Article 1: Definitions

As you read these Condition of Carriage, please note that:

“FlyOn Air” is the trademark held from Sinclair S.r.l. having its principal office in Pescara, Via Tiburtina Valeria lm 229,100 in Abruzzo Airport which sells the flights published on the websites: www.flyonair.it, www.flyonair.co.uk, www.flyonair.de, www.flyonair.be, www.flyonair.es, www.flyonair.pl, www.flyonair.ro
“Carrier” is the Airline that operates the flight;
“Passenger” is the person, except members of crew, carried or to be carried in an aircraft with FlyOnAir consent;

Article 2: Applicability
2.1 General
Except as provided in Paragraphs 2.3 and 2.4 of this Article, the present Carriage Conditions are applicable to all owners of a travel ticket issued by FlyOnAir.
2.2 Laws of priority
Whether these Carriage Conditions or part of these should be not compliant with any law (or with the Convention) applicable to Ait Transport, those laws will be deemed valid.

Article 3: Acceptance of the present General Carriage Conditions
3.1 Present travel conditions have to be read on line by passengers or can be provided by the Call Center or by Airport ticket desks or by travel agencies before proceeding with purchase, therefore it implies the total knowledge of them and their total acceptance by the final customer.
3.2 Conditions update: The present Travel Conditions can be updated or modified at any time by FlyOnAir, that will provide to immediately inform through its web site all who may concern.

Article 4: Tickets
4.1 General
To be allowed to board the aircraft the passenger must show a valid identity document (ID Card or Passport as applicable) and the confirmation code of the e-ticket.
4.2 FlyOnAir tickets are not refundable.
4.3 Ticket can’t be transferred to others, except as provided in Paragraph 7.2. 
4.4 Ticket is valid only for travel at the shown dates. Changes are possible as provided at 7.2.
4.5 The airline operating the flight is shown on the ticket.
4.6 In case of flight with intermediate stop, the ticket will show the airline operating each part of the travel.

Article 5: Booking and ticket purchase

5.1 Ticket can be puchased on any of FlyOnAir websites or through FlyOnAir Call Centre, or at the Airports ticket desks or through the newtork of partner Travel Agents.
Call Centre can be reached at the following numbers:
from Italy: 899.199.022 only for mobile phones at a cost of 0,62 eur/minute while from fixed line at the 895.895.0822 (the costs varies depending on the phone carrier), maximum cost 0,15 eur at each answer and 0,96 eur per each minute of conversation.
Call Centre opening hours: from monday to friday 9:00 - 13:00, and from 14:00 to 18:00 and Saturday from 9:00 to 13:00.
At the moment of purchasing the ticket, the payer shall declare his own identity data as well as the names of the passengers and their phone numbers during the travel. Flyonair shall not be responsible toward the passengers for any jeopardizing event deriving from the lack or incorrect information provided during the confirmation of the ticket. 
5.2 Payment methods
Payment for online purchase or through call centre can be done with credit cards (VISA or Master Card). At the ticket desk puchase can be done with credit cards, with ATM, and cash. Airport ticket desks and travel agents apply their own policy.
5.3 Privacy and Security
Customer privacy and security is granted by the Secure Code System and Verified by VISA system.
5.4 Purchase of ticket is made at the same time as booking. FlyOnAir once verified that payment is successfully completed confirms the booking communicating to the passenger the Confirmation Code. If puchase transaction is not completed successfully, FlyOnAir may cancel the booking.
5.5 FlyOnAir will verify the correct transaction and communicate throught the booking web process and through e-mail all the relevant information required to travel. In case of puchase at airport ticket desks or at travel agencies, these will print out the e-ticket with the confirmation code and together with the present travel conditions and hand these over to the customer.
5.6 Tickets can be purchsed on line up to 3 hours before flight departure. Through call centre and at airport ticket desks up to 1 hour before flight departure.

Article 6:

Purchases

6.1 Purchases and Requirement

Flight purchase is confirmed by emission of a Confirmation Code.

