ANISEC Luftfarht Conditions of Carriage
"Ticket" refers to the locator number and, if applicable, luggage registration voucher issued by or on behalf of the Carrier, which entitles the holder or the passenger to travel from the origin to the destination under the terms and conditions contained therein and in these General Conditions of Carriage.
"Conjunction Ticket" refers to a Ticket comprised of two or more flights, whereby a Ticket is issued for each flight which together constitute a single contract of carriage. Unless it is necessary to establish a distinction, the term Ticket shall herein also encompass the Conjunction Ticket.
“Codeshare” means that the Carrier can sell tickets for flights operated by other airlines with which it has an agreement to do so.
"General Conditions of Carriage" or "Conditions" means the general conditions of the passenger and luggage air transport contract set out herein.
"Montreal Convention" means the Convention for unifying certain rules relating to International Air Carriage signed in Montreal on 28 May 1999.
"Stopover " refers to the scheduled places within the passenger's itinerary other than the origin and destination specified on the Ticket or which are indicated in the times as scheduled stopover points on the route.
"Passenger": Any person who holds a ticket, excluding members of the flight crew.
Commission Regulation (EU) 185/2010 of 4 March 2010, laying down detailed measures for the implementation of the common basic standards on aviation security.
"Regulation 261/2004" means Regulation (EC) 261/2004 of the European Parliament and Council, of 11 February 2004, which lays down common rules for compensating and assisting passengers in the event that they are denied boarding, their flight is cancelled or they face a long delay.
"Regulation 2027/97" means Regulation (EC) 2027/97 of the European Council, of 9 October 1997, relating to the liability of airlines with regards to the air transport of passengers and their luggage, amended by Regulation (EC) 889/2002 of the European Parliament and Council, of 13 May 2002.
"Carrier" means Anisec Luftfahrt GmbH (marketed as Level)
"Point-to-Point flights" refers to a flight made up of a single Segment; i.e. there is no scheduled stopover on the route.
2. Purposes and applicable regulations
The purpose of these General Conditions of Carriage is to regulate the terms and conditions in which the Carrier shall carry the Passenger and their luggage to the destination specified on the Ticket and provide, if applicable, other services relating to the aforementioned air carriage.
All carriage undertaken and other services provided by the Carrier shall be subject to the following regulations (the "applicable regulations"): (i) the conditions that appear on the Ticket; (ii) the fare applied and its conditions; (iii) the provisions that appear in the General Conditions of Carriage set out herein; (ii) the particular and special conditions that, where appropriate, may be applied to a group of Passengers or to one or more thereof on a case-by-case basis, respectively; and (iii) the regulations that may be applicable at any given time. The General Conditions are available to Passengers on the Carrier's website (www.flylevel.com), and a copy can be obtained at the registered office of the Carrier.
None of these General Conditions shall invalidate any of the Passenger's rights provided for by applicable legislation.
If the Passenger purchased their Ticket with the help of or through a third party, the latter shall be liable for providing the Passenger with a copy of these General Conditions as well as notifying the Passenger of any contingencies that arise in relation to their flight, unless - in this last case - the email address that appears in the booking pertains to the Passenger. The Carrier shall not be held liable for any consequences affecting the Passenger should the third party through whom the booking was made fail to fulfil the obligations set out herein.
3.1 General Provisions
The Ticket shall only be valid for the flight specified therein and for the person who appears as the Passenger. The Ticket is non-transferrable and may not be disposed of to third parties.
The Ticket shall also include a reference to these General Conditions of Carriage and any other information which the Carrier considers to be essential.
3.2 Conjunction Ticket
The contracted service of carriage includes the itinerary specified on the Conjunction Ticket, from the departure airport through to all scheduled stopovers until the final destination airport and is subject to the corresponding service charge.
The Passenger's entitlement to cancel one or more segments remains unaffected.
The Carrier has standing agreements with other airlines to offer flights operated by said airlines. During the booking process, the Carrier will specify which airline operates the flight. On codeshare flights, the conditions of carriage of the airline operating the flight will apply, whereby it is advisable to consult said conditions to find out the accepted baggage dimensions and costs, check-in times, minors or the carriage of animals, amongst other conditions.
In case of specific needs, the Carrier may operate certain flights using aircraft operated by other companies. In such cases, the Carrier will inform passengers as to the identify of the airline operating the flight.
3.4 Non-cancellable ticket
Once the booking has been made through the corresponding payment, the Ticket cannot be cancelled by the Passenger, whereby the price paid shall not be refunded except in cases expressly provided for herein, such as the exceptional circumstances contemplated in Section 4.5.
The price of the Ticket only includes carriage from the departure airport to the destination airport, as well as all scheduled stopovers in the case of Conjunction Tickets. The price of the Ticket or Conjunction Ticket does not include land transport services between airports, nor between the airports and/or terminals of the destination city.
The prices of the Carrier's Tickets are dynamic and depend on the retail channel.
4.2 Taxes and fees
The Carrier's prices always include VAT, fuel surcharges - where applicable - and the taxes established by each airport authority. Other fees for optional services shall be expressly notified and must be accepted by the Passenger before payment is made. Fees and taxes are governed by decisions beyond the Carrier's control and are subject to constant modifications and reviews, which may occur after a ticket has been purchased. If there is an increase in a fee or tax after the Ticket has been purchased but before the Passenger has flown, and if the Carrier decides to review the price by transferring the increase to the Passenger, s/he may either (i) pay the difference with regard to the fees shown at the time of purchase by expressly authorising the Carrier to charge the increase or the difference to the same credit card used to pay for the Ticket or Conjunction Ticket if this was the form of payment employed, or (ii) terminate the contract of carriage. In any case, the Carrier is entitled to cancel the bookings of any Passengers who have not expressly chosen any of the options offered by the Carrier and have therefore not paid the difference in fees before the date of the flight.
