In these General Terms of Contract (”C.G.C.”), without prejudice to any other express indication of a different sign and in addition to any additional definitions that will be reported elsewhere in the text of these C.G.C., the following terms have the following meaning.
In the text of these C.G.C., the following terms will be used in the singular and in the plural with the same meaning as in the individual definition:
a) Invitation Code: the personalized alphanumeric code that allows the Platform User to benefit from a discount on the activation of the Membership.
b) Promotional Code: the personalized alphanumeric code that allows the Registered User to benefit from a discount on reservations made through the Platform.
c) Contract of Carriage: the contract under which the Carrier undertakes to carry out one or more specific trips in favor of the Passenger.
d) Consumer Code: Legislative Decree 6 September 2005, n. 206 and subsequent amendments.
e) Consumer: the natural person who acts for purposes unrelated to the business, commercial, craft or professional activity that may be carried out.
f) FlyLux: FlyLux srl, with registered office in via Ugo Foscolo, 4 Milan, VAT number 13194790963, email address: info@flylux.io, PEC: flylux@legalmail.it
g) ICAO: International Civil Aviation Organization (International Civil Aviation Organization), a specialized United Nations agency with expertise in the field of regulation and development of civil aviation. More information in this regard can be found on the Internet site www.icao.int.
h) IATA: International Air Transport Association (International Air Transport Association), an international organization to which the majority of air carriers around the world belong. More information in this regard can be found on the Internet site Www.iata.org.
i) Proposed itinerary: the hypothetical route of travel proposed by FlyLux and published on the Platform.
Specifically, the Proposed Itinerary identifies a proposal of the following combined elements: the departure airport, the destination airport, the date of the trip, the time of departure, the type of aircraft (Light jet, superlight jet, midsize jet) and its capacity.
j) Membership: the affiliate program to the Platform that guarantees the User joined the right to use the viewing services and booking services of the Proposed Itineraries published by FlyLux on the Platform itself.
k) Passeggero: the person for whom the Carrier performs Air Transportation under a Contract of Carriage.
l) Platform: the website through which FlyLux provides its services.
m) User Profile: the registration on the Platform carried out by the User by filling in a Form registration including the following data: mobile phone number, first name, last name, residence/registered office address, e-mail address..
n) Seat: the available seat (s) on the aircraft indicated by FlyLux in relation to a specific Proposed Itinerary.
o) Air Transport: the service provided by the Carrier in favor of the Passenger under a Contract of Carriage.
p) Registered user: the User who has subscribed to the Platform Membership.
q) User: any person who has created a User Profile on the Platform.
r) Platform users: Users and Jointly Registered Users.
s) Vettore: the legal entity that undertakes to carry out Air Transportation in favor of the Passenger by virtue of a Transportation Contract.
t) Volo: the Proposed Itinerary in relation to which one (1) or more Registered Users, one (1) or more Seats have been booked and of which therefore - without prejudice to the cases of default on the part of the Registered User and/or the Passenger, the security reasons and the hypotheses of force majeure governed by these C.G.C. - FlyLux guarantees the execution.
2.1. FlyLux has developed the Platform, that is, a platform of Flight sharing designed for the aggregation of people who intend to travel on flights charters to the same destination.
The Platform is accessible through the FlyLux website, at Www.flylux.io.
2.2. The purpose of these CG.C. is to regulate the terms of use of the Platform and to regulate the contractual relationship between FlyLux and the Users of the Platform. By using or accessing the Platform, Users of the Platform declare that they have read and understood these Terms and Conditions and therefore agree to be bound by them.
2.3 In order to aggregate individuals who intend to travel to the same destination on the same charter flight, FlyLux publishes the Proposed Itineraries on its Platform.
The aircraft indicated by Flylux in relation to the Proposed Itineraries have alternately a maximum capacity of six (6), seven (7), eight (8), twelve (12) Seats.
In relation to the Proposed Itineraries, Registered Users have the option of booking one (1) or more Seats, both for themselves and on behalf of third parties, who will be Passengers.
The maximum number of Seats that can be booked by a single Registered User is equal to the maximum capacity of the aircraft minus two (2) units (for example, if the aircraft indicated by FlyLux in relation to a given 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 wishes to book a number of Seats greater than the limit indicated above, the provisions of clause 6.17 apply.
