Terms and conditions

1.    DESCRIPTION OF SERVICE 

1.1.    Consultation of this website (hereinafter “Website”) is implied for the use of the services provided by SKY ALPS 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 (hereinafter also “Services”). 

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 operating such flight services. 

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, in addition to these General Terms and Conditions, to the air carrier operating the flight services’ 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 also the air carrier operating the flight services’ Terms and Conditions, which are available at the following link: www.luxwing.com/charter-scheduled-flight/. 

2.4.    By booking and purchasing flight services through this Website, the User authorizes the Agency to act as his or her representative for the purposes of booking said services. 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 issuing of tickets by the Agency is subject to successful payment and confirmation of the availability of the flight service.  

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.), the Agency will not guarantee such assistance, but such requests will be forwarded to the air carrier operating the flight services by the Agency, in order to check with the air carrier operating the flight services whether his or her special requests can be met. 

2.8. At its discretion, the Agency may deny the transportation of passengers/luggage upon written communication. In such case, the passenger will be refunded. The Agency may also deny the carriage of the passenger/luggage if any of the following conditions should take place (or the Agency believes that it could take place): 

i. these measures are necessary to comply with laws, instructions and other provisions adopted by public authorities; 

ii. the carriage of the passenger/luggage could compromise other passengers/crew safety and health; 

iii. the carriage of the passenger/luggage could be inconvenient to other passengers/crew; 

iv. 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, crew or aircraft, or requests for special assistance the Agency cannot provide; 

v. on previous flights the passenger behaved as set out in paragraph iv. and the Agency believes that such behaviour may occur again; 

vi. the passenger has refused to adhere to airport security regulations and/or has not paid for valid ticket fares and taxes; 

vii. the passenger does not hold a valid travel document, and the passenger’s purpose is to destroy these during flight or refuse to exhibit the travel documents upon request; 

viii. the passenger presents a ticket/reservation: (a) illegally acquired; (b) purchased from another airline company or its authorized agents; (c) reported as stolen/lost; (d) that is a forgery; (e) the passenger is unable to prove that his/her identity matches the one on ticket/reservation; 

ix. the passenger refuses to adhere to airline company’s safety instructions; 

x. the passenger has on any former occasion refused to comply with any of above mentioned actions.  

In cases i. – x. above, the Agency will cancel the reservation without any written notice and with no responsibility for refunding the ticket and/or any other expenses. 

In relation to point vii. above, in order to be able to travel, the passenger must be in possession of all necessary entry and exit documents, travel visas, health and vaccination certificates, as well as documentation proving that he/she meets the requirements to benefit from any eventual special fares (hereinafter the "Travel Documents"). The Travel Documents must be valid for the entire duration of each flight. The passenger is also obliged to comply with all regulations of the countries of departure, transit and arrival. It is the sole responsibility of the passenger to provide the Agency with all information regarding any specific limitations or conditions with reference to the country of destination of his/her trip and to inquire about the same, consulting the competent Authorities of the countries of destination and transit. No responsibility can be charged to the Agency in case of refusal of boarding of a passenger due to irregularities in the Travel Documents.

2.9. Passengers special requests/needs 

Any passengers request and special need must be communicated to the Agency within 48 hours prior to departure. A specific fee is charged for the carriage of animals. In order to require assistance with a wheelchair, carriage of pets or other special needs, any passenger must complete the online reservation before contacting the Agency by phone. In accordance with its operational limits, the Agency will confirm/deny the request. In case that the request is submitted immediately after booking and it is not confirmed by the Agency, there will be the opportunity to cancel the reservation and obtain a full refund. 

2.9.1. Electrical wheelchairs 

Electrical wheelchairs are admitted on flight provided that they have a dry cell battery approved for air carriage. For additional information, please contact the Agency. 

2.9.2. Pregnant passengers 

The following rules apply in case of pregnancy: 

from 1st to 28th week: no restrictions; 

from 29th to 32nd week: a doctor’s note, stating that the pregnant passenger is fit for travel, is needed; 

from the 33rd week onwards: flying is not permitted. For more specific information, please contact the Agency. 