The price and additional services are payable in euros.
Nevertheless, the Carrier may accept other currencies at their discretion. In such cases, the Carrier shall be entitled to set the exchange rate taking into account the price of the currency on international markets and, if applicable, other additional objective criteria, such as administration fees.
4.4 Non-use of the ticket
Except as expressly provided herein, complete or partial non-use of the Ticket at the corresponding time by the Passenger shall not mean that the Carrier is obliged to refund the price of the Ticket. However, Passengers will be able to request a refund for taxes paid on tickets they did not use, that is, if they did not board the plane. The refund can be requested by post, by calling Customer Services or via an online form. The amount will be refunded within 30 days of making the request, via the same payment method used to purchase the Ticket.
4.5 Exceptional circumstances
A Passenger who is unable to travel due to exceptional circumstances is required to submit a claim and a copy of any supporting documentation (for example, the death certificate in the event of the passing of parents, children, spouse or civil partner) to the Carrier's customer services team either by post or by filling in a web form online.
On receipt of this claim, the Carrier will assess the expediency of issuing a credit, refund or Ticket change in light of the exceptional circumstances in question.
Specifically, in the event of hospitalisation or the death of a family member, only a medical or death certificate, respectively, will be accepted as proof and in any case must be submitted within 7 working days of the situation occurring. Claims received after this period will not be admitted, except in the event of force majeure, and in any case the claimant must have notified the Carrier by telephone prior to the departure of the flight affected.
We advise Passengers to take out appropriate travel insurance to cover this type of eventuality.
4.6 Free Tickets or reduced fares that are not directly or indirectly available to the general public
Passengers travelling for free or on a reduced-fare ticket that is not directly or indirectly available to the general public shall not have the rights as provided for other Passengers in Regulation 261/2004, of 11 February 2004. Furthermore, they must at all times be able to justify why the have a free or reduced-fare Ticket.
The Carrier shall issue Passengers with invoices when expressly requested via the Internet or by phone.
The Carrier shall not be liable for any additional charges made by the entity that provides the specific payment method for the Passenger.
5.Seat reservation. Booking seats in advance
5.1 Requirements for the booking
The seat reservation for a flight shall be confirmed once the Carrier issues the Ticket without requiring subsequent confirmation of the reservation.
5.2 Changes to a booking
The Passenger shall be entitled to make flight changes and name error corrections within 24 hours after the booking was issued with no penalty.
Without prejudice to the provisions of General Condition 9 regarding Fares, Passengers may change the date and time of the flight (subject to seat availability) providing the Passenger pays the corresponding charge and, if applicable, the difference between the price of the original Ticket and the price of the new Ticket. If the new Ticket has a lower price, this difference shall not be refunded.
A change of Passenger name is only permitted once the corresponding charge has been paid as well as the difference between the price of the original Ticket and the price of the new Ticket. If the new Ticket has a lower price, this difference shall not be refunded. The name of the Ticket holder in a booking for any type of Ticket must be the same for all of the included flights. Therefore, the Ticket holder may not be changed if any of the flights included in the booking have already been completed.
Any changes to the booking that involve the date, time or passenger must be made at least 2 hours before departure. Changes to the date and time can be made via the website or through the Customer Services Department. Passenger changes can only be made by calling the Customer Services Department. These changes can also be made at the airport Sales Desk up to 40 minutes before departure. Tickets issued through other sales channels or in accordance with other fares may have different conditions regarding changes.
The price of the Ticket, all taxes and fees, along with all charges relating to the booking must be paid in full upon confirmation of the booking. If payment is not verified, the contract of carriage shall not be considered valid and we shall cancel the booking without prior notice.
5.4 Booking seats in advance
Seat selection is subject to the conditions of each Fare, as set out in General Condition 9.
Early seat booking is optional and subject to seat availability at the time of the request and applies exclusively to Passengers with a previously issued Ticket.
This service is not available for the following passengers, who must check in at the airport:
Minors for whom the unaccompanied minor service (UM) has been booked
Minors flying without an adult companion from any Italian airport
Passengers flying with an infant
Passengers flying with a pet
Passengers who have booked an extra seat
Passengers who have contracted the Pending Passenger service
Passengers with a pending payment or a price lock
Passengers whose flight departs in less than 4 hours
Passengers whose resident status could not be validated online
Passengers flying with sporting arms
The booking and use of the seat cannot voluntarily be transferred to another Passenger.
No deductions are applied for Residents or Large Families as this is a voluntary option for Passengers. The cost of early seat booking includes all applicable taxes.
The Carrier may change the allocation of booked seats for operational reasons, safety or control. This is especially valid in the case of seats located next to emergency exits, which may not be occupied by Passengers who require seatbelt extensions, pregnant women, minors under fifteen years of age, Passengers with small children or persons with functional disabilities or - in general - all those who, in the event of an accident, are unable to provide the flight crew with assistance as required by international aeronautical regulations applicable to Passengers occupying the aforementioned seats.
If the Passenger subsequently wishes to change a reserved seat, the Carrier shall assign a new seat according to availability or choice, but shall not reimburse the extra charge paid for the first seat.
5.5 Passengers with reduced mobility and Passengers with plaster casts
At airports located in EU member states, it is the responsibility of each airport to provide assistance for Passengers that are disabled or have reduced mobility. As long as Passengers make their request for assistance at least 48 hours before departure, the Carrier will ensure that the request is received by company providing the airport assistance service. Once at the airport, the Passenger must go to one of the official meeting points designated for this purpose and request assistance there. It is recommended that the Passenger consult a map of the airport in order to locate the closest meeting point.
