Terms & conditions
CONDITIONS OF PURCHASE
1. – Terms & definitions
2. – Acceptance of general conditions
3. – Booking and ticket purchase
4. – Fares, taxes and payment options
CHANGES AND CANCELLATIONS
5. – Changes and cancellations
6. – Check-in and boarding
7. – Special assistance
8. – Conduct on board
9. – Refusal and limitation of carriage
10. – Baggage
11. – Schedules, delays and cancellation of flights
12. – Refunds
13. – Liability for damage
14. – Time limitation on claims and actions
15. – Applicable law
16. – Other conditions
17. – Interpretation
1. – Terms and definitions
In these general conditions of carriage, the following expressions have the meanings respectively assigned to them, except where the context otherwise requires:
- Carrier, We, Our & Us : means Darwin Airline SA, having its registered office at Via Campagna 2, 6934 Bioggio (TI), providing air transportation services that carry or undertake to carry passengers and their baggage;
- You, YourYourself : means any person, except members of the crew, carried or to be carried pursuant to a ticket (see also passenger);
- Authorized Agent : means a sales agent who has been appointed by us to represent us in the sale of our air transportation services;
- Passenger : means any person, except members of the crew, carried or to be carried in an aircraft with our consent;
- Baggage : means all the personal property accompanying the passenger with his trip. Unless otherwise specified, it includes both checked and unchecked baggage;
- Checked Baggage : means baggage of which the carrier has taken custody and for which a baggage identification tag has been issued;
- Unchecked Baggage : means hand luggage taken on board by the passenger;
- Ticket : means the confirmation of flight details, including the confirmation number, of which these general conditions form an integral part, and the boarding pass issued at check-in.
- Baggage Tag : means a document issued solely for the identification of checked baggage.
- Booking Reference Number : means the code given to the passenger by the carrier to identify each reservation made and confirmed;
- Convention : means whichever of the following applicable conventions: the Warsaw Convention for the unification of certain rules relating to International Carriage by Air signed at Warsaw on October 12th, 1929 and successive amendments, the Guadalajara Supplementary Convention of 1961 and the Montreal Convention signed on May 28th, 1999;
- Website : means the internet site www.adriaairways.ch provided by us for passengers to make online reservations;
- Call centre : means the carrier’s centre for telephone assistance that passengers can call for general flight information, for information about flight purchase or online ticket purchase, and to make date and time changes to their ticket.
- SDR – Special Drawing Right : is a unit of currency fixed by the International Monetary Fund, whose daily quotations can be found on the main daily newspapers (at the time of the entry into effect of these Conditions, 1 SDR is equivalent to approx. CHF 1.85);
- Infant : means passengers under two years of age;
- Child : means passengers more two years old but less than 12 years old.
- Adult : is a passenger older than 12 years; whereas, when referring to special assistance, Adult means passenger older than 18 years of age, who can take responsibility as escorting infants and children.
- Days : means calendar days, including all seven days of the week: except that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that, for purposes of determining a ticket’s duration of validity, the day upon which the ticket is issued or the flight commenced shall not be counted.
2. – Acceptance of present General Conditions
The ticket is evidence of a contract of carriage and forms part of the terms and conditions of this contract. The general conditions can be updated or modified by the carrier at any time. Any changes will be promptly notified by the carrier through our website.
Conditions must be examined online by the passenger or can be requested from the Call Centre before making a booking. A flight booking therefore implies full knowledge and acceptance of the same conditions. Should a booking be made online, the passenger undertakes to print and retain the present general conditions; in the same way, the passenger undertakes to print and retain the conditions after any change is made.
2.2 Charter Operations
If carriage is performed under a charter agreement, these general conditions apply only to the extent that they are incorporated by reference or otherwise on the ticket or by the charter agreement.
2.3 Overriding law
Should the terms and conditions of carriage or any part of them be inconsistent with any compulsory laws and regulations, including the Convention, which apply to the contract of carriage, those laws will apply.
2.4 Precedence of Conditions
Unless specifically stated otherwise herein, these general conditions shall prevail over any other regulations we have issued for our passenger carrying activities.
3. – Booking and ticket purchase
3.1.1 Tickets can be purchased online at www.adriaairways.ch, by calling our Call centre, through our authorized agent or through your own travel agent.