2.4 FlyLux keeps a specific Proposed Itinerary published on the Platform until all the Seats available in connection with that itinerary are booked by Registered Users, and, in any case, up to forty-eight (48) hours before the scheduled departure of the Flight.
2.5 Except for the cases of default on the part of the Registered User and/or the Passenger provided for in clauses 10.3, 10.6, 12.1, and 13.1 below, for the security reasons referred to in clause 12.2, as well as for the cases of force majeure governed by clauses 11.6 and following, following the booking on the Platform of at least one (1) Seat on a Proposed Itinerary, FlyLux guarantees the completion of the Flight.
2.6 FlyLux proceeds to identify the Carrier that will carry out the Air Transportation for Passengers once the reservation cancellation period established by the following clause 9.1 (b) has elapsed.
2.7 In providing its services, FlyLux acts exclusively as an intermediary between the Registered User and the Carrier that will carry out the Air Transportation for the Passenger. FlyLux does not operate flights, does not own aircraft, is not a contractual, actual, direct or indirect carrier and does not provide air transport services.
There is no transport or rental contract between FlyLux and the Registered User and the Passenger. FlyLux is not part of the Transportation Contract that will be concluded exclusively between the Carrier and the Registered User, on their own or as a representative of the Passenger, and will have no obligation or responsibility in relation to them, in accordance with the provisions of the following article 11 (“Limitation of liability”).
3.1 Users are those who have created a User Profile on the Platform, in the manner described in the following article 4 (”The user profile”).
3.2 The creation of the User Profile gives the User limited access to the Platform. Specifically, the User can only:
(a) Access the visible sections of the Platform through the navigation bar;
(b) Access, after authenticating your mobile device, to the Platform page dedicated to activating the Membership;
(c) Receive communications of various kinds from Flylux related to the Platform (advertising communications, service communications, etc.).
3.3 On the other hand, the User cannot use the viewing services and booking services offered by FlyLux through the Platform and described in the following article 6 (”Platform services”). These services are in fact reserved only for Registered Users.
3.4 Registered Users are those who have activated the Membership, in the manner described in the following article 5 (”The Membership”).
3.5 The activation of the Membership gives Registered Users the right to use the services offered by Flylux through the Platform and specifically:
(a) to view the Proposed Itineraries; and
(b) to book one (1) or more Seats, up to the maximum established by clause 2.3 above, in relation to the Proposed Itineraries.
4.1 The Platform can only be used by people aged eighteen (18) and over. By using the Platform, the User declares to be eighteen (18) years old.
4.2 In order to use the Platform, it is necessary to create a User Profile.
4.3 To create the User Profile, the User is required to:
(a) Authenticate your mobile device, by entering, by the User himself, the OTP code communicated to the mobile number entered by the same on the Platform;
(b) Fill in the appropriate form Form of registration, communicating to FlyLux the following identification data: name, surname, residence/registered office address, e-mail address.
In Form for registration, the User may also enter any Invitation Code received from FlyLux in the appropriate “Invitation Code” field. The Invitation Code will allow the User who decides to activate the Membership to benefit from a discount on (and even to reset) the relative activation fee, in accordance with the provisions of the following clause 5.3;
(c) Verify your e-mail address by following the instructions provided by FlyLux through a special communication transmitted by e-mail;
(d) Read and expressly accept the information privacy and the present C.G.C.
4.4 Each User is responsible for keeping their access keys to the Platform, which are personal and non-transferable. Under no circumstances will FlyLux be responsible for the consequences of access by third parties who should make use of the User's access keys. For security reasons, FlyLux reserves the right to adopt any additional mechanisms to protect Users' access to the Platform.
4.5 By creating a User Profile, the User undertakes to provide true, accurate, complete and updated information and data. To this end, the User undertakes to promptly communicate any changes in the information and data relating to him, in order to allow the updating of his User Profile.
The User is solely responsible for the correctness and veracity of the information and data provided to FlyLux, which will be processed by FlyLux in accordance with the provisions of Article 14 (”Personal data”) that follows.