At non-EU airports, the Carrier shall - within the terms and conditions laid down in law - provide assistance for passengers with disabilities or reduced mobility who have requested this service at least 48 hours before the flight.
At no additional charge, the Carrier shall provide the assistance specified in Annexe II to Regulation (EC) No 1107/2006, of 5 July, for Passengers with reduced mobility who have stated their need for special assistance and who are departing from, arriving at or travelling through an airport included in the journey specified on a Ticket or on a Conjunction Ticket.
6. Times, connections, delays, diversions, changes, flight cancellations and Passengers refused boarding
If the Passenger purchases one or more Point-to-Point flights, it is the responsibility of the Passenger to allow sufficient time to collect their baggage from the first flight (if applicable), check it in again, go through the security control and reach the boarding gate of the second and/or subsequent flight. Each Point-to-Point flight constitutes a separate contract of carriage. Therefore, the Carrier shall not be held liable for missed connections. The above provisions shall not be applicable to Conjunction Tickets.
6.2 Delays, Cancellations and Overbooking
If a Passenger is affected by any of these eventualities, the regulations covering this area shall be applied, constituted by Regulation 261/2004, of 11 February 2004.
The Passenger must attach an identification label to their baggage containing truthful and up-to-date information before checking it in. Thereafter, the Carrier shall be responsible for the Passenger's baggage. The Carrier shall provide the Passenger with a baggage registration voucher, certifying that it has been checked in, which must be retained by the Passenger until they have collected the baggage.
7.2 Dangerous Goods
Objects that endanger the aircraft or the people or equipment on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA), which include but are not limited to gas cylinders, inflammable liquids and solids, poisons, radioactive material, corrosives, fire arms and explosives, will not be accepted for carriage in the cargo hold or overhead lockers on board without the prior express consent of the Carrier. For further information about dangerous goods, please consult our regulations.
If you have any queries regarding which articles you can carry on to the aircraft or check in for carriage in the cargo hold, or where specific items should be carried, please contact us before you travel or ask at the ticket sales desk or customer services desk when you arrive at the airport.
7.3 Right of the Carrier to inspect baggage
For security reasons, the Carrier may ask the Passenger to allow them to search, X-ray or scan their luggage—and the luggage may be searched or may have been searched in absence of the Passenger (even if it means forcing the locks on their luggage)—with assistance from the competent authorities, in order to determine whether they are in possession of any item mentioned in clause 7.2 and clause 7.5 of these General Conditions.
If the Passenger is not willing to fulfil the aforementioned requirement, the Carrier may refuse to carry the Passenger or their luggage without refund or any other liability. If the Passenger is injured when being searched or scanned, or if the X-ray or scanner damages their luggage, the Carrier will not be liable unless the injury or damage was caused through their fault or negligence.
If required to do so, the Passenger must be present during the inspection of their hand luggage or checked luggage by customs agents or other government officials. The Carrier will not be liable for any loss or damages suffered by the Passenger resulting from the non-fulfilment of this requirement, unless they were caused by the Carrier's negligence.
7.4 Luggage allowance per Passenger
With the Basic fare, checking in one case of up to 23 kg per Passenger is subject to the payment of a variable supplement according to the individual characteristics of each flight. The Optima fare includes one checked-in case of up to 23 kg per passenger at no extra cost.
All of the fares allow Passengers to check in more than one item of luggage, providing they pay the corresponding charge per item. The allowance may be increased by paying the corresponding charge, subject to a limit of 32 kg per item of luggage.
The Carrier is entitled to deny carriage of all or part of any baggage exceeding this allowance or for which an excess baggage charge has not been paid. For infants under two years of age, Passengers may carry a pushchair, basket or cot providing it is fully folded.
7.5 Hand luggage
Each Passenger may only carry one item of hand luggage of up to 10 kg and no larger than 55x40x20 cm.
In addition, the Passenger may carry one extra item free of charge and which must be significantly smaller than 35x20x20 cm, such as a small briefcase, a handbag or camera, and must be stored under the seat.
At the boarding gate, all hand luggage which does not comply to the Carrier's regulations, i.e. which exceeds the amount, weight or measurements stated above, shall be removed and stored in the cargo hold of the aircraft, at an additional charge.
The Carrier reserves the right to cancel a booking and deny boarding to those Passengers who fail to meet the hand luggage requirements specified above.
This is unless, due to local security reasons in the country of origin or destination, such items are not allowed on board, without prejudice to the rules governing the carrying of certain products as hand luggage.
Items (including musical instruments or similar) that do not meet the size requirements for hand luggage shall not be accepted for carriage in the overhead lockers of the passenger cabin, unless the Passenger has purchased an additional Ticket or Conjunction Ticket for the items.
The following items may not be carried as hand luggage:
Guns, firearms and other devices that discharge projectiles (including all kinds of firearms such as pistols, rifles or shotguns, toy guns, imitation firearms, compressed air and CO2 guns, signal flare pistols and starter pistols, bows, crossbows and arrows, harpoon guns and spear guns, slings, catapults and component parts of firearms, except telescopic sights).
Devices designed specifically to stun or immobilise (including stun guns, tasers and stun batons, animal stunners and animal killers, disabling and incapacitating chemicals, gases and sprays, such as tear gas, acid sprays and animal repellent sprays).
Objects with a sharp point or sharp edge (including axes, hatchets and cleavers, ice axes and ice picks, knives with blades of more than 6 cm, razor blades, scalpels, ski and trekking poles, scissors with blades of more than 6 cm, martial arts equipment with a sharp point or sharp edge, swords and sabres).