3.1.2 Bookings and payments must be made at the same time. The carrier will check that payment of the fare, taxes and applicable surcharges has been made and will then confirm the booking by giving the passenger booking reference number. If payment has not been made or has not gone through, the carrier may cancel the booking.
3.1.3 A ticket is not transferable. Only you can use your ticket for the flight concerned.
3.1.4 The carrier will send to passengers making online bookings an e-mail confirmation, including the booking reference number and all flight details.
Passengers buying tickets through an authorised agent will be given their booking reference number and all booking details by the agent.
3.1.5 In general tickets are for one class and they can be for either oneway or return fares
3.1.6 We will endeavour to honour advance seating requests; however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding the aircraft. This may be necessary for operational, safety or security reasons.
3.1.7 You can buy up to nine seats per transaction.
3.2 Personal data / Privacy protection
You recognise that personal data has been given to us for the purposes of making a reservation, buying a ticket, facilitating immigration and entry procedures and making such data available to government agencies in connection with your travel. For these purposes, you authorise us to retain and use the data and to transmit it to our own offices, to authorised agents and to government agencies.
To ensure the security of credit card information when you book online, the carrier uses the latest Secure Socket Layer (SSL) technology. SSL is currently the preferred method to securely transfer credit card and other sensitive data over the Internet. If your browser supports SSL, when making payment please select the secure mode option so that all your details are protected by this technology. If the capabilities of your browser are restricted, then you can use the non-secure mode, but the carrier recommends that you upgrade to the latest version of the browser to allow you peace of mind in further transactions.
4. – Fares, taxes and payment options
4.1.1 Fares are for transportation from the departure airport to the destination airport. Transportation between airports and/or between airports and terminals is excluded.
4.1.2 If you wish to change your itinerary or the dates of your trip, this may increase the fare.
For all bookings via Adria Airways Switzerland website,a non refundable commission of 5 CHF or EUR 5 will be applied for the payment with credit card, per passenger and per direction.
For each reservation made on all sales channels, Adria Airways Switzerland requires a contribution for CO2 emissions that will be refunded in case of unused tickets.
4.2 Taxes, fees and charges
In addition to the fare passengers have to pay for the following:
– For every ticket bought: all taxes, fixed duties and supplements imposed by the Government or other authorities (usually an airport), relative to the passengers or their luggage, or for the use of all the services provided.
– For each booking made through the Call Centre: a service charge of 30 CHF or 25 EUR, for each person and for each flight. Via web the charge is 5 CHF or 5 EUR per passenger per flight. Booking fees are not refundable. For Dusseldorf, Dresden and Leipzig 8 EUR and for UK 4 GBP.
When you buy your ticket you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the ticket has been issued.
All fares, taxes, charges and fees are payable in the currency of the country where the ticket is issued, unless another currency is indicated by us or the applicable law demands otherwise.
Online payments can be made by Visa, Eurocard/Mastercard and American Express, UATP. If you book via an authorised agent or your travel agent please ask them about their payment terms.
5. – Changes and cancellations
5.1.2 For changing the date and/or the flight time of the tickets on client’s demand the following rules are applied:
a) Economy Deal fare: no allowed changes.
b) Economy Deal, Economy Saver and Economy Classic fares: changes allowed with the payment of a penalty.
Tariff Economy Flex and Premium Economy Classic: changes are allowed until 1 hour before the departure of the flight paying a supplement and eventually positive price difference.*
c) Economy Flex: Changes allowed free of charge.
Premium Economy Flex: changes are allowed until 24 hours after the departure of the flight.
d) Tariffs combination: the rules established at the points: a, b, c are applied, considering the most restrictive applicable fare rule.
* If the fare difference is negative, the difference won’t be refunded.
5.2.1 Please keep in mind that in the case you won’t be able to check –in for the flight without informing in advance the company (no-show), it will be our faculty to cancel your bookings for the return flight or for the following destinations.
188.8.131.52 The ticket emitted for a reserved place that won’t be used without being canceled before (no show) won’t be refunded.
5.2.2 In case you want to cancel your reservation, the following rules are applied:
a) Economy Light, Economy Deal, Economy Saver: no refund allowed.
b) Economy Classic: refunds allowed with the payment of a penalty.