6.2 Change of name

You can change passengers’ names with a fee of 50 euros per passenger till and not after 24 hours before that flight (excluded Saturday afternoon, Sunday and Holiday days).

Passengers could make changes through:

Flight dates change

Date/s of flight could be changed according to availability and after payment of a penal. Passengers can change reservation paying a penal of 50 euro per passenger and per trip, plus the difference between previous fare and available fare at the moment of the change. If new price is lower than the first one, it isn’t possible a refund.

Passengers can make the change till 24 hours before the departure flight (excluded Saturday afternoon, Sunday and Holiday days) through:

6.3 Payment

Fares and all taxes have to be paid at the moment of the purchase.

6.4 Assignation places

It isn’t possible to guarantee particular places in the aircraft. Company can award places in every moment, also after the check-in. It could be necessary for operative, security or health reasons.

6.5 Not refunding fares

Except as established of Art. 10.2 e 11.1 all payments can’t be refunded.

6.6 Flights in coincidence

On Air sells only fares called “point to point” and makes exclusively links from an airport to other airport; it doesn’tallow flights in coincidence and it doesn’t assume responsibility about eventual lost coincidences.

Article 7:

Check-in and Administrative formalities

7.1 Check-in closing

Passenger has to go to the check-in desk of the airport 2 hours before the flight for check-in procedures. Check-in desk of the Air Company, that make that  International flights, opens 2 hours before the foreseen departure and closes 40 minutes before foreseen departure time while National Flights opens opens 1.30 minutes before departure and closes 25 minutes before foreseen departure time. Check-in closing can change in different airports and for each flight. If passenger goes to the check-in after time limit, or he hasn’t necessary documents, Company can refuse his boarding and will be not responsible for eventual damages. Company and On Air can cancel reservation if Passenger doesn’t go to the check-in desk according to rules indicated for it. It is necessary to be present to the boarding according to indications at the moment of check-in. The lack of Passenger to the check-in moment determine cancellation of his reserved place.

7.2 Check-in requirements

It is necessary to make the check-in 2 hours before for International Flights while for National Flights to make the ckeck-in 1.30 hours before  the boarding time with all information about his own flight and the identity document. This includes the confirmation code and a valid identity document with photograph.

Administrative formalities

7.3.1 Passenger is responsible for all visas and travel documents for implementation of laws, rules, orders and requests of various countries he goes to, leaves from or flies above.

7.3.2 Every passenger is responsible for observing all legal provisions pertinent to undertaking the journey (e.g. passport, visa and health regulations, including those regarding accompanying pets) as well as for ensuring that the travel documents are complete. In the event of non-compliance, the Airline is entitled to refuse carriage and to charge the passenger for all resultant costs and damages.
Company is not responsible for the consequences passengers get involved in, because ofthe non-obtaining of documents and visas which don’t fulfil laws, rules, orders and requests or instructions.

7.3.3 If entrance in any country is denied, Passenger is responsible for payment of a penalty fare fixed by the concerned Government and the transport costs from that country. The amount paid for transport from the place where this is denied won’t be refund.

7.3.4 If requested, baggage could be checked at the Custom or by other Public officers. Company won’t be considered responsible to the Passenger for any loss or damage caused during the inspection or for not having fulfil this requirements.

7.3.5 Passenger will have to undergo all checking procedures made by the Carrier or the Government, the airport officers and the transport operators.

Article 8:

Limits and denial of transport

Right to deny transport

Company can refuse to transport a Passenger and his baggage for security reasons or if the Carrier determines what follows:

i) this requires a special assistance (except for what is said in the Article 8.2)

ii) this causes danger, disease or objection by other passengers or crew members; or

iii) this puts in danger the safety of the Passenger or other persons or properties, or

ii)they have been previously declared lost or stolen;

iii)they result counterfeit

iv)they have been altered

j)The person who goes to the check-in or to the boarding can not demonstrate he is the person mentioned as the passenger on the ticket;

k)If the instructions about security aren’t respected.

