GENERAL TERMS AND CONDITIONS OF CONTRACT ALIPARMA SRL
For the purposes of this contract:
I. “Aliparma” shall mean Aliparma srl, with registered office situated in Parma, Via Adorni, No.1;
II. "transport” shall mean the "air transport" envisaged by this contract and agreed to between the carrier and the passenger;
III. “carrier” shall mean all the contractual or de facto air carriers, that transport or undertake to transport the passenger and his luggage on the basis of the confirmation document;
IV. “luggage” shall mean all the goods in the passengers' possession, used or held in relation to the journey;
V . “confirmation document” shall mean the document confirming the reservation of all or part of the aircraft;
VI. "the Warsaw Convention" shall mean the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12th of October 1929, as well as the Warsaw Convention as amended by the Protocol signed in the Hague on 28th of September 1955, the Guadalajara Convention of 18th of September 1961, which supplements the Warsaw Convention and Protocols Nos. 1, 2 and 4 adopted in Montreal on 25th of September 1975 that amend the Warsaw Convention, as amended by the Hague Protocol, whichever of these may be applicable;
VII. "the Montreal Convention" of 1999 shall mean the Convention on the liability of air carriers, signed in Montreal on 28th of May 1999, which came into effect for the European Community on 28th of June 2004;
VIII. "Regulation 2027/97" shall mean the Council Regulation (EC) No. 2027/97 dated 9th of October 1997, on the liability of the air carrier with reference to the air transport of passengers and their luggage;
IX. "Regulation 889/2002" shall mean the Regulation (EC) No. 889/2002 of the European Parliament and Council dated 13th of May 2002, which
REGISTERED OFF.: VIA A. M. ADORNI, 1 TEL. 0521 202313 FAX 0521.207461 43100 PARMA OPERATING BASE: PARMA AIRPORT VIA DELL’ AEROPORTO 44/A 43010 FONTANA – PARMA OPERATING OFFICE TEL. 0521.982711/944668 FAX 0521.944668/982694 TECHNICAL OFF.: TEL. 0521.982694 FAX 0521.982694
FULLY PAID-UP SHARE CAPITAL € 520.000 FISCAL CODE & VAT NO. 01537310342 PARMA REG. OF COMPANIES 16623 PARMA ADMIN. & ECONOMIC INDEX (R.E.A.) 161039
amended Regulation (EC) No. 2027/97 on the liability of the air carrier in
the event of accident;
X. “Carrier's address”, in the absence of any indication to the contrary, shall
mean the address specified in the confirmation document;
XI. "Special Drawings Right, (DSP) " shall mean a unit of measurement fixed by the International Monetary Fund, the listing for which can be checked
XII. “rental” shall mean the act of making available all or part of the aircraft
without the crew;
XIII. “charter” shall mean the act of making available all or part of the aircraft
with the crew;
XIV. "captain" shall mean the captain of the aircraft.
Clause 1 APPLICABLE LAWS
The transport is governed by the rules and limitations on the subject of liability as provided for by the Montreal Convention of 1999, Regulation (EC) No. 2029/97 as amended by Regulation (EC) No. 889/2002 and, whenever these are not applicable, by the Warsaw Convention and the other applicable laws. In addition, air transport within Italy is governed by the provisions of the Italian Navigation Code.
Whenever the transport is carried out on the basis of a charter or rental contract, these terms and conditions shall only apply to the extent that they are expressly referred to in the charter or rental contract, or in the confirmation document.
Clause 2 BOOKINGS AND CONFIRMATION DOCUMENT
A booking for a specific time in respect of the availability of an aircraft (hours of flight/number of passengers) shall be confirmed by Aliparma faxing a form containing the information relative to the journey.
Such form, known as the confirmation document, constitutes the entitlement to travel.
The time of availability of the aircraft and the number of persons entitled to it, once confirmed, may not be amended.
Nevertheless, the names of the persons entitled to board the craft may be changed before check-in, subject to payment of any surcharge for each change.
Clause 3 TARIFFS
The tariffs apply in relation to the time that the craft is made available (wet or dry) and according to the flight time within the global time specified.
Clause 4 LUGGAGE
Insofar as luggage is concerned, Italian domestic law and/or uniform international law governing the matter, including the rules applicable to lost, damaged or destroyed baggage, shall be applicable.
Clause 5 SCHEDULES AND CANCELLATIONS
Aliparma shall take all possible steps to adhere to the flight times that may have been requested and agreed upon.
Clause 6 CONDUCT ON BOARD THE AIRCRAFT
The passenger shall, under his sole responsibility, observe all the laws, regulations, provisions, requests and the terms and conditions in respect of the journey applicable in the departure, transit or destination nation, as well as the instructions and directions of the carrier.
