In these General Terms and Conditions of Contract (“G.C.C.”), unless expressly provided otherwise and in addition to any further definitions that will be provided elsewhere in the text of these G.C.C., the following terms shall have the meanings indicated below. In these G.C.C., the following terms will be used both in the singular and in the plural with the same meaning provided by the definitions below:
- Invitation Code: the personalized alphanumeric code that allows the User of the Platform to benefit from a discount on the subscription to the Membership.
- Promotional Code: the personalized alphanumeric code that allows the Registered User to benefit from a discount on the bookings made on the Platform.
- Contract of Carriage: the contract of carriage by which the Carrier undertakes to perform one or more Flights in favor of the Passenger.Consumer Code: the Italian Legislative Decree no. 206 of 6 September 2005, as amended.
- Consumer: the natural person who acts for purposes which are outside his entrepreneurial, commercial, artisanal or professional activity.
- FlyLux: Flylux S.r.l. (VAT 13194790963), with registered office in Via Ugo Foscolo 4 – 20121 Milan, order e-mail address: admin@flylux.io, pec (certified e-mail address): flylux@legalmail.it.
- ICAO: International Civil Aviation Organization, specialized agency of the United Nations with responsibility for civil aviation regulation and development. Further information can be found on the website www.icao.int.
- IATA: International Air Transport Association, international organization to which the majority of air carriers worldwide belong. Further information can be found on the website www.iata.org.
- Proposed Itinerary: the hypothetical travel route proposed by FlyLux and published on the Platform. Specifically, the Proposed Itinerary identifies a proposal of the following combined elements: the airport of departure, the airport of destination, the date of departure, the time of departure, the type of the aircraft (light jet, superlight jet, midsize jet, heavy jet) and the capacity of the aircraft.
- Membership: the affiliation program to the Platform that grants the Registered User the right to use the visualization services and the booking services of the Proposed Itineraries published by FlyLux on the Platform.
- Passenger: the person in favor of whom the Carrier performs the Air Carriage under a Contract of Carriage.
- Platform: the website through which FlyLux provides its services.
- User Profile: the registration on the Platform completed by the User by filling in a specific registration form which requires the following data: mobile phone number, first name, surname, home address/registered office, e-mail address.
- Seat: the available seat(s) on the aircraft indicated by FlyLux in relation to a specific Proposed Itinerary.
- Air Carriage: the service performed by the Carrier in favor of the Passenger under a Contract of Carriage.
- Registered User: the User who has subscribed to the Membership on the Platform.
- User: any person who has created a User Profile on the Platform.Users of the Platform: both the Users and the Registered Users.
- Carrier: the legal entity that undertakes to perform the Air Carriage in favor of the Passenger under a Contract of Carriage.
- Flight: the Proposed Itinerary in relation to which one (1) or more Seats have been booked by one (1) or more Registered Users and of which – except in the event of non-compliance by the Registered User and/or the Passenger, for security reasons and in the event of cases of force majeure regulated by these G.C.C. – FlyLux guarantees the performance.
2.1 FlyLux has developed the Platform, i.e., a flight sharing platform designed for the aggregation of persons who intend to travel on charter flights to the same destination. The Platform can be accessed through the FlyLux website at www.flylux.io.
2.2 These G.C.C. have the purpose of governing the access to and the terms of use of the Platform and of regulating the contractual relationship between FlyLux and the Users of the Platform. By using or accessing the Platform, the Users of the Platform declare having read and understood these G.C.C. and therefore agree to be bound by them.
2.3 FlyLux publishes the Proposed Itineraries on the Platform, in order to aggregate on the same charter flight persons who intend to travel to the same destination. The aircraft indicated by FlyLux with reference to the Proposed Itineraries have a maximum capacity of, alternately, six (6), seven (7), eight (8), twelve (12) Seats. In relation to the Proposed Itineraries, Registered Users have the possibility to book one (1) or more Seats, either for themselves or on behalf of third parties, that will be the Passengers. The maximum number of Seats that one (1) Registered User is entitled to book is equal to the maximum capacity of the aircraft minus two (2) Seats (for example, in the event that the aircraft indicated by FlyLux in relation to a specific Proposed Itinerary has a maximum capacity of six (6) Seats, the Registered User may book a maximum of four (4) Seats). In the event that the Registered User attempts to book a number of Seats higher than the limit indicated above, the provisions set forth by Clause 6.17 shall apply.
2.4 FlyLux keeps a Proposed Itinerary published on the Platform until all the available Seats in relation to that itinerary have been booked by the Registered Users, and, in any case, up to forty-eight (48) hours before the scheduled time of departure of the Flight.
2.5 Except in the event of non-fulfilment by the Registered User and/or the Passenger of the obligations provided for by Clauses 10.3, 10.6, 12.1 and 13.1 below, and for the security reasons set forth by Clause 12.2 below, as well as for the cases of force majeure regulated by Clauses 11.6 et seq, upon the booking on the Platform of at least one (1) Seat on a Proposed Itinerary, FlyLux guarantees the performance of the Flight.
2.6 FlyLux shall proceed to identify the Carrier that will perform the Air Carriage in favor of the Passengers once the cancellation period of the booking provided for by Clause 9.1(b) below has expired.
2.7 In the provision of its services, FlyLux acts exclusively as an intermediary between the Registered User and the Carrier that will carry out the Air Carriage in favor of the Passenger. FlyLux does not itself operate nor own aircrafts, FlyLux is not a contracting, actual, direct or indirect carrier and does not provide air carriage services. There is no contract of carriage nor charter agreement between FlyLux and the Registered Users or and/or the Passengers. FlyLux is not part of the Contract of Carriage which will be concluded exclusively between the Carrier and the Registered User, on his/her own behalf or on behalf of the Passenger, and shall not bear any obligation or liability in relation thereto, in accordance with the provisions set forth in Article 11 (“Limitation of Liability”) below.