Blunt instruments (such as baseball and softball bats, clubs and batons, and martial arts equipment).
Explosives and incendiary substances and devices (such as ammunition, blasting caps, detonators and fuses, replica or imitation explosive devices, mines, grenades and other explosive military stores, fireworks and other pyrotechnics, smoke-generating canisters and smoke-generating cartridges, dynamite, gunpowder and plastic explosives).
Workmen’s tools capable of being used either to cause serious injury or to threaten the safety of aircraft (including crowbars, drills and drill bits, tools with a blade or a shaft of more than 6 cm, such as screwdrivers and chisels, saws, blowtorches, bolt guns and nail guns).
In accordance with the provisions of Regulation No 185/2010, containers with liquids, aerosols and gels and products of a similar consistency (for example, toothpaste, hair gel, drinks, soups, perfume, shaving foam, aerosols, food spreads, and other items with similar consistencies, etc.) may only be carried as hand luggage providing that they are carried in containers with a capacity not greater than 100 ml, which will be placed inside a transparent bag with a maximum capacity of 1000 ml or equivalent that is completely sealable. Only one bag per Passenger is allowed.
It is also permitted to carry diet products, medication (liquids or semi-solids) to be used on board, as well as necessary medical instruments such as syringes, for which you should provide a certificate of authenticity at security when required.
It is permitted to take on board liquids purchased at:
Shops at the flight departure airport located beyond the security control point, points of sale subject to approved security procedures as part of the airport security programme, providing they are packed in a tamper-evident bag and that the passenger can prove they have been purchased at that airport on that same day.
At points of sale situated in the security restricted area subject to approved security procedures as part of the airport security programme.
At shops in other EU airports, on condition that the liquids are packed in a tamper-evident bag inside which satisfactory proof of purchase at airside at that airport on that day is displayed.
The Carrier recommends reading the aforementioned Regulations for more details on the current prohibitions concerning hand luggage.
The Carrier shall deny boarding, at any time and with no economic compensation, for all hand luggage that fails to meet the requirements set out in the aforementioned Regulations.
All hand luggage must be placed at all times in the overhead lockers installed for that purpose, under the Passenger's seat or where specified by the cabin crew. The Passenger shall be liable for all damages to the Carrier or to third parties caused by his or her luggage, except when such damages arise through negligence on the part of the Carrier.
7.6 Collection and handing over of luggage
Passengers may collect their luggage as soon as the Carrier makes it available to them at the points designated for this purpose at the destination airport. The unprotested collection of luggage on the part of the holder of the luggage registration voucher or Ticket within the legally stipulated periods implies they waive the right to make subsequent claims.
The Passenger authorises the Carrier to the effect that, if the Passenger's luggage is lost, they may conduct, either themselves or through a third party, the necessary investigations to locate the owner, by means of existing objects or elements on the inside or outside of the luggage and duly respecting the confidential nature of the personal data obtained.
If the Passenger fails to collect their luggage within 7 days of its being made available to them, the Carrier may demand the sum of 10 EUROS per day of storage. If the Passenger fails to collect their luggage within six (6) months of the date it was made available to them, the Carrier may dispose of the luggage without liability.
If a Passenger claims an item of luggage but fails to provide the corresponding luggage registration voucher, the item in question shall only be handed over to the Passenger if they can provide proof satisfying the Carrier that the item belongs to them. If the Carrier so requests, in justified cases and before they can collect their luggage, the Passenger must provide the economic means to cover any loss, damage or expense incurred by the Carrier as a result of the baggage delivery.
The Carrier is entitled to impede or deny baggage delivery to any Passenger carrying a suspicious item of luggage, or upon a request in this regard from another passenger or from Spanish State Security Forces or the security forces of each country. In such cases, the Passenger must complete all procedures laid down by law before collecting the luggage and the Carrier shall not be held liable for the delayed or denied baggage delivery.
If the Passenger purchases one or more Point-to-Point flights, it is the responsibility of the Passenger to allow sufficient time to collect their baggage from the first flight (if applicable), check it in again, go through the security control and reach the boarding gate of the second and/or subsequent flights. The above provisions shall not be applicable to Conjunction Tickets.
In the case of Conjunction Tickets, the Passenger must check in their baggage at the departure airport and collect it at the destination airport; the Carrier shall be responsible for handling the baggage during all stopovers included in the route.
7.7 Damaged luggage
In the event of lost or damaged luggage, the rules established by standards currently in force will apply, most notably the Montreal Convention of 28 May 1999, as well as Regulation (EC) No. 2027/97 of the European Council.
The Carrier will be liable in cases of destruction, loss, delay or damage to luggage, up to the sum of 1,131 Special Drawing Rights. Passengers may benefit from a higher liability limit by making a special value declaration, for which there is a supplementary charge. With regard to unchecked luggage, the Carrier will only be liable for damages caused through its fault.
If checked luggage has been damaged, lost, destroyed or delayed, the Passenger must inform the Carrier in writing at the earliest opportunity and in any case within 7 days for damaged luggage and within 21 days for lost luggage. The aforementioned periods will begin from the moment the luggage is handed over.
In any case, the Carrier will not be liable for damages such as dents, scratches, stains and broken handles and/or wheels, unless (i) the luggage is proved to have been in perfect condition before it was handed over to the Carrier, (ii) the damage is specified, and (iii) it is proved that the alleged damage occurred during the time that the Carrier was responsible for the luggage.
The Carrier will not be liable for damages to perishable and fragile items carried as hold or hand baggage, unless (i) it is proved that said items were packed correctly, (ii) the damage is specified, and (iii) it is proved that the alleged damage occurred during the time that the Carrier was responsible for the luggage. For further information about perishable and fragile items, please consult our regulations.
