browser stores the information in a small file that provides details on the latest visit to our Website. Most browsers allow cookies by default, but cookie settings can be changed to limit or prevent their use.

5.3.    More in detail, the Agency uses: functional cookies, analytic cookies and marketing and other cookies. 

5.4.    Users can send comments and request further information concerning the use of cookies on this Website at the following link: security(at)luxwing.com

6.    INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

6.1.    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 the Agency or its content or software suppliers, and protected by national and international industrial and intellectual property laws. 

6.2.    Any other use of the contents on this Website, including its reproduction, in whole or in part, modification, distribution, dissemination and subsequent publication, exhibition and/or presentation, is strictly prohibited. Any outside use of the images published on this Website without express consent of the Agency and/or suppliers is especially prohibited.

6.3.    Sky Alps and other designations of products, services, graphics and logos of the Agency are internationally registered trademarks. Names of other products, services and companies mentioned in this document may also be registered trademarks.

7.    LIMITATIONS OF LIABILITY

7.1.    The Agency’s limitations of liability are in compliance with current legislation and with travel agency regulations in particular. The Agency declines any and all liability for damages resulting either directly or indirectly from the purchase of a product or service offered on this Website.

7.2.    Furthermore, the Agency shall not be liable to pay any compensation for damages arising from cancellation of and/or changes to flight services due to acts of God, force majeure and/or other unforeseeable circumstances, including but not limited to: war, terrorism, national strikes, fires, epidemics, hurricanes and other current or potential major environmental hazards.

8.    THIRD-PARTY WEBSITES

8.1.    This Website may contain links to websites owned and operated by third parties. The Agency has no control over third-party websites and their contents.

8.2.    Links to third-party websites are not a recommendation and do not imply that the Agency promotes, guarantees, suggests or recommends these websites. Links to third-party websites are only used for information purposes, and imply neither the vetting of their owners nor the assessment of the contents, services or products they offer.

9.    OTHER PROVISIONS

9.1.    Regulation (EC) No. 261/2004 sets out the rights of passengers travelling to or from the European Union, or using a Community carrier, in the event of flight cancellation or delay and denied boarding. For more information on Regulation (EC) No. 261/2004 and passenger rights, please visit:
www.enac.gov.it/en/passengers/passengers-rights 

9.2.    It is the User’s duty to check his or her e-mail account to make sure that confirmation documents and/or any other relevant communication have been received. In the event of non-receipt of the documents and/or any other issues, the User must notify the Agency promptly.

9.3.    The Agency reserves the right to change and/or update these Terms and Conditions without prior notice.

10.    LAW AND JURISDICTION

10.1.    These Terms and Conditions, as well as any dealings between the Agency and the User, are governed by national and international laws and regulations in force in Italy.

10.2.    Pursuant to article 63 of the Italian Consumer Protection Code (Legislative Decree No. 206/2005), any dispute arising between the Agency and the User in relation to these Terms and Conditions, including any dispute relating their interpretation, validity, effect, execution and termination, shall fall under the exclusive jurisdiction of the courts of the User’s place of residence or domicile, if residing in Italy.