4.6 The communications sent by FlyLux to the email address provided by the User in Form of registration will 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 fixed indefinitely, unless the User chooses, at any time, to request the cancellation of their User Profile through a communication that must be sent to the e-mail address info@flylux.io. Following this submission, the User will receive an e-mail confirming the cancellation of the User Profile.
4.9 The User is responsible for the correct use of the contents of the Platform, in accordance with applicable legislation.
4.10 FlyLux reserves the right to deny the User access to the Platform, at any time and for any reason, including, by way of example, the violation by the User of these General Terms and Conditions or the existence of specific technical reasons (maintenance of servers, data migration, etc.) or security.
5.1 The activation of the Membership allows the Registered User to take advantage of the services for viewing the Proposed Itineraries and the booking services of the Seats published by FlyLux through the Platform. These services are described in detail in the following article 6 (”Platform services”).
5.2 For the purpose of activating the Membership, the prior creation of a User Profile is necessary, in the manner provided for in the previous article 4 (”The user profile”).
5.3 The activation of the Membership is subject to the payment of a registration fee (”Quota”).
The amount of the Fee is available in the section of the Platform dedicated to Membership, is expressed in Euro (€) and includes Value Added Tax (VAT).
The payment of the Fee must be made through electronic payment instruments (credit card, debit card, prepaid card, American Express).
The amount of the Fee due may be eliminated or in any case reduced if the User has previously received an Invitation Code from FlyLux by e-mail and has entered it in the appropriate “Invitation Code” field.
5.4 The technical steps for activating the Membership are summarized as follows:
(a) Access to the Platform by authenticating the User's mobile device;
(b) Viewing the Platform page dedicated to Membership with a view of the Pre-contractual Information. Pre-contractual Information means the communication by Flylux containing essential information on the services offered by Flylux through the Platform, on the advantages associated with the Membership, on the amount of the Activation Fee, on the methods of withdrawing and deactivating the Membership itself;
(c) Choice of the “Buy Membership” option;
(d) Entering billing information. Specifically:
· if the User is a natural person: name, surname, tax code, residential address and e-mail address;
· if the User is a legal entity: company name, tax code, VAT/VAT number, registered office address, e-mail address, SDI code (if legal entity governed by Italian law);
(e) Selection of the payment method; entering credit card details or other payment method accepted by Flylux;
(f) Insertion of any Invitation Code in the appropriate “Invitation Discount Code” field;
(g) Before proceeding with the payment (where necessary), having read and expressed acceptance of the information privacy and of the present C.G.C.;
(h) Payment and confirmation of payment, where due;
(i) Confirmation within the Platform of the completion of the Membership activation procedure; sending to the Registered User an e-mail confirming the activation of the Membership to the e-mail address provided when creating the User Profile, containing attached the Pre-contractual Information and the full text of these C.G.C.
5.5 The Membership is valid for twelve (12) months starting from the date of activation. As soon as the validity of the Membership expires, the Registered User will receive a communication to the email address provided at the time of filling in the Form of registration that will notify you of the imminent expiry of the Membership and of the possibility of activating it again in the manner referred to in the previous clause 5.4.
If the Membership is not activated again by the User and therefore its validity period expires unnecessarily, the Registered User will receive a further communication by e-mail confirming the expiry of the Membership. However, even after the expiry of the Membership, the right for the User to activate the Membership again, at any time, in the manner set out in the previous clause 5.4, remains unaffected.
5.6 FlyLux may update the membership fees and Fee at any time.
In this case, Flylux will send a specific communication to the Registered User to the email address provided when creating the User Profile, provided that the tariff update will take effect, with respect to the individual Registered User, starting from the next new activation of the Membership.
5.7 FlyLux reserves the right to introduce additional types of memberships, which will give Registered Users different privileges and powers.
The activation of the different types of memberships will be subject to the payment of differentiated registration fees, depending on the prerogatives and powers associated with each type of membership.
The introduction of additional types of memberships by FlyLux will be subject to an update of these C.G.C.
In any case, the specific characteristics of the additional types of memberships that FlyLux may introduce in the future will be illustrated in a special section of the Platform.