If the airline operating the flight is not the Carrier, the Passenger may register a complaint or claim with either company.
7.8 Animals and special luggage
Passengers who usually require a guide dog or an assistance dog may take the animal on board with them, providing the animal is appropriately secured and the Passenger accepts liability for any damages caused.
Assistance dogs are those that have been individually trained to help people with a special need. To fly with one of these dogs you need an official, physical certificate qualifying it as an assistance dog or guide dog, issued by a member of Assistance Dogs International (ADI) or International Guide Dog Federation (IGDF).
During the booking process, the Passenger may choose to contract the service for carrying a pet in the cabin of the aircraft, as animals may not be carried in the hold of the plane, for which an additional fee will have to be paid and the following conditions must be met:
Only animals such as dogs, cats, birds (except birds of prey), fish and terrapins are allowed on board. Other families of animals such as rodents, lagomorphs (e.g.: rabbits), farm animals or animals that produce smells (ferrets) or noises that are annoying for the rest of the passengers or that may put security on board the plane in danger will not be allowed on board.
The animal must be enclosed in a travel carrier that is not a rigid container and which must have breathing holes and a waterproof bottom; a home-made box is not acceptable. If the container is deemed to be unacceptable or unsafe at the exclusive judgement of the cabin crew or airport personnel, it will be rejected.
The maximum measurements of the travel carrier are 45 cm long, 39 cm wide and 21 cm high.
The maximum weight of the carrying box (including the animal and its additional items) is 8 Kg.
Food and drink bowls must be securely covered to prevent their content from spilling.
During the flight, the box must remain on the floor between the Passenger's legs or under their seat. It is forbidden for the box to be carried on the seat adjacent to the Passenger, even if unoccupied, or on their lap.
The Carrier is entitled to reject all animals whose special characteristics (unpleasant smell, poor health, inadequate hygiene or violent conduct) may cause distress or danger to fellow passengers.
All Passengers carrying animals must take charge of them at all times and deal with any problems they may cause.
The animal may not be taken out of its container under any circumstances between boarding and exiting the aircraft.
Only one animal per box may be carried.
Animals may not be carried in Space + seats.
The Passenger must ensure that the regulations in force in the country of destination allow the animal to be carried and to enter the country in accordance with local legislation and that it (i) fulfils all the required standards of hygiene and (ii) has all required documentation for its ownership and transportation.
The Passenger will be liable for any damages (such as fines imposed by the destination country of the flight, etc.) incurred by the Carrier through the transportation of their animal without suitable documentation.
Only two animals are permitted on board in cabin on a single flight. The online booking system does not offer this service to passengers that wish to book once the maximum number has been reached.
The Carrier does not offer the option of carrying animals in the aircraft's cargo hold.
For the carriage of sport equipment and special luggage, the Passenger must accept the specific conditions and fees at the time of booking.
7.9 Carriage of equipment pertaining to persons with reduced mobility
In accordance with the provisions of Regulation (EC) No 1107/2006, up to two pieces of mobility equipment per disabled person or person with reduced mobility can be carried, at no extra cost.
8. Basic and Optima Fares
8.1 Basic Fare
The Basic fare includes carriage from the departure airport to the destination airport.
The Basic fare only allows you to check in luggage and select a seat upon payment of the corresponding supplements.
8.2 Optima Fare
The Optima fare includes, in addition to the features of the Basic fare, the following services:
“Bring your Flight Forward”, allowing you to swap your flight for an earlier one departing the same day, at no additional cost. You can only make this change at the sales desk at the airport, between 2 hours before departure of the new flight and closing time of the check-in desk, which is 40 minutes before departure of the new flight, except in Rome, which closes 45 minutes before departure.
Free reservation of a specific seat from the seats available for this fare.
Free check-in for one item of luggage (up to 23 kg).
8.2.2 Optima fare bookings
You can book the Optima fare providing it is available for the desired journey. You will automatically be sent the boarding pass by email upon completion of the purchase process as long as a seat has been assigned.
8.2.3 Modifying Optima bookings
You can swap your flight for an earlier one that departs the same day, free of charge, providing there are seats available, subject to the provisions set out in section 9.2 (i).
You cannot change from the Optima fare to the Basic fare.
Once you have booked the Optima fare, you can only change the date, times and name within the Fare itself, subject to the corresponding fee.
9. Check-in and administrative formalities
9.1 Check-in deadline
Passengers must arrive at the airport in sufficient time with respect to the scheduled departure of their flight in order to complete all official formalities and, where applicable, check in their luggage. Check-in desks open 2 hours before departure and close between 40 minutes before scheduled departure (even if the flight is delayed).
After this period, no luggage shall be accepted and no boarding passes issued. Once the check-in deadline has passed, the Carrier is entitled to transfer the seats pertaining to Passengers with a booking and no advanced boarding pass who have failed to identify themselves at the corresponding check-in desk or at any other place specified by the Carrier within the check-in deadline to Passengers on the waiting list pending acceptance.
To check in luggage, Passengers must present the corresponding Ticket or booking number as well as a document that legally proves their identity. The Carrier reserves the right - for itself or third parties - to identify the Passenger by other means if it considers the documentation presented to be insufficient or if there is any doubt as to the identification or the validity of the documentation provided.
Boarding begins 40 minutes before departure. The boarding gate closes 20 minutes before departure time. The Carrier reserves the right to cancel the seat allocation and the booking of those Passengers who fail to board at least 20 minutes before scheduled departure. Passengers who arrive late at the check-in desk shall not be allowed to board, shall not be entitled to compensation for denied boarding and shall be liable for any damages to the Carrier in the event that their luggage must be located and taken off the plane due its having been checked in by a Passenger who failed to arrive at the boarding gate before the specified deadline.