Tariff Economy Classic and Premium Economy Classic: refunds allowed with the payment of a penalty. The cancellation must be done at latest one 1 hour before departure of the flight (exception: in case of return flight the rule indicated at point “e” will be applied).
c) Economy Flex: free refunds.
Tariff Premium Economy Flex: free refunds. The cancellation must be done at latest 24 hours after the departure of the flight (exception: in case of return flight the rule indicated at point “e” will be applied).
d) Tariff’s combination: the rules at the points a, b, c, are applied following the most restrictive applicable rule.
e) In case of return flight tickets, if the outbound flight is cancelled, the inbound flight will be automatically cancelled too as the coupons of the flight tickets must be flown in sequence. If the flight ticket has been partially used and the ticket is a return ticket, the non – used part won’t be refunded.
6. – Check-in and boarding
6.1 Check-in and boarding
6.1.1 Passengers must arrive at the airport well in advance of their flight’s departure time, to allow completion of all check-in procedures. Check-in deadlines vary from airport to airport and are shown in our timetable, or you can contact us or our authorised agent to get them.
6.1.2 On the day they travel passengers must present to the check-in a valid passport and their booking references. To enter another country passengers must also have with them all documents required by that country’s laws.
6.1.3 It is passenger’s personal responsibility to ensure that they have valid documentation, meeting the requirements of immigration and customs authorities at every destination. Before booking their tickets passengers are asked to contact the immigration authorities of the country of destination for further clarification. Should the documents produced by a passenger be invalid or should a passenger’s name on the booking not match the name on the passport, the carrier will refuse boarding.
6.1.4 You agree to pay the applicable fare and/or penalties or fines whenever we are ordered by any Government or immigration authority to return you to your point of origin or elsewhere, due to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund fares for flights with us that you are unable to fly for these reasons.
6.1.5 You must be present at the boarding gate not later than the time specified by us when you check in.
7. – Special assistance
For any kind of assistance and for information about travel policies regarding new-born babies, disabled passengers, pregnant women or other people requiring special assistance it is necessary to contact our Call Centre at the time of booking. In the same way, passengers must contact the Call Centre to arrange carriage of bicycles, surfboards, skis and animals. Policies and procedures are subject to change without notice.
7.2.1 Infants must be accompanied by at least one adult and must be seated with the adult.
7.2.2 Children who have not yet reached their fifth birthday may only travel in the company of an adult of at least 18 years old.
7.2.3 Children between the ages of 5 and 12 can travel without adult supervision only if registered as “unaccompanied minors”. In order to better plan their journey and understand our restrictions and availabilities, it is best to contact our Call Center, as additional service fees will be charged (CHF 60/ EUR 50).
Italian children travelling out of Italy must hold an individual passport or any other photo ID for countries that accept them as valid.
For further information, we suggest you check the Polizia di Stato website.
Regulations governing the carriage of unaccompanied minors can be obtained from our Reservation Center.
7.3 Pregnant Women
– Until the week 28th a pregnant woman can fly without any medical permission.
– Starting from the week 28th until the week 36th a pregnant woman can fly only presenting a medical certificate stating that she is in good health and with the indication of the expected date of birth.
– Starting from the week 36 a pregnant woman cannot fly any more.
8. – Conduct on board
8.1 All Adria Airways Switzerland flights are non-smoking. Smoking is prohibited throughout the aircraft.
8.2 On board our aircraft passengers are not allowed to consume alcoholic beverages they have brought on board or which have been supplied by third parties.
8.3 Passengers are reminded that, in accordance with national and international laws, the flight Captain is in command of the aircraft and all the people on board shall obey his or her lawful commands. Captains have legal authority to deal with passengers who misbehave or are disruptive. If a passenger causes any damage to the carrier or to third parties by his or her behaviour, he or she will be held liable and will have to pay for any damage caused.
8.4 Electronic devices.
For safety reasons, we may prohibit or restrict the use aboard our aircraft of electronic equipment, especially cellular phones, lap tops, portable recorders/radios, CD/DVD and MP3 players, electronic games or transmitting devices, radio-controlled toys and walkie-talkies. The use of hearing aids and heart pacemakers is permitted.