Clause 7 REFUSAL OF PERMISSION TO BOARD
If a passenger by reason of his behaviour on board, puts the aircraft, or the persons or property being transported in danger or creates an obstacle to the performance of the flight or related operations, the carrier shall be entitled to take any steps that it deems necessary to prevent or avoid the continuance of such behaviour, including landing and the adoption of any penalizing measures.
Clause 8 AMENDMENTS TO THE CONTRACT
No agent, assistant, employee, person in charge or representative of the carrier has the power to replace, amend or cancel the provisions of these terms and conditions of contract
Clause 9 CARRIER'S LIABILITY WITH REFERENCE TO THE PASSENGER
Compensation in the event of death or injury
In accordance with the provisions of the Montreal Convention of 1999, as well as Regulation (EC) 2027/97, as amended by Regulation (EC) 889/2002, the carrier's liability in the event of death or injury to the passenger is regulated as follows:
There are no pecuniary limits to liability in the event of the passenger’s injury or death. For damages up to 100000 DSP (equivalent to about € 120,000) the aircraft carrier shall not be entitled to dispute the claim for compensation. In excess of that amount the aircraft carrier may dispute a claim for compensation only if it is able to prove that the damages cannot be attributed to it.
In the event of a passenger’s injury or death, the carrier shall pay within 15 days of having identified the person entitled to compensation, an advance payment in order to allow such person to meet his immediate financial needs. In the event of death, the advance shall not be less than a sum of 16000 DSP (equal to approximately €19,300).
Liability of the contracting carrier and the de facto carrier
If the aircraft carrier that operates the flight is not the contracting aircraft carrier, the passenger shall be entitled to bring a request or claim for damages against both.
Agents, assistants, employees, persons in charge and representatives
To the extent not provided for by Regulation (EC) No.2027/97, every exclusion or limitation of liability of the carrier shall apply to the agents, assistants, employees, persons in charge and representatives of the carrier and to any natural or legal person whose aircrafts are used by the carrier for the transport, as well as to the agents, employees, representatives and persons in charge of the said natural or legal persons.
Time limit for the action for damages
Legal action shall be instituted within two years of the date of arrival or the date on which the flight should have arrived.
Clause 10 PRIVACY PROVISIONS in terms of section 13 of Legislative Decree 196/2003
Privacy Statement Purpose and method of the treatment.
The data that has already been acquired by Aliparma S.r.l. or that shall hereinafter be communicated or acquired, shall be used for the sole purpose of fulfilling contractual, accounting and administrative obligations provided for by law; consequently, express consent shall not be requested of the Data Subject in terms of section 24, letter B) of Legislative Decree 196/2003.
Such data shall be processed in part using hard copies and in part with electronic instruments in compliance with the safety measures provided in Legislative Decree 196/2003 referred to above, and the processing shall be characterised by principles of propriety, lawfulness and transparency to ensure confidentiality and protection of the Data Subject's rights.
Obligatory nature and consequences of refusal to provide the data.
The provision of the data is obligatory. The absence of important data for the purposes of the proper or complete performance of the activities may make it more difficult, more costly and in certain instances, impossible for Aliparma S.r.l. to perform its function.
If it becomes necessary to acquire information or data from third parties to carry out the activity and should this require the Data Subject’s consent, it shall be the Data Subject's responsibility to obtain such
consent in order to permit the correct performance of Aliparma S.r.l.’s appointment.
Persons to whom the data may be communicated - scope of diffusion. The data shall not be communicated abroad except to persons, bodies and entities that carry out surveillance functions in respect of Aliparma S.r.l or companies, including foreign companies, controlled by or associated with it and save in the case of requests coming from authorities or persons who are authorised to access such data in terms of the law or subordinate or Community regulations, including but not limited to: mail distribution companies, banks and financial credit institutions, insurance companies, debt collection companies or factoring houses, legal and professional offices and agents.
Data Controller and persons in charge of the processing.
The Data Controller is Aliparma S.r.l., with registered offices situated in Parma, Via A.M. Adorni, 1 and the Data Processor is Protechta S.r.l. with registered office situated in Parma, Via A.M. Adorni 1. Any subsequent changes to the Data Controller and/or Processor shall be made known by placing the information on the applicable section of Impresa Pizzarotti & C. S.p.A.'s website: www.pizzarotti.it; the individual may also obtain further information by writing to the e- mail address: email@example.com
Rights of the Data Subject:
In relation to current processing of personal data in terms of section 7:
1.The Data Subject shall be entitled to obtain confirmation of the existence or otherwise of personal data which relates to him, even if it has not yet been registered, and its communication in an intelligible form.