5.8 Following the activation of the Membership, the Registered User who acts as a Consumer pursuant to article 3, paragraph 1, letter a), of the Consumer Code (”Registered User Consumer”) has the possibility to exercise the right to withdraw from the Membership within fourteen (14) days from the date of activation of the Membership itself (”Rethinking Period”).
5.9 To exercise their right of withdrawal, the Registered Consumer User must submit to Flylux an explicit declaration of their desire to withdraw by means of a communication to be sent to the e-mail address info@flylux.io
5.10 If the right of withdrawal is exercised within the Rethinking Period, Flylux will reimburse the Registered Consumer User the Fee paid for the activation of the Membership.
The refund will be made by FlyLux on the same payment method used by the Registered Consumer User for the payment of the fee when activating the Membership.
If the Membership has been activated through the application of an Invitation Code, the Registered Consumer User will receive a refund only with respect to the possible amount of the Fee actually paid.
5.11 In the event that, before the expiry of the Rethinking Period, the Registered Consumer User uses the booking services offered by Flylux through the Platform and described in the following clauses 6.8 and following, the User in question acknowledges and accepts that he has lost the right of withdrawal and the right to a refund of the Fee paid.
For clarity, with the completion of a booking procedure on the Platform in accordance with the following clause 6.11 before the expiry of the Rethinking Period, the Registered Consumer User - also pursuant to and for the purposes of article 59, paragraph 1, letter o), of the Consumer Code - recognizes and declares:
(a) to have expressly authorized FlyLux to perform the services covered by these C.G.C.; and
(b) that you have consequently lost your right of withdrawal
5.12 The right of withdrawal referred to in this section is excluded if the Registered User is not a consumer under the Consumer Code, i.e. is a natural or legal person acting in the exercise of their business, commercial, craft or professional activity.
5.13 As indicated in clause 5.5, the Membership is valid for twelve (12) months starting from the date of activation.
5.14 The Registered User has the right, at any time, to request the deactivation of the Membership by means of a communication that must be sent to the e-mail address info@flylux.io.
Following this submission, the User will receive an e-mail confirming the deactivation of the Membership.
5.15 The deactivation of the Membership will take effect 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, the Registered User will not have any right to a refund of any payments previously made in favor of FlyLux.
5.17 However, after the deactivation of the Membership, the right for the User to activate the Membership again, at any time, in the manner set out in the previous clause 5.4, remains unchanged.
6.1 FlyLux publishes in the “Book now, choose flight options” section of the Platform the Proposed Itineraries in relation to which Registered Users can book one (1) or more Seats with the limits set out in clause 2.3 above. In order to view the Seats available on the Proposed Itineraries, the Registered User has the possibility to set specific search parameters on the Platform (for example, the departure airport, the departure date, the number of Seats that the Registered User intends to book) (”Visualization Services”).
6.2 Within the 'Book now, choose flight options' section of the Platform:
(a) an unworded flight option identifies a Proposed Itinerary for which no Seat has yet been booked;
(b) the wording “flight with n. Seat (s) sold” identifies a Proposed Itinerary in relation to which one (1) or more Seats have already been booked by 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 departure airport, the destination airport, the departure date, the departure time, the type of aircraft (light jet, superlight jet, midsize jet, heavy jet) and the capacity of the aircraft itself.
6.4 As indicated in clause 2.6 above, the Carrier that will carry out the Air Transportation will be identified by Flylux only after the expiry of the booking cancellation period referred to in the following clause 9.1 (b).
6.5 In the “Book now, choose flight options” section of the Platform, next to the Proposed Itineraries, the price for the Seat that the Registered User intends to book is also indicated (”Prix”). The amount of the Price is expressed in Euro (€).
6.6 In the event that, in relation to a specific Proposed Itinerary, no Seat should be sold within forty-eight (48) hours from the scheduled departure date of the flight, the Proposed Itinerary will be canceled from the Platform and no flights will be operated in relation to the Proposed Itinerary.
6.7 It is reiterated that the Viewing Services are reserved for Registered Users only.
6.8 Registered Users have the option of booking one (1) or more Seats on the Proposed Itineraries, corresponding to FlyLux the relative Price (“Booking Services”).