9. – Refusal and limitation of carriage
9.1 refusal and limitation of carriage
We are entitled to refuse to carry you or your baggage on your journey or onward journey or cancel your booking, if:
9.1.1 such action is necessary for safety reasons or to ensure public order;
9.1.2 such action is necessary to comply with any applicable laws, regulations or provisions;
9.1.3 3 your behaviour, status or mental or physical condition is such as to:
– require special assistance from the airline, assistance the airline cannot provide or can provide only by facing disproportionate costs; or
– you cause harm or discomfort to other passengers; or
– you put the passenger, other people, the crew or property in danger;
9.1.4 the passenger has committed misconduct on a previous flight;
9.1.5 you have refused to submit to a security check;
9.1.6 you have not paid the applicable fare, taxes, fees or charges
9.1.7 you do not appear to have valid travel documents, seek to enter a country through which you may transit or for which you do not have valid travel documents, destroy your travel documents during the flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
9.1.8 you present a ticket that has been acquired unlawfully, has been purchased from other than us or our authorised agent, has been reported as lost or stolen, is a counterfeit, or cannot prove that you are the person named on the ticket.
Should a passenger be refused carriage for any of the reasons stated above or should his or her booking be cancelled for any of those reasons, he or she will receive no refund.
10. – Baggage
EXTRA BAGS SERVICE FEES TABLE
Economy Light and Economy Deal:
– No baggage included: Extra baggae available: CHF 35/€ 28 per piece max 23Kg
Economy Saver and Economy Classic:
– 1 piece per person included, max 23Kg
Economy Flex, Premium Economy Classic and Premium Economy Flex:
– 2 pieces per person, max 32Kg each
Rates for baggage within the checked baggage allowance:
DOMESTIC AND EUROPEAN FLIGHT:
|ECONOMY CLASSIC||ECONOMY FLEX||FIRST BAG FOR ECONOMY LIGHT FAMILY||Overweight||Oversized||Overweight and oversized|
|1pc MAX 23kgs
|2pc MAX 32kgs EACH
Rates for ADDITIONAL BAGGAGE
|DOMESTIC AND EUROPEAN FLIGHT:|
|Additional item of baggage||CHF 35 / EUR 28|
|Additional item of baggage oversized||CHF 70/ EUR 56|
|Additional item of baggage overweight||CHF 70/ EUR 56|
|Additional item of baggage overweight and oversized||CHF 105/ EUR 84|
10.2.1. SPORTS EQUIPMENT (SKI EQUIPMENT, SNOWBOARD, GOLF EQUIPMENT AND KITESURF – CAT D-E)
|Europe||CHF 60.00/ EUR 50.00|
|Intercontinental||CHF 110.00 / EUR 85.00|
10.2.2 BICYCLE AND SURF (CAT. A-B-C) AND ALL OTHER SPORT EQUIPMENTS
|Europe||CHF 110.00/ EUR 85.00|
|Intercontinental||CHF 220.00 / EUR 200.00|
10.3. UNACCOMPANIED MINORS (UMNR) *
|Europe||CHF 60.00 / EUR 50.00|
*If in the same pnr are travelling 2 UMs, fees are paid once. If in the same pnr are travelling 3 UMs, fees are paid twice.
10.4. PET IN CABIN (PETC)
|Europe||8kgs||CHF 70.00 / EUR 65.00 /GBP 55.00|
|Rest of the world||8kgs||CHF 110.00 / EUR 100.00|
10.4.1.ANIMAL IN HOLD (AVIH)
|Europe||CHF 120.00 / EUR 110.00|
|Rest of the world excluding US||CHF 240.00 / EUR 230.00|
|US||CHF 300.00 / EUR 280.00|
* * On S20 the AVIH is allowed ONLY in domestic flights.