2.9.3. Infants (children under the age of 2) 

Infants can only travel accompanied by an adult. It is permitted to bring only 1 infant per adult. Infants are to sit on adult’s lap. No seat is assigned to infant its own. 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. The Agency will admit a maximum of 3 infants per flight. 

2.9.5. Unaccompanied Minor (UM) 

A UM is a child between the age of 5 and 11 traveling without the accompaniment of an adult (person who has reached his 16th birthday). The Agency applies the following rules for UM: 

under 5 years old, UM cannot travel alone and must travel together with a person at least 16 years of age (one child ticket and one adult ticket); 

from the 5 years old until 12th birthday, UM can travel without the accompaniment of an adult. Personnel will take care for the UM from check-in until the UM is collected by an agreed-upon person at the destination. On all routes there is a UM-price. 

In case that UM’s care is desired/required, please contact the Agency. UM’s tickets cannot be booked on-line and are subject to availability due to a limited number of UM allowed per flight.  

UM’s check-in is no later than 1 hour prior to departure. At check-in time and during the entire flight period, UM shall carry a special form containing UM’s personal details, contact details, the person sending and the person picking up UM upon arrival. For additional information, please contact the Agency. 

2.9.6. Luggage

Passengers may transport their baggage within the limits, conditions and allowances provided by the Agency, depending on the type of ticket purchased. For more information on the topic please visit the website: https://www.skyalps.com/en/plan-your-trip/luggage .

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 envisaged for regular hold baggage (e.g. sports equipment, musical instruments), he/she must make a special request by contacting the Agency directly (reservation@skyalps.com). It should be noted as of now that the relative carriage may not be authorised, or may be authorised by the Agency subject to the adoption of special safeguards, such as, for example, suitable packaging, carriage of the goods in a cabin with purchase of a special ticket, adoption of suitable insurance coverage or signing of a declaration of special interest pursuant to Article 2.9.7 below.

Prohibited items: under no circumstances may any object or substance that could pose a risk to the health and safety of passengers and/or could cause damage to the aircraft be carried in either hand luggage or hold luggage. The carriage of any object prohibited under applicable European, national and international aviation security regulations is prohibited. 

Under no circumstances may weapons (including toy weapons), paralysing weapons, ammunition and explosives, batteries filled with fuel, dry ice weighing more than 2.5 kg, deterrent instruments (physical protection devices) be transported. In addition, the following are not allowed in checked baggage: lithium batteries, matches, lighters, pipes and cigars, electronic cigarettes, power banks. More detailed information on the restrictions in force for the carriage of particular items can be found on the ENAC website: https://www.enac.gov.it/passeggeri/cosa-portare-bordo.

For flight safety reasons, baggage may also be subject to checks and inspections using special equipment.

2.9.7. Liability for damaged, lost or delayed baggage

Each passenger is personally liable for his/her own hand luggage.

In the event of delayed delivery, destruction, loss or damage to hold baggage, the national and international regulations in force apply, in particular the Montreal Convention of 1999, as subsequently amended by Italian and European regulations and as detailed below. 

Delay in the carriage of baggage and replacement purchases: The Agency shall be liable for the damage resulting from the delay in the carriage of baggage, unless it proves that it took all possible and appropriate measures in accordance with normal diligence to avoid the damage or that it was impossible to take such measures. 

In the event that a passenger, due to a delay in the delivery of his/her baggage, had to make replacement purchases, the Agency shall contribute to the necessary expenses for personal hygiene products and a change of essential clothing (e.g. toothbrush, toothpaste, underwear). Passengers are obliged to limit damage by keeping expenses as low as possible. The Agency's contribution shall be paid upon presentation of proof of the expenses incurred. Passengers shall keep receipts for their purchases and refer to claim@skyalps.com. Only documented purchaseswill be reimbursed within the following limits:

(i)                 for passengers who have purchased a Sky Basic ticket, maximum reimbursement of documented expenses EUR 75;

(ii)                2)  for passengers who have purchased a Sky Go ticket, maximum reimbursement of documented expenses EUR 175;

(iii)              for passengers who have purchased a Sky Plus ticket, maximum reimbursement of documented expenses EUR 350;

Baggage delivered more than 21 days late is considered lost in accordance with applicable regulations.