Whether the Carrier denies transport (with a reasonable motivation as explained in this article 8.1) because of one of the points above, the remaining part of the ticket will be cancelled; thus there will be no right to another transport or to be refund for the sector involved in the ticket. The Carrier won’t be responsible for damages caused by this refuse to transport.

8.2Limits of transport

» Passengers with special needs
Before making the reservation, passengers with special needs must inform the On Air Call Center (see art.1) and require confirmation of a correct accommodation on the flight.

Passengers with special needs won’t be allowed to take place on the emergency seat row of the flight. On Air will not accept passengers whose level of disability requires the presence of a person to assist them, except when this person accompanies the passenger.

Wheelchairs
The airline company will accept passengers with wheelchairs only if previously requested to the On Air call center (see art.1) before booking the flight or by compiling the special sector on the web page. In addition to normal wheelchairs, engineered ones with sealed batteries will be accepted.

Guide dogs
On Air can accept, where it is allowed, guide dogs for blind passengers. The transport of guide dogs is subordinate to the obligation of declaration to the CallCenter at the moment of reservation and it is subject to confirmation by the Company.

» Children or minors unaccompanied
On Air accepts minors between 5 and 12 years unaccompanied or accompanied by adults older than 16 years, after communication to the On Air Call Center. The unaccompanied child must have a written authorisation by his parents and successive authorisation by the Company.

Passengers between 16 and 18 years incomplete can travel alone if fitted with documents valid for travel and complete authorisation written by his parents in order to leave the country or the nation. It is suggested to contact directly the SinclairCallCenter to receive further information (see Art. 1)

During the travel children must always keep the authorisation with them. This will not be necessary whether they would have a valid individual passport.

Infants under 2 years (calculated at the date of travel) don’t pay any boarding charge, and seat on the legs of the parent who accompanies them. More than one infant per person (who accompanies) is not allowed. Infants under two weeks are not accepted on board.

The person who accompanies is responsible to assure that the child seat belts are correctly fasten.

» Pregnant women
Pregnant women until 28 weeks are accepted on board without medical certificate, but with the obligation to sign a document which declares their pregnancy does not exceed 28 weeks.

Between 28 and 36 weeks a medical certificate is necessary to attest good health condition and to indicate the birth date foreseen for the baby.

Pregnant women are obliged to inform On Air about their condition at the moment of the reservation.

Pregnant women whose pregnancy exceeds 36 weeks are not accepted on board anyway.

Article 9:

Baggage

9.1 Items unacceptable as baggage

a)It’s not possible to insert in the baggage:

i) items not classifiable as baggage as defined in article 1;

ii)items which could damage the airplane or people on board, as specified by norms ICAO and IATA

iii) items whose transport is prohibited by laws or ordinances in the country of destination, departure or overflight;

iv) items that the Company considers unfit for transport because of their weight, size or typology as fragile or dangerous items;

v)living animals, except for what is foreseen in paragraph 9 of this article;

vi)human rests;

vii) according to security reasons, objects listed hereinafter cannot be inserted in the baggage:

b)Transport of firearms and collection arms is prohibited;

c) It is not permitted to include in the registered luggage any item of value, fragile or dangerous or deteriorating items, money etc…

d) Transport of any item mentioned in points a), b) of this paragraph, which is transported even if it is prohibited, will be subject to other debits, limits of responsibility and some other procedures according to Transport Conditions about the transport of Baggage. If although their interdiction items mentioned hereinabove in points a), b), c) will be found into the passenger baggage, the Company won’t be considered responsible in case of theft, loss or damage.

e)Making exception for acts of omission made by the Carrier, by his dependants or agents, in order to cause Damage, or with the consciousness that a Damage could derive from this behaviours, the responsibility in case of Damage to Baggage will be imputed to the Company;

f)Exclusions and prohibitions hereinabove don’t include items and products necessary to the passenger according to his health condition, unless they are placed on the passenger at the moment of boarding, or they are contained in his hand baggage, and in each case they have to be strictly necessary to the passenger for or during the transport.