Whenever possible, families travelling with children, Passengers in wheelchairs and Passengers with reduced mobility shall be given priority for boarding.
9.4 Passenger Rescue service
The Carrier provides a specific service for helping Passengers who miss their flight, upon payment of the corresponding fee, to board a later plane (Passenger Rescue). In the event that the Passenger decides to use this service, they shall remain subject to the provisions set out herein with regard to the new flight.
9.5 Travel documents
The Passenger will be responsible for obtaining, retaining and presenting when required, all entry and departure documentation required for countries from which, to which, or over which they are being transported, as well as health documentation or other documentation that could be demanded in such countries. The Carrier reserves the right to refuse to transport any Passenger who has not complied with such applicable laws, regulations, rules, demands or requirements, or whose documents do not comply with the former, in the Carrier’s judgement, or the judgement of authorities in the departure or arrival country.
In accordance with the Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council, for intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay. The date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States. The entry conditions for third-country nationals from non-EU countries and countries which have not signed the Schengen Agreement shall be the following:
a) they are in possession of a valid travel document (passport) entitling the holder to cross the border satisfying the following criteria: i) its validity shall extend at least three months after the intended date of departure from the territory of the Member States; ii) it shall have been issued within the previous 10 years.
b) they possess a valid visa, if required pursuant to Regulation (EC) No. 539/2001 of the Council, of 15 March 2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), unless they hold a valid residence permit;
c) they possess documents that justify the purpose and conditions of the intended stay, and they have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted, or are in a position to acquire such means lawfully;
d) they are not persons for whom an alert has been issued for the purposes of refusing entry in the SIS;
e) they are not considered to be a threat to public policy, internal security, public health or the international relations of any of the Member States, in particular where no alert is issued in Member States' national data bases for the purposes of refusing entry on the same grounds.
9.6 Denied entry to a country
If, for any reason, a public authority in the countries to which, from which or over which carriage is undertaken should deny a Passenger entry into the country, including transitory, the Passenger shall pay the transport cost for their return to the airport of origin or to any other airport. The Carrier shall not be obliged to reimburse the Passenger for the portion of the Ticket price corresponding to the routes that the Passenger has not completed nor be held liable for this Passenger's baggage.
9.7 Passenger Liabilities
In the event that the Carrier has to pay a fine or penalty or incur any expenses due to a breach on the part of the Passenger and their baggage (customs, police, etc.) of any laws, demands or other travel-related requirements of the countries to which, from which or over which carriage is undertaken, the Passenger shall, upon request from the Carrier, reimburse the amount paid or expenses that have been or will be incurred by the Carrier.
10. Right of the Carrier to deny passengers carriage and restrictions on carriage
10.1 Right of the Carrier to deny Passengers carriage
The Carrier reserves the right to deny, at any time, carriage of a Passenger who holds a Ticket if, in the Carrier's judgement:
It is necessary or appropriate for reasons of public safety.
It is necessary or appropriate in order to comply with applicable laws or regulations in a country of origin, destination or stopover.
It is necessary or appropriate due to the Passenger's behaviour, condition, age or mental or physical condition.
It is necessary or appropriate in order to avoid serious harm, inconvenience or distress to fellow Passengers or the crew.
It is necessary or appropriate because the Passenger has previously and repeatedly breached the Carrier's rules.
The Passenger has provided the Carrier with a document (a) acquired in an allegedly illegal manner, (b) that has been reported as lost or stolen, or (c) that is allegedly false or contains changes or alterations of any kind not made by the Carrier. In such cases, the Carrier reserves the right to withhold the aforementioned document(s).
The person who presents him/herself at the Carrier's check-in desk is not the Ticket holder. In such a case, the Carrier reserves the right to withhold the aforementioned Ticket.
The Passenger is unable to prove that the Ticket is paid for in full, has requested that the credit card payment be cancelled, or there is a suspicion of fraud.
10.2 Restrictions on carriage
Pregnant women: The Carrier agrees to carry women who are up to 36 weeks pregnant (inclusive) without their having to provide a medical certificate.
Minors: The Carrier does not offer Unaccompanied Minor service (UM). Minors under 12 years of age cannot travel without a responsible companion over 16 years of age.
For safety reasons, babies less than 7 days old will not be admitted on board. Children between 7 days and 2 years of age (1 year + 364 days) must travel on their parent's lap. Pushchairs and cots may not be taken on board. Such Passengers under 2 years of age are charged a standard amount per booking. A maximum of six Unaccompanied Minors, between 5 and 8 years of age, plus one baby not entitled to a seat, per adult over 18 years of age will be admitted on board.
At any time, both the Carrier and the local authorities at the departure or destination airport are entitled to demand all documentation relating to a baby or minor who intends to travel, and we therefore advise Passengers to keep this documentation close to hand.
Minors over 14 years of age will only be admitted on board if they are carrying a valid identity card or passport in their name. Minors under 12 years of age are also required to carry a passport or identity card, but the Spanish "libro de familia" will be admitted instead on domestic flights when they are accompanied by at least one parent.
There is a possibility that minors under 18 years of age residing in certain countries and travelling without a parent or legal guardian may be asked by the authorities to provide a form signed by a parent or legal guardian before departure, and they may be prevented from boarding if they are not in possession of this form. In the case of Romania, minors under 18 years of age who intend to travel accompanied by only one of their parents may only do so if they have an official certificate signed by both parents. Below are the requirements for international flights from certain countries:
Flights to Czech Republic: Children who are 15 years of age or older need their own passport to travel to/from the Czech Republic.