USERS
3.1 Users are those who have created a User Profile on the Platform, according to the procedure described in Article 4 ("The user profile”) below.
3.2 The creation of the User Profile gives the User a limited access to the Platform. Specifically, the User may only:
- access the sections of the Platform that are visible through the navigation bar of the Platform;
- after the authentication of the mobile phone, access the section of the Platform dedicated to the subscription to the Membership;
- receive from FlyLux various communications related to the Platform (advertising communications, service communications, etc.).
- The User may not use the visualization services and the booking services offered by FlyLux on the Platform and described in Article 6 ("The platform's services”) below. Indeed, these services are reserved for Registered Users only.
REGISTERED USERS
3.4 Registered Users are those who have subscribed to the Membership, according to the procedure described in Article 5 ("Membership”) below.
3.5 The subscription to the Membership grants to the Registered Users and specifically:
- the right to use the services offered by FlyLux on the Platform
- the right to visualize the Proposed Itineraries; andthe right to reserve one (1) or more Seats in relation to the Proposed Itineraries, up to the maximum set forth by Clause 2.3 above.
4.1 The Platform may be used only by individuals aged eighteen (18) or over. By using the Platform, the User declares that is aged eighteen (18) or over.
4.2 In order to use the Platform, it is necessary to create a User Profile.
4.3 To create a User Profile, the User is required to:
- authenticate the mobile phone, by entering the OTP code communicated to the mobile phone number indicated by the User itself on the Platform;
- fill in a specific registration form by providing FlyLux with the following identification data: name, surname, home address/registered office address, e-mail address. In the registration form, the User may also enter any Invitation Code received from FlyLux in the appropriate section. The Invitation Code will allow the User who decides to subscribe to the Membership to benefit from a discount on (and even to zero the) relevant subscription fee, in accordance with the provisions set forth by Clause 5.3 below;
- verify the e-mail address, by following the instructions provided by FlyLux by means of a specific communication sent to the User by e-mail;
- read and expressly accept the privacy policy and these G.C.C.
4.4 Each User is responsible for the safekeeping of his/her access keys to the Platform, which are personal and non-transferable. In any case, FlyLux will not be responsible for the consequences of the access of third parties who make use of the User’s access keys. For security reasons, FlyLux reserves the right to adopt any additional protective mechanisms for the access to the Platform by the Users.
4.5 By creating a User Profile, the User undertakes to provide true, accurate, complete, and up-to-date information and data. To this end, the User undertakes to promptly communicate any changes to the information and data referable to him/her, in order to allow the updating of his/her User Profile. The User is solely responsible for the correctness and truthfulness of the information and data provided to FlyLux, which will be processed by FlyLux in accordance with the provisions of Article 14 ("Personal data") below.
4.6 Communications sent by FlyLux to the e-mail address provided by the User in the registration form shall be considered validly executed.
4.7 The creation of a User Profile is free of charge.
4.8 The duration of a User Profile is established for an indefinite period of time, unless the User chooses, at any time, to request the deletion of his/her User Profile by means of a communication that must be sent to the following e-mail address: info@flylux.io. Following the sending of the above-mentioned communication by the User, the User will receive an e-mail confirming the deletion of the User Profile.
4.9 The User is responsible for the correct use of the contents of the Platform, in compliance with the applicable regulations.
4.10 FlyLux reserves the right to deny the User access to the Platform, at any time and for any reason, including but not limited to the violation by the User of these G.C.C. or specific technical reasons (server maintenance, data migration, etc.) or security reasons.
THE SUBSCRIPTION TO THE MEMBERSHIP
5.1 The subscription to the Membership allows the Registered User to use the visualization services of the Proposed Itineraries and the booking services of the Seats published by FlyLux on the Platform. These services are better described in Article 6 ("The platform's services”) below.
5.2 In order to subscribe to the Membership, it is necessary to first create a User Profile, according to the procedure described in Article 4 ("The user profile”) above.
5.3 The subscription to the Membership is subject to the payment of a membership fee (“Fee”). The amount of the Fee is displayed in the section of the Platform dedicated to the Membership, it is expressed in Euros (€) and it includes Value Added Tax (VAT). The payment of the Fee shall be made by electronic means of payment (credit card, debit card, prepaid card, American Express). The amount of the Fee due by the User may be zero or, in any case, reduced if the User has previously received by e-mail an Invitation Code from FlyLux and has entered it in the appropriate section.
5.4 The technical steps for subscribing to the Membership are summarized as follows:
- access to the Platform through the authentication of the User’s mobile phone;
- visualization of the section of the Platform dedicated to the Membership and acknowledgment by the User of the Precontractual Information. Precontractual Information means the communication provided by FlyLux on the Platform, which contains the essential information regarding the services offered by FlyLux on the Platform, the benefits associated with the Membership, the amount of the Membership Fee, the withdrawal right from the Membership and the deactivation of the Membership;
- selection of the option “Buy Membership”;
- entry of the billing information. Specifically: if the User is a natural person: name, surname, tax code, home address and e-mail address; if the User is a legal entity: company name, tax code, VAT number, registered office address, e-mail address, SDI code (if the legal entity is incorporated under Italian law);
- selection of the payment method;entry of the details of the credit card or of another payment method accepted by FlyLux;
- entry of any Invitation Code in the appropriate section “Invitation Code”;before proceeding with the payment (if due), acknowledgment and express acceptance of the privacy policy and of these G.C.C.;
- payment and confirmation of the payment (if due);
- confirmation, within the Platform, of the successful completion of the Membership subscription procedure;
- sending of an e-mail confirming the subscription of the Membership to the e-mail address provided by the User when creating the User Profile. The above-mentioned e-mail shall contain, as attachments, the Precontractual Information and the text of these G.C.C.