10.5. WEAPON – PRIVATE CLIENT (WEAP)
|Europe||CHF 60.00 / EUR 55.00|
BC: Business Class
EC: Economy Class
PEC: Premium Economy Class
S20: Saab 2000
AT7: ATR 72-500
10.7 Items Unacceptable as Baggage
10.7.1 For safety reasons following items may not be included in your baggage:
a) items which are likely to endanger the aircraft, people or property on board the aircraft, such as those specified in the ICAO or IATA dangerous goods regulations:
- briefcases and security type attaché cases with installed alarm devices;
- disabling devices such as mace, pepper spray, etc.;
- lithium batteries and pyrotechnic material;
- explosives, munitions, fireworks and flares
- gases, such as camping gas
- flammable liquids, such as lighter fuels, paints and thinner;
- flammable solids, such as matches and articles which are easily ignited;
- oxidizing substances, such as bleaching powder and peroxides;
- poisonous and infectious substances;
- radioactive and magnetized materials;
- corrosives, such as mercury;
b) items the carriage of which is prohibited by the applicable laws, regulations or orders of any State to be flown from or to;
c) items that are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable. Information about unacceptable items is available upon request.
10.7.2 Firearms and ammunition other than for hunting and sporting purposes may not be carried as baggage. Firearms and ammunition for hunting and sporting purposes may only be carried as checked baggage and must be unloaded, with the safety catch on, and must be suitably packed. The carriage of ammunition is subject to the ICAO and IATA regulations specified in 10.3.1 a) above.
10.7.3 Your checked baggage cannot include money, jewellery, precious metals, medication, keys, computers (lap top, PC), personal electronic devices, negotiable papers, passports or other identification documents or samples.
10.7.4 If, despite the above prohibitions, any items specified in 10.3.1, 10.32 and 10.3.3 are included in your baggage, we will not be held responsible for any loss or damage to such items.
10.8 Right to refuse carriage
10.8.1 1 Subject to 10.3.2 and 10.3.3, we will refuse to carry as baggage any items described in 10.3 and, if subsequently discovered, may refuse the further carriage of them.
10.8.2 We may refuse to carry as baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
10.8.3 We may refuse to accept baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers.
10.9 Right of search
If a passenger is unwilling to comply with a request to permit a search to be made of his person or his baggage to determine the presence of articles which are inadmissible or which have not been presented in accordance with paragraph 10.3 we may refuse to carry the passenger or his baggage and, in this case, we shall be under no liability to the passenger except to refund him in accordance with Point 12.3 of these conditions of carriage.
10.10 Checked Baggage
10.10.1 We will take custody of baggage delivered to us for checking and make an appropriate entry on the ticket, which will constitute the issue of the baggage check. Baggage identification tags that may be issued by us in addition to the baggage check are for identification purposes only.
10.10.2 Checked Baggage must have your name or other personal identification affixed to it.
10.10.3 Checked baggage will, whenever possible, be carried on the same aircraft as you are, unless we decide for safety, security or operational reasons to carry it on another flight.
If your checked baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
10.11. Unchecked Baggage
10.11.1 For security and safety reasons only one piece of hand baggage per passenger (excluding infants) is allowed on board. It must not exceed 8kg weight and it must be conform to the following dimensions: lenght 56cm, width 45cm, depth 25cm. It must also fit under the seat in front of you or in an enclosed baggage locker in the aircraft’s cabin. An additional lap top is allowed.
10.11.2 In case of excessive hand luggage, especially when the flight is fully booked, a passenger’s hand luggage will be loaded in the aircraft’s cargo hold. Before boarding, the passenger is asked to leave his hand luggage in front of the aircraft; a special baggage tag will be attached and the passenger will get a receipt. On arrival at the destination the passenger will collect his hand luggage immediately after leaving the aircraft.
10.11.2 In addition to the hand baggage the following items are also allowed:
– one umbrella or one walking stick;
– one small camera, one video camera, one CD player or binoculars;
– reading material for the flight;
– baby food for consumption on board;
– one infant’s carrycot or one fully collapsible stroller/pushchair (in cargo hold);
– a fully collapsible wheelchair (in cargo hold);
– crutches or other medical equipment provided the passenger has to depend on them;
– one small bag of duty free items (average size)
10.11.3 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments, fragile objects or valuables) which do not meet the requirements in 10.7.1 can only be accepted for carriage in the cabin compartment on request and if they are properly packed and can be safely secured on a seat. The carrier can refuse such authorisation. A separate charge is payable for this service.
10.13 Collection and delivery of Checked Baggage
10.13.1 You are required to collect your checked baggage as soon as it is made available at your destination or stopover. Should you not collect it within a reasonable time, we may charge you a storage fee.
10.13.2 Checked baggage will only be delivered to the bearer of the relevant baggage check and baggage identification tag.