French passengers under 18 years of age: Children under 18 years of age travelling abroad without both parents/legal guardians and departing from French territory:
For flights exclusively within Europe, the minor must carry at least their identity document or passport.
For journeys from French territory to a territory outside Europe, in addition to an identity document or passport, the child will require authorisation to travel signed by both parents or legal guardians. Children under 18 years of age travelling with a valid passport do not need said authorisation as their passport serves as consent or authorisation from the parents/legal guardian.
Spanish passengers under 18 years of age: Children under 18 years of age travelling without one of their parents/legal guardians and departing from Spanish territory without their parents/legal guardians: those carrying their national identity card will only have to carry, additionally, a travel authorisation form filled out by both parents/legal guardians (it will not be accepted if only signed by one parent as it is mandatory for both parents to sign the document). The travel authorisation form can be obtained from the police. Children under 18 years of age travelling with a valid passport do not need said authorisation as their passport serves as consent or authorisation from the parents/legal guardians.
Italians under 14 years of age: On domestic flights, minors under 14 years of age can travel with persons other than their parents or legal guardians, providing they show their identity document. Minors between 14 and 17 years of age can travel alone.
In all cases, minors must show any of the documents indicated in the Decreto del Presidente della Repubblica nr. 445 of 28 December 2000.
On international flights, minors under 14 years of age must show their identity document, passport or travel authorisation and be accompanied by an adult. If accompanied by their parents or legal guardians, the name of their parents or legal guardians who are accompanying them must be specified; if accompanied by an adult not legally related to the minor, in addition to the minor's identity document, they must also present a declaration of temporary guardianship to travel outside of Italy signed by the parents or legal guardians and verified by the competent authorities, also including the name of the companion or of the entity or company responsible for the minor.
In all cases, minors must show one of the following documents: (i) identity document valid for international travel, including within the EU or a country that has a bilateral agreement with Italy, (ii) individual passport, (iii) travel permit (only for certain destinations) or birth certificate or extract of birth certificate with photo, issued in the town/city of birth and verified by the corresponding authorities.
On study tours or school trips with minors, the name of the person, institution or entity responsible for organising the trip must be specified on the declaration of temporary guardianship to travel outside of Italy.
A passenger under 18 years of age travelling to Portugal must:
be accompanied by a parent or legal guardian, or
be met at the airport or entry point by a parent or legal guardian, or
if not accompanied by a parent or legal guardian, they must carry a letter of authorisation to travel signed by a parent or legal guardian. This document must include the name of the adult that will be responsible for the minor during their stay in Portugal.
Resident minors leaving Portugal: All minors, both Portuguese and non-Portuguese, who live in Portugal must carry a notarised letter of authorisation signed by a parent or legal guardian if they wish to leave the country unaccompanied. If the minor is travelling with a third party, the letter must also include the name of the person who is taking charge of the minor.
The letter of authorisation can be issued:
by one of the minor's parents (if the parents are married)
by the parent with whom the minor lives (if the parents are separated or divorced)
by one of the adoptive parents (if the minor is adopted) or
by their legal guardian.
A standard form for minors leaving the country is available from the Portuguese Immigration Service website. “Requerimento de Certidão” is for Portuguese citizens. “Termo de Responsabilidade” is for non-Portuguese citizens.
Romanian passengers under 18 years of age: Romanian children can leave Romania providing they are travelling:
with both parents; or
with one of their parents and carrying a letter of authorisation from the absent parent; or
with a legal guardian (who cannot be their father or mother), carrying a letter of authorisation from their parents as well as proof that they have no criminal background.
Passengers suffering from illness or infections: The Carrier will not accept Passengers who are, or may be, suffering from a serious contagious disease or a disease that has triggered an official warning from the health authorities, such as severe respiratory infections, viral infections, tuberculosis or pneumonia.
On-board conduct and extended use policy for electronic devices on-board
If, in the opinion of the Carrier, the behaviour of a Passenger on board may be endangering the plane or any person or items on board, or is hindering the crew in the performance of their duties, or the Passenger ignores any instructions given by the crew, or threatens, is abusive towards or insults any member of the crew, or behaves in a scandalous manner or in any way that may be deemed offensive towards fellow Passengers, the Carrier is entitled to take whatever measures it considers necessary in order to prevent such behaviour from continuing, including expulsion from the plane. The Carrier shall subsequently exercise all legal (criminal or civil) actions to which it has the legal right.
For the security of passengers and crew, and pursuant to the Law on Civil Protection of the Right to Honour, Personal and Family Intimacy and one's own image, it is forbidden to take videos or photographs of any member of the crew or passengers, unless they have obtained prior authorisation and their express consent to do so. Any member of the crew may request the deletion of images or videos taken unlawfully or without due consent.
If, as a result of the Passenger's behaviour on board the plane, the captain thereof decides, by reasonable decision, to divert the plane in order to remove the passenger, this Passenger shall pay the Carrier all costs derived from this diversion.
It is forbidden to consume alcoholic drinks, unless acquired on board.
11. Extended use of electronic devices on-board
Passengers will be allowed to use the following electronic devices ("PED") on-board the Carrier's aircraft:
Mobile phones (smartphones);
Electronic headphones that reduce external noise;
MP3, MP4 and similar devices, as well as digital music players;
Small electronic game consoles;
Laptops and notebooks;
Personal digital photographic and video cameras (excluding professional cameras). Use permission does not include taking photographs of crew members or any element of the aircraft;
Small DVD/CD players.
Headphones with cord (except during taxiing, take-off and landing).