5.5 The Membership is valid for twelve (12) months from the subscription date. Close to the expiry date of the validity of the Membership, the Registered User will receive a communication, sent to the e-mail address entered by the User in the registration form, which informs the Registered User about the imminent expiry of the Membership and of the possibility of reactivating the Membership, according to the procedure set forth by Clause 5.4 above. If the User does not reactivate the Membership, and therefore the term of validity of the Membership expires, the User will receive a further communication by e-mail, confirming the expiry of the Membership. In any case, even after the expiry of the Membership, the User has the right to subscribe again to the Membership , at any time, according to the procedure set forth by Clause 5.4 above.
5.6 FlyLux may modify the Membership Fee at any time. In this case, FlyLux will send a specific communication to the Registered User, to the e-mail address provided by the User when creating the User Profile, it being understood that the tariff update will be effective, with reference to a specific Registered User, starting from the following activation of the Membership.
5.7 FlyLux reserves the right to introduce additional types of membership, which will grant to the Registered Users different benefits and rights. The subscription to different types of membership will be subject to the payment of differentiated subscription fees, depending on the benefits and rights associated with each type of membership.
The introduction of additional types of membership by FlyLux will be subject to an updating of these G.C.C. In any case, the specific features of the additional types of memberships that FlyLux may introduce in the future will be described in a specific section of the Platform.
WITHDRAWAL RIGHT OF THE CONSUMER REGISTERED USER
5.8 Following the subscription to the Membership, the Registered User acting as a Consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code (“Consumer Registered User”) has the possibility to exercise the withdrawal right from the Membership within fourteen (14) days from the subscription date (“Withdrawal Period”).
5.9 In order to exercise the withdrawal right, the Consumer Registered User must send to FlyLux an explicit declaration of his/her intention to withdraw from the Membership, by means of a communication that must be sent to the following e-mail address: info@flylux.io.
5.10 In the event that the Consumer Registered User exercises the withdrawal right within the Withdrawal Period, FlyLux will refund the Consumer Registered User the Fee paid for the subscription to the Membership. The refund will be made by FlyLux to the same payment method used by the Consumer Registered User for the payment of the Fee when subscribing to the Membership. In the event that the Membership has been subscribed to through the application of an Invitation Code, the Consumer Registered User will receive a refund only with reference to the amount of the Fee (if any) actually paid.
5.11 In the event that, before the expiry of the Withdrawal Period, the Consumer Registered User uses the booking services offered by FlyLux on the Platform and described in Clauses 6.8 et seq. below, the User acknowledges and accepts that it has lost its withdrawal right and the right to a refund of the Fee paid. For the sake of clarity, by completing a booking procedure on the Platform pursuant to Clause 6.11 below prior to the expiry of the Withdrawal Period, the Consumer Registered User – also pursuant to and for the purposes of Article 59, paragraph 1, letter o) of the Consumer Code – acknowledges and declares:
- to have expressly authorized FlyLux to perform the services governed by these G.C.C.; and
- to have consequently lost the withdrawal right.
5.12 The withdrawal right referred to in this Article does not apply if the Registered User does not have the status of Consumer within the meaning of the Consumer Code, i.e., is a natural or legal person acting in the exercise of his/her entrepreneurial, commercial, artisanal, or professional activity.
DEACTIVATION OF THE MEMBERSHIP SUBSCRIPTION
5.13 As provided for by Clause 5.5 above, the Membership is valid for twelve (12) months from the subscription date.
5.14 The Registered User has the right to request the deactivation of the Membership subscription, at any time, by means of a communication that must be sent to the following e-mail address: info@flylux.io. Following the sending of the above-mentioned communication, the User will receive an e-mail confirming the deactivation of the Membership.
5.15 The deactivation of the Membership subscription will be effective from the date of receipt by the Registered User of the e-mail confirming the deactivation.
5.16 In case of deactivation of the Membership subscription, the Registered User will not be entitled to a refund of any payments previously made to FlyLux.
5.17 In any case, after the deactivation of the Membership subscription, the User has the right to subscribe to Membership again, at any time, in accordance with the procedure illustrated in Clause 5.4 above.
VISUALIZATION SERVICES
6.1 FlyLux publishes in the Section “Book now, choose flight options” of the Platform, the Proposed Itineraries in relation to which the Registered Users may book one (1) or more Seats, within the limit set forth in Clause 2.3 above. In order to visualize the Seats available on the Proposed Itineraries, the Registered User has the possibility to set specific parameters of search on the Platform (e.g., the airport of departure, the airport of destination, the date of departure, the number of Seats that the Registered User intends to book) (“Visualization Services”).
6.2 Within the Section “Book now, choose flight options” of the Platform:
- the wording “flight without any Seats booked” identifies a Proposed Itinerary in relation to which no Seat has been booked yet;
- the wording “flight with ___ Seat booked” identifies a Proposed Itinerary in relation to which one (1) or more Seats have already been booked by other Registered Users.
6.3 The Proposed Itineraries published on the Platform are hypothetical travel routes proposed by FlyLux. Specifically, the Proposed Itineraries identify a proposal of the following combined elements: the airport of departure, the airport of destination, the date of departure, the time of departure, the type of aircraft (light jet, superlight jet, midsize jet, heavy jet) and the capacity of the aircraft itself.
6.4 As provided for by Clause 2.6 above, the Carrier that will perform the Air Carriage shall be identified by FlyLux only after the expiry of the cancellation period regulated by Clause 9.1(b) below.
6.5 In the Section “Book now, choose flight options” of the Platform, next to the Proposed Itineraries, it is indicated the price related to the Seat(s) that the Registered User intends to book (“Price”). The amount of the Price is expressed in Euros (€).
6.6 In the event that, with reference to a specific Proposed Itinerary, no Seat is booked within forty-eight (48) hours from the time of departure of the flight, the Proposed Itinerary will be cancelled from the Platform and no flight will be performed in relation to that Proposed Itinerary.
6.7 The Visualization Services are reserved for Registered Users only.
BOOKING SERVICES
6.8 Registered Users have the possibility to book one (1) or more Seats on the Proposed Itineraries, by paying to FlyLux the related Price (“Booking Services”).