10.13.3 If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag – if one has been issued – we will deliver the baggage to them only on condition that he or she establishes to our satisfaction their right thereto.
10.14 Pets and Guide Dogs for impaired passengers
10.14.1 Carriage of dogs and cats is subject to the carrier’s approval. Animals must be properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit. We reserve the right to determine the manner of carriage. The number of animals that may be carried on a flight is limited to a certain number. For this reason we kindly invite you to contact our Reservation Center as soon as possible.
The maximum permitted weight, including the soft-sided leak and smell proof container, is 8 kg, and the total dimensions cannot exceed 115 cm (sum of length, height and width) and will not be included in your free baggage allowance.
10.14.2 Guide dogs for impaired passengers will be carried free of charge in addition to the normal free baggage allowance, subject to our conditions, available upon request.
10.14.3 If accepted in the cargo hold, the pet, including the container, will not be included in your free baggage allowance, but will be regarded as excess baggage for which you will have to pay the applicable fare. Only one pet will be accepted in the cargo hold.
10.14.4 Acceptance for carriage of pets or guide dogs is subject to the condition that the passenger assumes full responsibility for such a pet or dog where carriage is not subject to the liability rules of the Convention.
10.14.5 We will have no liability in respect of any such animal not having all the necessary documents for entry into or passage through any country unless such damage has been caused by our gross negligence or wilful misconduct. The passenger is liable for all damages that a pet might cause to others.
11. – Schedules, delays and cancellation of flights
11.1.1 The flight times shown in our timetable may change between the date of publication and the date you actually travel. We do not guarantee them and they do not form part of your contract with us.
11.1.2 Before we accept your booking, we will notify you of the current scheduled flight time and this will be shown on your ticket. If you provide us with contact information, we will try to notify you of any changes. If, after you purchase your ticket, we make a significant change (3 hours or more in advance or after the original schedule) to the scheduled flight time that you find unacceptable, then you will be entitled to a refund in accordance with Article 12.2 of our general conditions.
11.2 Cancellations, reroutings and delays
11.2.1 We will take all necessary steps to avoid delay in carrying you and your baggage. To prevent a flight cancellation in exceptional circumstances beyond our control, we may arrange for a flight to be operated on our behalf by another carrier and/or aircraft.
11.2.2 Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination, we shall, at your option either:
184.108.40.206 carry you at the earliest opportunity on another of our scheduled services on which space is available; or
220.127.116.11 re-route you to the destination shown on your ticket by other means of transportation chosen by us; or
18.104.22.168 make a refund in accordance with the provisions of Article 12.2.
11.2.3 If any of the events set out in Article 11.2.2, should happen, except as otherwise provided by the Convention, the options outlined in Article 22.214.171.124 to 126.96.36.199 are the sole options available to you and we shall have no further liability towards you.
11.2.4 If a Adria Airways Switzerland flight is cancelled, should a passenger refuse the suggested options, or if there are no options, the entire amount paid for the cancelled flight sector and any other unused flight sector of the booking will be refunded.
In case a passenger needs to spend a night on the place of departure, following the cancellation of the scheduled flight and he needs to wait for the day after, Adria Airways Switzerland assumes the costs of the overnight and of the breakfast in a hotel selected exclusively from the company.
A maximum of CHF 25.-/ 20 euro will be refunded for the meal, upon the presentation of a payment receipt to Adria Airways Switzerland Customer Relations service.
11.3 Compensation for overbooking
As a general policy, we do not overbook our flights, i.e. we do not issue more tickets than available seats. However, due to possible technical problems with our computerized system, such overbooking may occur. Should we have to refuse carriage as a result of such overbooking, you will receive compensation provided (a) you hold a properly-issued ticket, (b) you have paid your fares, taxes and charges relating to your reservation, and (c) you reported to check-in within the specified time.
11.3.2 Priorities in the event of overbooking
We may seek passengers prepared not to board in return of an appropriate compensation. When assigning the seats available on an overbooked flight, we will give priority to unaccompanied minors and to sick or handicapped passengers. We will assign seats to the remaining passengers in the order in which they checked in for the flight, subject to other non-discriminatory criteria or legitimate reason.