Notwithstanding the above, the aircraft crew may, at any time, order all electronic devices be switched off and stowed away (even if they have "flight mode").
The use of Bluetooth or WiFi on any device is forbidden throughout the entire flight (including Bluetooth headphones, peripheral keyboards and remote control devices, amongst others). Mobile phones and other handheld electronic devices that emit electromagnetic waves may be used on-board the Carrier's aircraft as long as the doors are open. Once the doors are closed, their use shall only be allowed in flight mode in accordance with the following table:
Electronic devices that are checked in with your luggage shall be switched off all the time.
The use of any type of electronic cigarettes is prohibited on-board all the Carrier's aircraft.
12. Liability for human and material damage
12.1 General considerations
In case of accident, the Carrier shall be liable for the following:
Liability shall be limited to proven damage and the Carrier shall not be held responsible for indirect or insufficiently proven damage, as well as any kind of non-compensatory damages.
The Carrier is not liable for any damages resulting from its compliance with the law, official regulations, ordinances or requirements, or breaches thereof on the part of the Passenger.
The General Conditions of Carriage also apply to authorised agents of the Carrier, employees and representatives, in the same degree as they apply to the Carrier. The sum recoverable by the Carrier, as well as its agents, employees, representatives and authorised persons, shall not exceed the sum corresponding to the Carrier's liability, should such liability exist.
If the airline operating the flight is not the Carrier, the Passenger may register a claim with either. The name of the contracting Company shall appear on the Ticket or Conjunction Ticket.
12.2 Personal injury
The Carrier shall be liable for damage sustained in the event of death, wounding or other bodily injury suffered by a Passenger if the accident that caused the damage occurred on board the plane or while the Passengers are boarding or exiting the plane, under the terms and extension provided for in Regulation 2027/97 (amended by Regulation 889/2002) and the Montreal Convention of 28 May 1999, and without prejudice to the Carrier's exclusions from liability in the event that (i) the death, wounding or other bodily injury was a result of the physical or mental condition of the Passenger and which already existed prior to boarding; or (ii) if the damage was caused or fostered by negligence on the part of the Passenger or by their health prior to boarding the flight.
There are no financial limits to the liability for Passenger injury or death. For damages up to 113,100 Special Drawing Rights per Passenger, the air carrier cannot contest claims for compensation. Above that amount, the air carrier can only contest a claim if it can prove that it was not negligent or otherwise at fault.
The recoverable sum shall cover the redress of the damage, as determined in a non-contentious amicable settlement, according to expert opinion or a competent court.
The Carrier shall compensate the Passenger for recoverable damages only for the part in excess of the amounts received from a public social security body or similar institution.
The Carrier reserves the right to take recourse action against third parties including, without limitations, the right to subsidy and compensation.
In the event of death, wounding or other bodily injury resulting from an air accident, the person(s) entitled to compensation, when identified, shall be offered an advance payment to cover their immediate needs and on a basis proportional to the damages caused. In the event of death, this advance payment must be no less than 16,000 Special Drawing Rights per Passenger. The advance payment shall be made within fifteen (15) days of the official identification of the person(s) entitled to compensation, shall not imply acknowledgement of liability and shall be deductible from the final amount payable for any liability in accordance with this Section, but shall not be reimbursable except in cases provided for in Art. 20 of the Montreal Convention or if the person(s) had no entitlement to compensation.
Any claims must be brought within two years of the date of the flight.
13. Liability for delays
In case of Passenger delay, the Carrier shall be 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 4,694 Special Drawing Rights per Passenger.
Own and third party additional services
The Carrier provides a wide range of additional services which are offered to Passengers during the booking process and allow them to tailor the airline's offers to their requirements.
The Carrier has standing agreements with third party companies to offer Passengers services other than those relating to air carriage, such as hotel reservations, activities, car hire or VIP lounges, among others. In such cases and with respect to services taken out by Passengers in addition to the flight, these shall be governed by the terms and conditions of the third parties that provide the services, and the Carrier shall not be held liable for non-fulfilment on the part of the third parties in the rendering of the aforementioned services.
The Carrier does not guarantee an allergen-free environment on the plane. Our in-flight menu offers food that contains nuts, peanuts or other potentially allergenic products; furthermore, we are not able to control whether food or other products or components carried on board by passengers may cause allergic reactions or not.
It is essential for all passengers with allergies to carry an epinephrine injection in case of an attack, together with a medical note certifying the need to carry it. Passengers must tell the cabin crew about their allergy as soon as they board the plane. The Carrier cannot accept liability if a passenger does not carry the injection.
15. General Provisions
No agent, employee or representative of the Carrier is authorised to alter, modify or renounce any of the provisions set out in this Contract.
This Contract may be stored by the Passenger in electronic format.
Should any of the clauses or conditions of this Contract be declared illegal or invalid, the remaining provisions of the Contract shall remain valid.
Without prejudice to the provisions of current regulations, these General Conditions of Carriage shall be governed by Austrian Law.
Any disputes that may arise in relation to the General Conditions of Carriage set out herein shall be subject to the “non-exclusive jurisdiction” of Austrian courts.
Regardless of the jurisdiction of the general court, consumers may turn to an organisation to resolve the alternative dispute:
For online bookings, the European Commission has set up a dispute resolution platform at http://ec.europa.eu/odr
Regardless of whether the booking was made online or any other way, consumers may turn to one of the following organisations to resolve the alternative dispute:
Agentur für Passagier- und Fahrgastrechte [Agency for Passenger Rights]
Linke Wienzeile 4/1/6
+43 1 5050 707 740
Filing a claim by post; or by fax at +43 1 505 0707 180; or online: https://www.apf.gv.at/de/beschwerde-flug.html