6.9 The Price shall be paid by the Registered User to FlyLux when booking the Seat(s). The payment of the Price shall be made by electronic means of payment (credit card, debit card, prepaid card, American Express). When booking the Seat(s), the Registered User must also bear the costs related to any taxes applicable to the booking. The amount of any applicable taxes will be displayed, during the booking procedure, on the section which indicates the components of the final price to be paid by the Registered User to FlyLux. For more information on the pricing policy applied by FlyLux, please refer to Article 7 ("Pricing Policy and Promotions”) of these G.C.C.
6.10 FlyLux allows Registered Users to book one (1) or more Seats also on behalf of third parties, who will be the Passengers. In this case, when booking Seat(s) on the Platform, the Registered User guarantees, under his/her sole responsibility, that it is legally authorized to act on behalf of such third parties. In addition, the Registered User guarantees the compliance with these G.C.C. also by the third parties in whose interest it acts.
6.11 The technical steps for booking Seats on the Platform are summarized as follows:
- access to the Platform through the authentication of the Registered User’s mobile phone;
- access to the Section “Book now, choose flight options” of the Platform;
- entry of one (1) or more search parameters (such as airport of departure, airport of destination, date of departure, number of Seats that the Registered User intends to book, etc.);
- selection of the Proposed Itinerary published on the Platform in relation to which the Registered User intends to book one (1) or more Seats;selection of the payment method;before proceeding with the payment, acknowledgment and express acceptance of the G.C.C. by the Registered User, on his/her own behalf or on behalf of the Passenger;
- entry of the details of the credit card or of the other payment method accepted by FlyLux;
- entry of the billing data, if different from those indicated by the Registered User when paying the Fee. Specifically:
if the User is a natural person: name, surname, tax code, home address and e-mail address;
if the User is a legal entity: name of the company, tax code, VAT number, registered office address, SDI code (if the User is a legal entity incorporated under Italian law) and/or e-mail address. If the event that the address of the invoice is different from the Registered User, the Registered User must send to FlyLux a specific communication by e-mail in this regard to the following e-mail address info@flylux.io;
- confirmation of the payment;
- confirmation, within the Platform, of the completion of the booking procedure of the Seat(s);
- sending of a confirmation e-mail to the e-mail address entered by the Registered User in the registration form. The receipt of the booking of the Seat(s) does not constitute a Contract of Carriage. Hereinafter, the procedure described in letters (a)-(k) above will be defined as “Booking Procedure” and the booking made by a Registered User of one of the (1) or more Seat will be defined “Booking”.
6.12 At the time of the Booking, the Registered User is also required to provide, within the Section “Documents” of the Platform, the following identification data and documents (“Travel Documents”) of the Passenger(s) in whose interest the Seat(s) is booked:
- name and surname;
- sex;
- date of birth;
- citizenship;
- identity document: passport or identity card;
- number and expiry date of the identity document;
- photo of the first page of the identity document.
6.13 In the event that the Registered User does not act in accordance with the provision set forth by Clause 6.12 above at the time of the Booking, the Registered User will receive two communications from Flylux, twenty-four (24) hours apart one from the other, aimed at reminding to the Registered User that it is necessary to provide the identification data and the Travel Documents required by the above-mentioned Clause by accessing the Sections “Reserved Area – Profile – Your documents” or “Reserved Area – Your flights – Upload documents” of the Platform. In any case, the provisions set forth by Article 10 ("Travel documents”) below shall apply.
6.14 During the Booking Procedure, the Registered User will be notified of the possible fulfillment of the conditions of applicability of a specific promotion, in accordance with the provisions set forth by Clauses 7.4 et seq below.
6.15 Upon the successful completion of the Booking Procedure, the Registered User, in his/her own behalf or on behalf of the Passenger, if the latter is other than the Registered User, entrusts FlyLux with the assignment of identifying the Carrier that will perform, under a Contract of Carriage, the Air Carriage related to the Flight.
6.16 The Registered User who books one (1) or more Seats on a Proposed Itinerary acknowledges and accepts that FlyLux has the right to allow other Registered Users to book one (1) or more Seats still available in relation to the same Proposed Itinerary.
6.17 In the event that, during the Booking Procedure, the Registered User attempts to select the maximum number or the number immediately below the maximum number of Seats available in relation to a specific Proposed Itinerary (for example, if the aircraft indicated by FlyLux in relation to a certain Proposed Itinerary has a maximum capacity of six (6) Seats and the Registered User attempts to book five (5) or six (6) Seats), FlyLux will propose to the Registered User to enter into contact with FlyLux’s commercial partner, Over The Lux (VAT 06979100960), with registered office in Via Ugo Foscolo 4 – 20121 Milan, so that the Registered User can eventually charter the entire aircraft. In any case, the provisions set forth by Clause 2.3 above shall apply.
6.18 In the event that the Registered User, after selecting a Proposed Itinerary, logs out from the Platform without completing the Booking Procedure, FlyLux reserves the right to send to the Registered User various communications (advertising communications, service communications, etc.).
6.19 The Booking Services are reserved for Registered Users. 6.20 Hereinafter, the Visualization Services and the Booking Services will be jointly referred to as the “Services of the Platform”.
PRICING POLICY
7.1 The Price is dynamic, i.e., it is calculated automatically by FlyLux’s system; as such, the Price may be subject to variations. Generally, the Price visualized by the Registered User in the Section “Book now, choice of flight options” of the Platform changes according to the number of Seats already booked by other Registered Users in relation to the selected Proposed Itinerary and decreases progressively as the Seats available in relation to the Proposed Itinerary are booked by the Registered Users.
7.2 The Registered User acknowledges and accepts that any other Seat available in relation to the Proposed Itinerary selected by him/her may be booked by other Registered Users at a different Price, whose determination is at the sole discretion of FlyLux.