12. – Refunds
We will refund a ticket or any unused portion, in accordance with the applicable fare rules or tariff, as follows:
12.1.1 Except as otherwise provided in this Article, we will make a refund either to the person named on the ticket or to the person who has paid for the ticket, upon presentation of satisfactory proof of payment.
12.1.2 2 If a ticket has been paid for by a person other than the passenger named on it and the ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the ticket, or to that person’s order.
12.2 Involuntary refunds
12.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule or fail to stop at your destination, the amount of the refund shall be:
188.8.131.52 if no portion of the ticket has been used, an amount equal to the fare paid;
184.108.40.206 if a portion of the ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used;
12.2.2 Only the carrier that originally issued the ticket will make involuntary refunds.
12.3 Voluntary refunds
12.3.1 If you are entitled to a refund of your payment for reasons other than those set out in 12.2., the amount of the refund shall be:
220.127.116.11 if no portion of the ticket has been used, an amount equal to the fare paid less the applicable fee as per paragraph 5.2.2;
18.104.22.168 If a part of the ticket was not used, no refund will be allowed for unused part as it is a return fare ticket.
12.3.2 Only the carrier that originally issued the ticket or its authorised agent will make a voluntary refund.
12.4 Refusal of refunds
12.4.1 We may refuse a refund when application is made after the expiry of a ticket’s validity.
12.4.2 We may refuse a refund on a ticket which has been presented to us, or to Government officials, as evidence of intention to depart from a country unless you satisfactorily establish that you have permission to remain in that country or that you will depart from that country by another means.
12.5 Refunds to credit card accounts
A refund due to tickets paid for with a credit card can only be credited to the credit card account originally used for purchase of the ticket. The refundable amount to be paid by us will be in accordance with the rules within this Article, on the basis of the amount and the currency entered on the ticket. Due to differences in conversion or exchange rates the refundable amount may vary from the originally debited amount. Such variances do not entitle the recipient of the refund to a claim against us.
13. – Liability for Damage
13.1.1 The liability of Adria Airways Switzerland will be determined by its own Conditions of Carriage.
13.1.2 Unless otherwise stated herein, the liability rules of the Convention shall apply.
13.1.3 If your carriage is not subject to the liability rules of the Convention, the provisions of Swiss law shall apply. The following provisions shall also apply:
13.1.4 Any liability we have for damage will be reduced or will be excluded in accordance with applicable law by any negligence on your part which causes or contributes to the damage in accordance with applicable law.
13.1.5 We are liable only for damage occurring on our own flights.
13.1.6 are not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from the failure of the passenger to comply with these.
13.1.7 Under no circumstances will our liability exceed the amount of proven damages. We are only liable for indirect or consequential damages when such damage was caused by our gross negligence or wilful misconduct; the provisions of the Convention shall continue to be applicable without change.
13.1.8 We are not liable for any illness, injury, disability or death attributable to an existing physical condition or for any deterioration of such condition.
13.1.9 A passenger for whom carriage may be dangerous for one of these reasons is obliged to inform us in advance so that we can check whether, and under what conditions, carriage may be effected without endangering that person’s health.
13.1.10 Any exclusion or limitation of liability shall apply to and be for the benefit of our agents, servants and representatives and any company whose aircraft is used by us and such company’s agents, servants and representatives. The aggregate amount recoverable from us and from such agents, servants, representatives and persons shall not exceed the amount of our limit of liability.
13.1.11 Unless expressly provided, nothing contained herein shall waive any exclusion or limitation of liability by us under the Convention or applicable laws.
13.2 Damage to baggage and delay of baggage
13.2.1 We are liable for damage to checked baggage and for delay of baggage, in accordance with the Convention. We are only liable for damage to unchecked baggage if this damage has been caused by our negligence.
13.2.2 In the case of damage to checked baggage, or its delay, our liability will be limited to a maximum of 19 SDRs per kilo; and in the case of damage to unchecked baggage our liability will be limited to a maximum of 332 SDRs per passenger. If other liability limits are specified by applicable law, these will apply. If we are liable in accordance with the Montreal Convention, our liability for checked and unchecked baggage and for damage and/or delay of checked baggage will be limited to 1,131 SDRs per passenger.