2. The Data Subject shall be entitled to obtain information:
- a) as to the source of the personal data;
- b) of the purpose and method of the processing;
- c) of the logic applied in the case of processing effected using electronicinstruments;
- d) of the identifying details of the Controller, the Processors and therepresentative appointed in terms of section 5, paragraph 2;
e) as to the persons or categories of persons to whom the personal data may be communicated or who might come into possession of the data in their capacity as representative appointed for Italy, or as data processors or persons in charge.
3. The Data Subject shall be entitled to obtain:
the update, correction or when this interests him, the supplementation of the data;
the deletion, the transformation into an anonymous form or the blocking of data processed breaching the law, including data which does not have to be stored in relation to the purpose for which it was gathered or subsequently processed;
confirmation that the operations referred to in a) and b) above were brought to the knowledge of those persons to whom the data was communicated or transmitted (also insofar as content is concerned), except in the case where compliance with this obligation is found to be impossible or would involve the use of resources manifestly disproportionate to the right being protected.
4. The Data Subject shall be entitled to object, either wholly or in part:
- a) for legitimate reasons, to the processing of personal data that relates to him, even though the processing may be pertinent to the purposefor which it was gathered;
- b) to the processing of personal data relating to him, for the purposesof sending advertising or direct sales materials or for the purposes of market research or commercial communications.
Clause 11 APPLICABLE LAWS AND COMPETENT COURT
The Law of Italy shall apply and the Court of Parma shall have jurisdiction to entertain any dispute arising (even indirectly) out of the preliminary negotiations, the stipulation, the performance or the partial or complete failure to perform in terms of this contract.
LUGGAGE REGULATIONS IN TERMS OF TRANSPORT MINISTER'S DECREE NO. 1/36 OF 28th of January 1987
For the purposes of airport and flight security, checked-in luggage shall be subject to the prescribed weight limitations. Each passenger shall be allowed to transport free of charge, in the cabin - on condition that it is compatible with the space available in the appropriate spaces or can fit underneath the seat - one piece of hand luggage, not exceeding 5 kg, with a label setting out the name and surname of the passenger, on condition that the sum of the dimensions (length, breadth and height) shall not exceed 115 cm in total.
In addition to the said hand-luggage, passengers shall be permitted to bring into the cabin - again on condition that it is compatible with the available space - the following items:
• a handbag or briefcase:
• a camera, a video camera or a CD player; • an umbrella or a walking stick;
• an overcoat or a blanket;
• a pair of crutches or similar mobility aids; • a portable cradle and baby food;
• books, newspapers and magazines to read during the journey; • goods purchased inside the airport;
The following dangerous items or objects shall not be carried in the passenger's hand-luggage or checked-in luggage:
explosives, arms, ammunition, tape capsules, fireworks and rockets;
• complex gases (refrigerants, inflammables, non inflammables and poisonous) such as butane, oxygen, liquid nitrogen as well as breathing apparatus cylinders;
•inflammable liquids and solid, such as lighter fuel, matches, paint, solvents, lighters;
• poisons and infectious substances, such as insecticides, herbicides and materials with living viruses;
• corrosive agents such as acids, alkalines, mercury and wet - cell batteries;
• radioactive materials;
• oxidising substances such as bleaching powder and peroxides;
• other dangerous objects like magnetic materials, substances with an unpleasant odour, or irritants;
• alarm devices with any lithium batteries required to power them;
• dry ice;
• underwater torches with batteries fitted.
Moreover, a passenger's checked-in luggage shall not contain:
• objects that might constitute a danger for the aircraft, the persons or property on board;
• live animals;
• valuables, fragile or perishable items, money, jewels, precious metals, silverware, negotiable securities, credit instruments or other valuables, business documents, passports and other identity documents or sample collections;
The undermentioned items are excluded from the above prohibition:
- medicines or the toiletries needed for the journey (in reasonablequantities);
- alcoholic drinks in reasonable quantities;
- smoker’s objects in reasonable quantities
- cardiac “pace makers” including those containing radioactivematerials;
- small cylinders of carbon dioxide (including spares for the journey)carried by passengers to operate mechanical limbs;
- small cylinders of oxygen or air for medical useIn compliance with International legislation, Ministry of Transport Circular No. 40/0151 of 18th of March 1996, as supplemented by the National Civil Aviation Board's Circular No. 99-2632/DG of 2nd of July 1999, prohibits the use, on board an aircraft of all portable electronic devices except for:
- hearing aids;
- electric razors;
• portable sound reproducers which do not use laser or digital technology;
• portable computers that are not connected to a printer or a CD drive, but only when the aircraft is cruising and subject to the specific prior approval of the Captain.
The use of the said devices is permitted before the aircraft doors are closed, provided that the Captain is not of the opinion that their use is incompatible with the operations underway.
The Captain of the aircraft may authorize the use of aforesaid devices during any long waiting periods in the landed aircraft with the doors closed, provided that he believes that their use is compatible with the existing situation.