PROMOTIONAL CODES
7.3 FlyLux reserves the right, at its sole discretion, to issue Promotional Codes that will allow the Registered Users to benefit from discounts when making purchases on the Platform (Seat Booking Procedure). In this case, FlyLux will update these G.C.C. in order to regulate the terms of use of the Promotional Codes by the Registered Users.
PROMOTIONS
7.4 FlyLux reserves the right to introduce, at its sole discretion, different types of promotions (“Promotions”). By way of example but not limited to, Promotions may consist in:
- the application of a discount on the Price in favor of the Registered User who, within the same Booking Procedure, simultaneously books one (1) Seat on the Outbound Flight and one (1) Seat on the corresponding Return Flight, meaning a first flight (Outbound Flight) departing from Airport A to arrive at Airport B and a second flight (Return Flight) departing from Airport B to arrive at Airport A;
- the application of a discount on the Price in favor of the Registered User who, within the same Booking Procedure, simultaneously books two (2) or more Seats in relation to the same
- Proposed Itinerary, in any case, in compliance with the limit set forth by the Clause 2.3 above;
- the application of favorable Prices in relation to specific Proposed Itineraries, selected by FlyLux at its sole discretion, in the event that the booking of the Seat(s) by the Registered User takes place very closely to the scheduled date of departure of the Flight;
- further promotional initiatives that will be conceived by FlyLux.
7.5 The terms and conditions of use of the Promotions activated by FlyLux shall be described in specific regulations related to each Promotion. Such regulations will be made available on the Platform during the Booking Procedure, in the event that the conditions required for the applicability of a specific promotion are fulfilled.
7.6 The fulfillment of the conditions of applicability of a specific Promotion will be notified to the Registered User during the Booking Procedure.
7.7 FlyLux reserves the right to introduce mechanisms aimed at preventing the abusive use of the Promotions by the Registered Users. These mechanisms will be described in the specific regulation governing each Promotion.
7.8 Promotions cannot be combined with each other and cannot be combined with the Promotional Codes referred to in the Clause 7.3 above, where introduced by FlyLux.
7.9 FlyLux reserves the right to suspend, modify or cancel, at any time, any Promotion previously activated, without prior notice and without the obligation to justify the reason for such suspension, modification or cancellation.
FLYLUX OBLIGATIONS
8.1 By virtue of the assignment received by the Registered User with the completion of the Booking Procedure pursuant to Clause 6.15 above, FlyLux undertakes, vis à vis the Registered User, to identify the Carrier that will perform, under a Contract of Carriage, the Air Carriage.
8.2 All Air Carriages will be performed by charter flights by leading airlines in compliance with the regulations applicable to the air carriage of passengers.
8.3 As provided for by Clauses 2.6 and 6.4 above, FlyLux undertakes to identify the Carrier only after cancellation period of the Booking referred to in Clause 9.1(b) below has expired.
8.4 Once the Carrier has been identified, FlyLux undertakes to promptly notify the Registered User of the identity of the Carrier and to provide the Register User with the general terms and conditions of contract applied by the Carrier, with any further information regarding the Air Carriage that may be provided by the Carrier, as well as with the travel document issued by the Carrier itself in the name of the Passenger. These documents and information will be sent to the e-mail address entered by the Registered User in the registration form. With the acceptance by the Registered User, on his/her own behalf or on behalf of the Passenger, of the general terms and conditions of contract applied by the Carrier and with the issuance by the Carrier of the travel document in the name of the Passenger, the Contract of Carriage between the Passenger and the Carrier is concluded.
8.5 Moreover, FlyLux undertakes to send to the e-mail address entered by the Registered User in the registration form, a summary document, aimed at facilitating the knowledge and the availability by the Registered User of the information related to the travel itinerary in relation to which it has booked the Seat(s). The inclusion, in the above-mentioned summary document, of specific warnings and/or of information related to the Air Carriage and to the legal and contractual regime applicable to it is for information purposes only and does not create any obligation on the part of FlyLux with reference to the Air Carriage.
8.6 The Registered Users are advised that, at its sole discretion, the Carrier may (i) in the event of force majeure according to Clause 11.6 below, cancel, delay or reroute the Flight, and (ii) use an aircraft of a different type than the one originally indicated by FlyLux for the performance of the Air Carriage, without the Registered User and/or the Passenger being able to bring any claim. In such cases and, more in general, in all cases in which communications related to the Air Carriage are necessary, FlyLux will promptly inform the Registered User, by sending a specific communication to the e-mail address and/or a text message to the mobile number entered by the Registered User in the registration form.
8.7 FlyLux undertakes to send to the Carrier the Passenger’s identification data and the Travel Documents. It is understood that FlyLux does not bear any responsibility in relation to the completeness, suitability and truthfulness of the Travel Documents required for the Flight, in accordance with the provisions set forth by Article 10 ("Travel documents”) below.
8.8 It should be noted that, except for the non-compliance by the Registered User and/or the Passenger with the obligations provided for by the Clauses 10.3, 10.6, 12.1 and 13.1 below, for the security reasons referred to in Clause 12.2 below, as well as for the cases of force majeure regulated by Clauses 11.6 et seq below., FlyLux guarantees the performance of the Flight.
OBLIGATIONS OF THE REGISTERED USERS
8.9 Upon completion of the Booking Procedure, the Registered User:
- if it coincides with the Passenger, undertakes to conclude the Contract of Carriage with the Carrier that will be identified by FlyLux and, for this purpose, to sign the general terms and conditions of contract applied by the Carrier;
- if it does not coincide with the Passenger, guarantees, under his/her sole responsibility, that it is legally authorized to conclude, in the name and on behalf of the Passenger, the Contract of Carriage with the Carrier that will be identified by FlyLux and, for this purpose, to sing the general conditions of contract applied by the Carrier itself.
8.10 As mentioned in Clause 6.12 above, under his/her sole responsibility, the Registered User undertakes to provide, in the specific section of the Platform, the identification data and the Travel Documents of each Passenger for whom it has booked a Seat, in compliance with the deadlines set forth by Article 10 ("Travel Documents") below.