9.2 Rightto refuse a baggage

a) Air Company could refuse to transport as baggage the articles described in Art. 9.1

b) Air Company could refuse to transport any article considered unsuitable for its measure, shape, weight, contents, type or for security and operative reasons or for discomfort of other passengers.

c) Air Company could refuse to accept as baggage not well packed goods in bags or in appropriate containers.

9.3 Right to inspect passengers and baggage

a) For security reasons the Company could ask a X rays or other kind control of the Passenger and his baggage, also when he is absent because he’s not available, to determine if he has or his baggage contains items described in Art. 9.1 or any items or ammunitions whichhave not been presented as established in Art. 9.1. If these requests are not accepted, the Company could refuse, without refund or other responsibilities, transport of baggage or passenger. If this research causes damage to the Passenger or his baggage, the Company is not responsible, except in the case of its mistake or carelessness.

b) On request of Duty or Government staff, the inspection of baggage could be requested. In that case, Company isn’t responsible for eventual loss or damages, except in the case of its carelessness.

9.4 Hand baggage

On Cabin: It is possible to transport a baggage whose maximum dimensions are 55x40x20 and with a maximum weight of 5 kilos. (See art. 9.6). Payment of excess can only be made Cash and by Credit card. Mobile PC and business bags are considered like hand baggage.

9.5 Baggage in excess

It is permitted to transport a baggage per passenger which has a maximum weight of 15 kilos. It will have a tag and will be put it in holding.

Payment of excess can only be made Cash or by Credit card.

Infants:

Infant has right to the transport of a pushchair or a light carriage or a mobile cradle to arrange in the holding like a checked baggage or in cabin, like an hand baggage, only if it can be put in cabin, with food and objects necessary during the trip.

Pets: Their transport is always in excess and consequently it is subject to payment of a tax; maximum weight 5 kilos, included the cage. Pets transport must be absolutely declared at the moment of reservation through Call center and have to be confirmed by Air Company.

The following sporting equipments have always a fixed rate of €25,00
Sub-equipment ( empty cylinder, sub mask with nozzle, ballast weight, fins);
Bicycles;
Golf bag;
Surf, windsurf;
Ski-equipment ( ski, ski boots, ski pole)
Musical instruments in their appropriate care custody ( dimension 100 cm)
Payment ofitems not included in the normal exemption of baggage could only be made Cash or by Credit card.

9.6 Baggage collection and sending

(a) It is possible to retake baggage as soon as it will be available in arrival place or port of call. If it isn’t taken in time, the Company could debit additional costs for deposit. If checked baggage isn’t requested within 3 months since it was available, the Company could arrange it without any responsibility towards passenger.
(b) Only the owner of Baggage Identification Band, given to the passenger at the moment of
the check-in procedures, could collect the baggage.
(c) Eventual damage of baggage has to be declared before leaving arrival gate.

9.7 Human rests

Human rests can’t be transported in any flight.

Article 10:

Flight reservation, cancellation

Reservations

10.1 The Company will work hard to transport Passengers and their baggage without delay, except for article 10.2, to respect flight time published on departure date. Flights indicated on timetables or elsewhere aren’t guaranteed and are not included in Carriage Conditions.

10.2In any moment, after ticket purchase, Company could change reservations and/or cancel, end, postpone, deviate flights when it is necessary for reasons which cannot be controlled or for security reasons. When it is necessary:

(b) in case of cancellation, it is possible to refund tickets according to Article 11

(c) in case of deviation, a transport will be organized (charged to Air Company) towards previously accorded place or destination place where flight had to be directed to.

(d) in case of delay it will be valid what is in the Rights of Passenger Chart;

10.3 When there is a significant cancellation or alteration of reservation before departure date, the Company has to inform about cancellation or variations.

Article 11:

Refunds

11.1 Refunds for flight cancellation

In case of flight cancellation, and without consent by passengers about proposed alternatives on Air Company flights or without alternatives, total amount paid for cancelled flight or eventual return flight will be refund without any responsibility or compensation of expenses for supplied assistance (meals, hotels, etc..)