Destruction, loss of or damage to baggage: The Agency is liable for destruction, loss of or damage to baggage up to 1288 SDRs per passenger. The Agency is not liable for normal wear and tear of the 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 the inherent defect, quality or vice of the baggage (e.g. in the case of overfilled baggage and fragile or valuable items that were not packed properly).

Declaration of special interest: each passenger may benefit from a higher liability limit by making a special declaration at the latest when checking in baggage and paying a supplementary fee. In this case, the baggage shall be properly locked (with a key lock or combination) and the Agency shall verify the contents of the 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 the Agency be held liable for items of particularly significant value or that cannot be readily replaced in the event of damage/loss (such as, for example, money, securities, jewellery, precious materials, watches, works of art, 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 fares, as well as the format of the declaration form, can be found in the appropriate section of the website: https://www.skyalps.com/en/plan-your-trip/luggage .

Insurance policies: The Agency, by virtue of special agreements with qualified partners, offers passengers the possibility of purchasing policies to protect their luggage and other transport-related risks. More information is made available at the time of ticket purchase.

2.9.8. Baggage claims

The unreserved receipt of baggage by the Passenger constitutes, unless proven otherwise, a presumption that the baggage is free of any damage. 

In the event of damage, the Passenger shall complain to the Agency within 7 (seven) days from the date of receipt. In the case of delay, the complaint must be made within 21 (twenty-one) days from the date on which the baggage was made available. 

Complaints must be made 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 must provide a copy of: (i) the travel document and his/her personal ID; (ii)the baggage tag; (iii) a detailed description of the lost 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 baggage.

2.10.    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: claim(at)skyalps.com   

2.11.    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. 

2.12.    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 specific fare policies relating to that flight service. 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 operating the flight services. 

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, if any. 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. Please note that your credit card will be charged directly at the moment of transaction.

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, unless purchased from another authorized agent (such as appointed OTAs), must be made directly to the Agency, sending a mail to claim(at)skyalps.com. 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 present Terms and Conditions, with the air carrier operating the flight services’ Terms and Conditions and with the fare policies relating to such flight service unless purchased from third-party SkyAlps authorized travel agents including Online Travel Agencies (OTA) using GDS standard inventory.”

3.3.6.     The Agency may charge a fee for the processing of the refund claim. Such fees may vary on a case-by-case basis depending on the amount refundable. The User authorizes the Agency to charge any fees due for the processing of the refund claim. 

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. Some information regarding the current destinations are available on https://www.skyalps.com/en/flights-destinations/all-destinations. 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 final booking confirmation will be sent in a second e-mail along with the electronic ticket. 

3.3.11.    It must be noted that producing the booking number and/or confirmation e-mail to the air carrier operating the flight services 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.   COOKIES AND DATA PROTECTION 

4.1.   The personal data provided by the User are processed exclusively for the purpose of enabling the User to use the Services offered on the Agency’s Website. 

4.2.  The Agency on its Website uses cookies, including third party cookies, which are necessary for the operation of the Website, to allow the User to take advantage of the content and Services requested or to activate specific features of the Website in order to improve the service provided. 

4.3 The Agency’s full privacy and cookies notice is available at the following link: www.skyalps.com/en/footer/privacy 

5.    INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS 

5.1.    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.  

5.2.    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. 

5.3.    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. 

6.    LIMITATIONS OF LIABILITY 

6.1.    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. 

6.2.    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. 

7.    THIRD-PARTY WEBSITES 

7.1.    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. 

7.2.    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. 

8.    OTHER PROVISIONS 

8.1.    Regulation (EC) No. 261/2004, also stated in national regulation incorporating it, 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: 

https://www.enac.gov.it/en/passengers/passengers-rights

8.2.    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. 

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

9.    LAW AND JURISDICTION 

9.1.    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. 

9.2.    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.