8.11 The information related to the Air Carriage, including, for example, those related to the limitations of the Carrier’s liability, the time limits for bringing actions for damages, the compensation in the event of death or injury, delay in the carriage of passengers and of baggage, destruction, loss and damage to baggage, as well as those related to what may be carried on board of the Carrier’s aircraft, and to the behavior that Passengers must have on board, may be provided by the Carrier itself. Such information, if any, will be made available at the time of the conclusion of the Contract of Carriage between the Registered User, in his/her own behalf or on behalf of the Passenger, and the Carrier.
8.12 Therefore, by completing the Booking Procedure, the Registered User:if it coincides with the Passenger, undertakes to comply with all the instructions related to the Air Carriage that will be provided by the Carrier;if it does not coincide with the Passenger, it guarantees, under his/her sole responsibility, that it is legally authorized to bind the Passenger also to comply with all the instructions related to the Air Carriage that will be provided by the Carrier.
8.13 The Registered User, on its own behalf or on behalf of the Passenger, is therefore responsible for complying with (i) the general terms and conditions of contract applied by the Carrier and with (ii) all further information provided by the Carrier in relation to the Air Carriage. It is therefore understood that, in the event of a breach by the Registered User and/or by the Passenger of the general conditions of contract applied by the Carrier and/or of the further indications that may be provided by the Carrier in relation to the Air Carriage, the Registered User and/or the Passenger will have nothing to claim from FlyLux.
9.1 In the event of cancellation of the Booking, FlyLux will refund the Registered User the percentages indicated below, withholding the remaining percentage of the Price as a cancellation fee:80% of the Price, if the cancellation of the Booking is made at least fourteen (14) days before the scheduled date of departure of the Flight;30% of the Price, if the cancellation of the Booking is made between fourteen (14) and seven (7) days before the scheduled date of departure of the Flight;0% of the Price, if the cancellation of the Booking is made less than seven (7) days before the scheduled date of departure of the Flight.
9.2 In order to cancel a Booking, the Registered User must send a specific communication to the following e-mail address: info@flylux.io. Following the sending of the above-mentioned communication, the Registered User will receive an e-mail confirming the cancellation of the Booking.
9.3 Where the Seat(s) has been booked by the Registered User by using a Promotional Code or a Promotion, the refund percentages indicated in Clause 9.1 above will be calculated on the Price actually paid by the Registered User for the Booking.
9.4 The refund will be made by FlyLux to the same payment method used by the Registered User for the payment of the Price during the Booking Procedure.
9.5 FlyLux undertakes to make the refund at the same time as the cancellation of the Booking. It is however understood that, in the event that, due to the timing required by the applicable banking policies, the refund will be credited to the payment method later, the Registered User will have nothing to claim from FlyLux.
9.6 The Seat whose Booking has been cancelled will be published again on the Platform and will therefore be made available to other Registered Users, who will be able to book it through the Booking Procedure regulated by Clauses 6.8 et seq. above.
FlyLux reserves the right to determine, at its sole discretion and, in any case, in accordance with the procedure set forth by Article 7 ("Pricing policy and promotions”) above, the Price related to the Seat whose Booking has been cancelled and which, consequently, has been published again on the Platform.
10.1 Travel Documents means:an identification document valid for expatriation (identity card for travel itineraries within the European Union and passport for travel itineraries outside the European Union);a document valid for entry into the country of destination, where required by applicable legislation (e.g. tourist visa).
10.2 It should be noted that it is the sole responsibility of the Registered User, on its own behalf or on behalf of the Passenger, (i) to inquire about the Travel Documents and the other documents, including those regarding health (e.g., good health certificate and/or vaccination certificate), necessary for the performance of the Air Carriage and for the entry into the country of destination, and (ii) to obtain the Travel Documents and any other document, including health documents (e.g., certificate of good health and/or vaccination certificates) that may be required by the competent authorities of the countries from, to or over which the Air Carriage will be performed. FlyLux assumes no liability in this regard.
10.3 The Carrier may deny access to the aircraft to the Passenger without the Travel Documents and/or the other necessary documents, without the Registered User and/or the Passenger being entitled to a refund of the Price or any other form of reimbursement or of compensation for damages. Furthermore, in the event that the Carrier has to pay pecuniary penalties, fines or other penalties or in any case incur expenses of any kind due to the failure to provide the documents required by the applicable laws in the countries of departure, destination and/or transit, or to the provision of unsuitable documents, the Carrier may request the Passenger to reimburse the expenses incurred in relation to the above-mentioned reasons.
10.4 The Registered User and/or the Passenger shall have nothing to claim from FlyLux for the consequences deriving from the lack, unsuitability or falsity of the Travel Documents and/or the other documents, including the documents regarding health, necessary for the performance of the Air Carriage.
10.5 As mentioned in Clause 6.12 above, the Registered User undertakes to provide, in the appropriate section of the Platform, the identification data and Travel Documents of each Passenger for whom it has booked a Seat. Unless the Registered User has not already provided the identification data and the Travel Document during the Booking Procedure in accordance with the provisions of set forth by Clauses 6.12 and 6.13 above, the Registered User must provide the Passenger's identification data and Travel Documents no later than forty-eight (48) hours before the scheduled departure time of the Flight.
10.6 In the event of failure to upload the Travel Documents within the deadline referred to in the Clause 10.5 above, the performance of the Air Carriage in favor of the Passenger to whom these Travel Documents refer is at the sole discretion of the Carrier. It is understood that, if the Carrier decides not to perform the Air Carriage in favor of the Passenger whose Travel Documents have not been uploaded in a timely manner, the Registered User and/or the Passenger will not be entitled to a refund of the Price or to any other form of reimbursement or compensation for damage.