13.2.3 The limits specified in 13.2.2 with respect to Warsaw Convention/Hague Protocol do not apply if we caused the damage intentionally or recklessly and in the knowledge that such damage would probably result.
13.2.4 In cases where the weight of a baggage item was not recorded when it was checked in, we will assume that the total weight of the checked baggage did not exceed the free baggage allowance. If you declared the items in writing to be more valuable than the equivalent of 19 SDRs per kilo when checking it in and you paid the appropriate additional fee, we will be liable for any damage to this item up to the higher amount declared.
13.2.5 We are not liable for damage to a passenger’s baggage caused by property contained in the passenger’s baggage unless we caused the damage by gross negligence or wilful misconduct. Any passenger whose property causes damage to another passenger’s baggage or to our property shall indemnify us for all losses and expenses incurred by us as a result thereof.
13.2.6 We are not liable for any damage to items which cannot be surrendered as checked baggage, in accordance with 10.3 above, including fragile or perishable goods or particularly valuable items such as money, jewellery, precious metals, medication, keys, computer (lap top, PC), personal electronic devices, securities or other valuables, business documents, passports and other identification papers or samples.
13.3 Personal damage or injury
The liability of Adria Airways Switzerland in respect to each passenger for death, wounding or other bodily injury is subject to:
13.3.1 International carriage as defined by the Convention;
13.3.2 EU decree 2027/97;
13.3.3 According to Adria Airways Switzerland’s conditions of carriage;
13.3.4 In the case of death, wounding or other bodily injury of a passenger Adria Airways Switzerland shall:
22.214.171.124 not invoke the limitation of liability according to Article 22(1) of the Convention or national air law
126.96.36.199 not avail itself of any defence under Article 20 & 21(1) of the Convention or other national law with respect to that portion of such claim which does not exceed 113.100 Special Drawing Rights (SDR).
13.3.5 In case of accident causing death, wounding or other bodily injury of a passenger the carrier shall without delay, and in any event not later than 15 days after the identity of the person entitled to compensation has been established, make an advance payment as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the event of death the advance payment shall not be less than the equivalent in Euro of 16,000 SDRs per passenger.
13.3.6 The advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of the liability of the carrier. The advance payment is non-returnable, except where it is subsequently proven that the person who received it caused or contributed to the damage by negligence or was not the person entitled to compensation.
13.4 Liability in the case of delay
If we are liable in accordance with the Montreal Convention, and if we are liable for your delay, our liability will be limited to 4,694 SDRs per passenger in accordance with the Convention. Please note that if there is a delay Article 11 of these general conditions may also apply.
14. – Time Limitation on claims and actions
14.1 Notice of claims
14.1.1 If you unconditionally accept the baggage delivered to you we will take it for granted, so long as the opposite not proven, that it was delivered to you in good condition and according to the contract of carriage.
14.1.2 If baggage is damaged no action shall follow unless the person entitled to delivery complains to us immediately after the discovery of the damage; and, for international air travel, within seven (7) days from the date of receipt; and in the case of any damage resulting from delay, unless the complaint is made at the latest within twenty-one (21) days from the date on which the baggage was placed at his disposal. Every complaint must be made in writing, within the stated times.
14.2 Limitation of actions
Any right to damages shall be forfeited if an action is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court to which the case is assigned.
15. – Applicable law
Unless otherwise provided by the Convention or any applicable law, this contract of carriage and its associated legal provisions are subject to Swiss law.
Place of jurisdiction: Any dispute related to this agreement will be subject to the exclusive jurisdiction of the court of justice of Lugano.
16. – Other conditions
Carriage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions, which may vary from time to time, are important. They concern, among other things, the carriage of unaccompanied minors, pregnant women and sick passengers, restrictions on use of electronic devices and items, and the on-board consumption of alcoholic beverages.
These regulations and conditions are available from us upon request.
17. – Interpretation
The title of each Article of these conditions of carriage is for convenience only, and may not be used for the interpretation of the text.
Adria Airways Switzerland takes every care in the quality of the translation of its terms and conditions and of the information provided on the website www.adriaairways.ch. However, in case of any discrepancy, the Italian version of these terms and conditions will prevail. These conditions were approved on August 4th, 2004 by the Swiss Federal Office for Civil Aviation in accordance with Article 4 of the Swiss Regulation on Carriage by Air.
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