11.2 Person to whom ticket will be refund

(a) Refund will be only made to the person who had paid ticket, or to the person who had made it for himself. It is possible that he has to show a satisfactory proof of original payment.

(b) Refund will be made to the person who shows the ticket or any other document about transport given by the Company and which is considered a person to whom refund can be made as established in point (a).

Article 12:

Behaviour on board

12.1 If behaviour of a passenger on board causes damage to aircraft or to other people or property on board, or obstruct the practice of their rights, or it isn’t adequate to instructions given by the crew or threatening, insult, abuse words towards crew are used, or a passenger behaves as mentioned before, or in an untidy or unacceptable manner, objectionable by other passengers, the Company could take necessary measures in order to prevent such behaviour; It includes abbreviation or cancellation of his flight. It is also possible to make a denunciation for offences on board of aircraft.

12.2 Unless there is a permission or express agreement, it isn’t permitted for security reasons to use electronic equipment or other similar dispositiveexcept dispositive for hearing or pacemakers. Equipment and dispositive forbidden to be used (but allowed to be transported), radios and mobile recorders, mobile phones, mobile PC, CD, DVD, and MP3 readers, electronic games or transmitting dispositive (which include games radio or walkie-talkies).

Article 13:

Aircraft organisation

13.1 If during the conclusion ofthe air transport contract some other accords will be taken in order to obtain further services, they will be made as agents and for these accords the Company has no responsibilities towards Passengers.

Article 14:

Time limit, complaints and legal acts

14.1 Complaints

No legal act is possible towards Air Company in case of damage to checked-in baggage ( damage, tampering, total or partial loss, removal, delay on terms of delivery, etc..), if passenger, who should receive it, didn’t protest irregularity of Company.

Objections have to be made by written document that is a presentation of complaint, within the following terms of decadence:

1) Immediately or within 24 hours after the date of delivery reportin case of damage or evident tampering;

2) Immediately after discovery of damage, and however within 7 days from the date of delivery of baggage in case of occult damage or tampering;

3) Twenty-one days from the date when delivery had to be made in case of loss, also partial, or delay.

If objection is not right, any legal act won’t be admitted.

Article 15:

Personal data treatment

15.1 On Air protects Customers’ discretion and considers seriously its own responsibilities towards the security of information given by customers.

a) All of Passenger’s personal data will be used by Sinclair and they will be treated as established by Law 196/2003. In order to make flight reservations, On Air needs some information about Customers. It includes name, address, telephone number, e-mail address, number and expiration date of credit card. It is also necessary to know the names of other passengers included in the same ticket. Collected information allows to make the reservation and to send a confirmation by e-mail. Telephone number is required to have the possibility to contact Passenger in case of problems with the reservation. Information memorized in the web system could be used by On Air to communicate new services or offers to its own Customers.

b) The Customer could exercise his own rights as established by Art.7 Law 196/2003. In the following part an extract from Art.7 Law 196/2003 is shown, which allows the customer to:

- obtain the confirmation of the existence of his personal data, also without registration, and understandable communication of the same data and its origin, and also of the finalities and modalities of treatment and of the logic used in case of electronic treatment;

- obtain cancellation, transformation in anonymous form or blockage of data whose preservation is not necessary according to the aims which data have been collected for;

- obtain updating, rectification and integration of his own data;

- oppose, totally or partially, for legitimate reasons, to treatment of personal data, even if they are pertinent to the aim of collecting.

To obtain cancellation of personal data, it is necessary to send a written communication by fax, e-mail or postal mean to Air Company Centre.

c) On Air doesn’t sell, hand over and hire Customers’ personal information. Information about passengers are never communicated to anybody or any organisation without the consent of the interested people, except in case of emergency or if law obliges to give such information.

15.2 Manager of collecting and treatment of personal data: Sinclair S.r.l. – Via Tiburtina Valeria km 229,100- 65131 Pescara (Pe), e-mail: info@flyonair.it.