10.7 The technical steps for entering the identification data and Travel Documents (if such entering takes place after the Booking) are summarized as follows:
- access to the Platform;
- access to the Section “Reserved Area” of the Platform;
- access to the Section “Your flights” or “Profile” of the Platform;
- choose the option “Upload Documents” or “Your Documents”;
- confirmation, within the Platform, of the successful upload of the Travel Documents.
11.1 FlyLux’s liability is limited to the provisions set forth by these G.C.C.
11.2 In the provision of the Services of the Platform, FlyLux does not assume the role of carrier. Indeed, this role is held exclusively by the Carrier, which assumes all the risks and responsibilities related to the performance of the Air Carriage.
11.3 The responsibilities related to the Air Carriage cannot in any way be referred to FlyLux, not even indirectly or mediately. Specifically, FlyLux does not assume any liability in relation to the injury, damage, death, loss, accident or delay due to any action or omission of the Carrier (and/or of third parties who have a contractual relationship with the Carrier) or, more in general, that occur due to or in relation to the Air Carriage.
11.4 No claim may be brought against FlyLux by the Registered Users and/or by the Passengers with reference to the performance of the Contract of Carriage. Any rights to which the Passenger may be entitled under the Contract of Carriage and under the regulations applicable to it, including, for example, the right to compensation for damages in the event of death or bodily injury, shall therefore be brought by the Passenger against the Carrier.
11.5 In the event of a breach by the Registered User and/or by the Passenger of the Contract of Carriage concluded with the Carrier, FlyLux shall not be liable in any way for any damages suffered or for any costs incurred by the Registered User and/or by the Passenger as a result of such breach.
FORCE MAJEURE
11.6 For the purposes of these G.C.C., force majeure means any unforeseeable and/or unavoidable event and, in any case, beyond the control of FlyLux and of the Carrier, which, by nature and entity, is such as to prevent the fulfilment of the contractual obligations arising from these G.C.C. and/or from the Contract of Carriage. By way of example and not limited to, the following events are considered causes of force majeure: natural disasters, fires, floods, earthquakes; epidemics or pandemics; wars, civil insurrections, riots, embargoes; trade union disputes, strikes; accidents; total or partial breakdown of the aircraft and/or of equipment used by the Carrier for the performance of the Air Carriage or other technical reasons. Also the following events are considered causes of force majeure: measures of any nature adopted by any authority, both national and international, such as laws, decrees, judgments, ordinances, regulations, or measures adopted by the airport authorities that cancel, modify, alter the time slots assigned to specific flights.
11.7 In the event of force majeure, the Carrier may, at any time and at its sole discretion, cancel, delay or reroute the Flight or use for the Air Carriage an aircraft of a different type than the one originally indicated by FlyLux. In such cases, no liability may be attributed to FlyLux. The Registered User and/or the Passenger shall have nothing to claim from FlyLux and, in particular, shall not be entitled to a refund of the Price or to any other form of reimbursement or compensation for damages from FlyLux.
12.1 As provided for by Clause 8.11 above, information relating to the Air Carriage may be provided by the Carrier who will perform the Air Carriage. The above-mentioned information, if any, will be made available at the time of the conclusion of the Contract of Carriage between the Registered User, in his own behalf or on behalf of the Passenger, and the Carrier. By way of example and not limited to, these information may concern:
- behavior on board the aircraft. Registered Users are advised that if, on board the Carrier’s aircraft, the Passenger: (i) jeopardizes the safety of the Flight; (ii) disturbs other Passengers and the crew or otherwise behaves in a manner that causes them discomfort; (iii) causes damage to the aircraft, or to the persons or equipment carried on board; (iv) creates an obstacle to the crew in the performance of their duties; and, more in general, (v) does not comply with the crew’s instructions regarding proper conduct on board or compliance with procedures, the Passenger may be subject to the measures necessary to prevent or limit such behavior, including disembarkation. Registered Users are also advised that, for reasons of flight safety, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as, by way of example, mobile phones, laptops, portable recorders, portable radios, electronic games, etc. Finally, Registered Users are advised that the Carrier may prohibit Passengers from smoking cigarettes, cigars, pipes, electronic cigarettes, and other similar devices.
- prohibited items on board and on the aircraft’s cargo hold. Registered Users are advised that, usually, it is not allowed to carry on board objects that are considered dangerous for the flight safety, such as scissors, sharpeners, knives. Moreover, as a general rule, substances and materials which, by their nature, may constitute a danger to the aircraft, persons or equipment on board, such as those indicated in the Regulations on the Carriage of Dangerous Goods at or from ICAO and IATA, are not allowed either on board or on the aircraft’s cargo hold. The above-mentioned Regulations include, in particular, inflammable liquids and solids, explosives, fireworks, compressed gases (such as butane, oxygen, liquid nitrogen, camping gas), infectious, toxic and radioactive substances, firearms, ammunition, etc.
- baggage. Registered Users are advised that the Passengers may carry baggage within the limits, conditions and allowances provided by the Carrier. Registered Users are also advised that the Carrier shall have the right to refuse acceptance for carriage, or to refuse to continue it if it has already been accepted, of any item that is unsuitable for Air Carriage on the aircraft due to its size, shape, weight, content, particular characteristics, or for safety or operational reasons, or because it is likely to cause inconvenience or disturbance to other Passengers. Finally, Registered Users are advised that, for reasons related to flight safety, Passengers’ baggage may be subject to controls and inspections also by means of special electronic or X-ray equipment.animals. Registered Users are advised that the carriage of animals accompanying the Passenger on board requires the consent of the Carrier and is in any case subject to the possession by the Passenger of all the documents related to the animal required by the Authorities of the countries of departure, arrival and/or transit, including in particular the passport, the certificate of good health and the vaccination certificate, as well as the entry or transit permits. It is therefore the sole responsibility of the Passenger (i) to inquire about any conditions and/or limitations on the carriage and/or on the entry of animals with reference to the countries involved in the Air Carriage and (ii) to obtain all the necessary documentation for the carriage and/or entry of the animal itself. Registered Users are also advised that the Carrier has the right, at its sole discretion, to decide upon the modality of carriage and to limit the number of animals that can be carried on a flight. Finally, Registered Users are advised that the Carrier will not be liable for any penalties, losses or expenses or for any other consequence that may arise from the Passenger’s failure to possess the necessary documents and/or failure to comply with the applicable rules and provisions.
12.2 Registered Users are advised that the Carrier may refuse or interrupt the Air Carriage of any Passenger and/or his/her baggage for safety reasons. In such cases, the Registered User and/or the Passenger will have nothing to claim from FlyLux.
12.3 It should be noted that the Registered User, on his own behalf or own behalf of the Passenger, is solely responsible for complying with the instructions provided by the Carrier in relation to the Air Carriage.
NO SHOW
13.1 In the event of a no-show of the Passenger within the time limit of twenty (20) minutes before the scheduled time of departure of the Flight (so-called “No Show”), the Carrier is allowed to leave the airport of departure without waiting for the Passenger’s arrival. In this case, the Registered User and/or the Passenger shall have nothing to claim from FlyLux and, in particular, shall not be entitled to a refund of the Price or to any other form of reimbursement or compensation for damages.
UPDATE OF THE G.C.C.
13.2 FlyLux may update these G.C.C.s at any time. By way of example, FlyLux may update these G.C.C. for legal or regulatory reasons; for IT security reasons; in order to further develop or optimize the Platform, possibly offering additional services to the Users of the Platform; to carry out technical adjustments. In the event of substantial changes to these G.C.C., FlyLux will send a specific communication to the e-mail address provided by the User of the Platform when creating the User Profile. In any case, any update or variation of these G.C.C. will be published in the Section “Terms and Conditions” of the Platform and will be made available at the following link www.flylux.io/terminiecondizioni.
13.3 The Italian version of these G.C.C. is the original one. In the event of a mismatch between the G.C.C. in Italian and the G.C.C. in another language, the G.C.C. in Italian will apply.
13.3. La versione in lingua italiana delle presenti C.G.C. è quella originale. In caso di mancata corrispondenza tra le C.G.C. in italiano e le C.G.C. in un’altra lingua, si applicheranno le C.G.C. in lingua italiana.
PARTIAL INVALIDITY
13.4 Should any provision of these G.C.C. be or become invalid or ineffective or unenforceable, this shall not affect the validity and the enforceability of the remaining provisions and these G.C.C. as a whole.
14.1 By creating a User Profile, the Users of the Platform acknowledge that, in the context of the use of the Platform, FlyLux will process the personal data communicated by the Users themselves. Information on the processing of the data carried out by FlyLux is indicated in the privacy policy available in the Section “Privacy” of the Platform and at the following link: www.flylux.io/privacy. In the event that FlyLux receives personal data of third parties from the User of the Platform, the User of the Platform undertakes to provide to the third parties involved with the information referred to in FlyLux privacy policy.
15.1 These G.C.C. are governed by Italian law.
15.2 In the event that the User of the Platform acts as a Consumer, all the disputes that may arise in relation to these G.C.C., including those related to their validity, effectiveness, interpretation and execution, may be subject to the jurisdiction of the Courts of the Consumer’s habitual residence.
15.3 In the event that the User of the Platform acts as a professional, i.e., a natural or legal person acting in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, all the disputes that may arise in relation to these G.C.C., including those relating to their validity, effectiveness, interpretation and execution, are subject exclusively to the jurisdiction of the Court of Milan.
16.1 For sake of clarity, within these G.C.C., the term “Restrictive covenant” shall have the meaning of “Clausole vessatorie” pursuant to Articles 1341 and 1342 of the Italian Civil Code. Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User of the Platform expressly declares to have read, understood and accepted the following sections:
- Clauses 2.5 and 8.8 (guarantee of the performance of the Flight except for the cases of non-fulfillment of the Registered User and/or of the Passenger, for security reasons and/or force majeure),
- Clause 2.7 (FlyLux acts as an intermediary between the Registered User and the Carrier), Clause 4.10 (denial of access to the Platform),
- Clause 5.11 (loss of the withdrawal right of the Consumer Registered User),
- Clause 5.12 (exclusion of the withdrawal right referred to in Article 5 for the Registered User who is not a Consumer),
- Clause 7.9 (FlyLux right to suspend, modify and cancel Promotions),
- Clause 8.6 (Use of different types of aircraft),
- Clause 8.13 (responsibility of the Registered User to comply with the Carrier’s general terms and conditions of contract and with the indications related to the Air Carriage), Clause 9.1 (cancellation fee),
- Clause 10.2 (no liability of FlyLux in relation to the documents required for the performance of the Air Carriage),
- Clause 10.3 (passenger without the necessary documents for the Air Carriage and related consequences), Clause 10.4 (Unsuitability or falsity of documents necessary for the Air Carriage and no liability of FlyLux),
- Clause 10.6 (failure to upload the Travel Documents within the deadline and related consequences), Article 11 ("limitations of liability") and precisely
- Clause 11.1 (the liability of FlyLux is limited to the provisions of the G.C.C.),
- Clause 11.2 (non-assumption of the role of carrier by FlyLux),
- Clause 11.3 (non-assumption by FlyLux of responsibilities related to the Air Carriage),
- Clause 11.4 (no liability of FlyLux with regard to the performance of the Contract of Carriage),
- Clause 11.5 (no liability of FlyLux for the violations committed by the Registered User and/or by the Passenger),
- Clause 11.6 (force majeure),
- Clause 11.7 (cancellations or delays due to force majeure and no liability of FlyLux),
- Clause 12.1 (information related to the Air Carriage and possible breaches thereof),
- Clause 12.2 (interruption of the Air Carriage for safety reasons and no liability of FlyLux),
- Clause 13.1 (consequences of the No Show and no liability of FlyLux) and
- Clause 15.3 (exclusive jurisdiction if the User of the Platform is acting in the capacity of professional).