6.9 The Price must be paid by the FlyLux Registered User when booking the Seat (s). The payment of the Price must be made through electronic payment instruments (credit card, debit card, prepaid card, American Express).
When booking the Seat (s), the Registered User must also bear any taxes applicable to the booking itself.
The amount of any applicable taxes will be displayed by the Registered User at the time of booking on the screen that indicates the components of the final price to be paid to FlyLux.
For more information on the pricing policy applied by FlyLux, please refer to article 7 (“Pricing and Promotions Policy”) of these C.G.C.
6.10 FlyLux allows Registered Users to book one (1) or more Seats also on behalf of third parties, who will assume the status of Passengers. In this case, at the time of booking, the Registered User guarantees, under his sole responsibility, that he is legally authorized to act on behalf of such third parties.
In addition, the Registered User guarantees compliance with these General Terms and Conditions even by third parties in whose interest he acts.
6.11 The technical steps for booking Seats are summarized as follows:
(a) Access to the Platform by authenticating the Registered User's mobile device;
(b) Access to the “Book now, choose flight options” section of the Platform;
(c) Entering one (1) or more search parameters (such as departure airport, destination airport, departure date, number of Seat that the Registered User intends to book, etc.);
(d) Selection of the Proposed Itinerary published on the Platform in relation to which the Registered User intends to book one (1) or more Seats;
(e) Selection of the payment method;
(f) Before proceeding with the payment, review and express acceptance of the C.G.C. by the Registered User, on their own, or as a representative of the Passenger;
(g) Entering credit card details or other payment method accepted by Flylux;
(h) Entry of 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, residential address and e-mail address;
· if the User is a legal entity: company name, tax code, VAT/VAT number, registered office address, SDI code (if Italian legal entity) and/or e-mail address. If there is no coincidence between the Registered User and the holder of the invoice, the Registered User must send Flylux a communication in this regard by e-mail to info@flylux.io;
(i) Confirmation of payment;
(j) Confirmation of the completion of the Seat (s) booking process;
(k) Sending a confirmation e-mail to the e-mail address provided by the Registered User in the registration form. The receipt of the booking of the Seat (s) does not constitute an Air Carriage Contract.
In the following of these C.G.C., the procedure described in letters (a) - (k) above will be defined as”Reservation Procedure” and the successful booking by a Registered User of one (1) or more Seats will be defined as”Reservation”.
6.12 When booking, the Registered User is also required to provide, within the “Document Entry” section of the Platform, the following identification data and documents (i)Travel Documents”) of the passenger (s) in the interest of whom the Seat (s) is being booked:
· first and last name;
· sex;
· date of birth;
· citizenship;
· identity document: passport or identity card;
· number and expiration date of the identity document;
· photo of the first page of the identity document.
6.13 If the Registered User does not comply with clause 6.12 at the same time as the Booking, the Registered User will receive two subsequent communications from Flylux, twenty-four (24) hours apart, aimed at reminding the Registered User that it is necessary to provide the identification data and Travel Documents required by the said clause by accessing the “Reserved Area - Profile - Your Documents” or “Reserved Area - Your Flights - Upload Documents” sections of the Platform.
In any case, the discipline dictated by the following article 10 applies (”Travel documents”).
6.14 During the Booking Procedure, the Registered User will be notified of the possible existence of the conditions of applicability of a specific promotion in accordance with the provisions of the following clauses 7.12 and following.
6.15 With the correct completion of the Booking Procedure, the Registered User, in their own interest or in the interest of the Passenger, if they are a person other than the Registered User himself, entrusts FlyLux with the task of identifying the Carrier that will carry out, under a Transport Contract, the Air Transportation related to the Flight.
6.16 The Registered User who books one (1) or more Seats on a Proposed Itinerary recognizes 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 Proposed Itinerary selected by him.
6.17 In the event that, during the Booking Procedure, the Registered User tries to select the maximum number or the number immediately lower than the maximum number of Seats available in relation to a given Proposed Itinerary (for example, if the aircraft indicated by Flylux in relation to a given Proposed Itinerary has a maximum capacity of six (6) Seats and the Registered User indicates that they want to book five (5) or six (6) Seats), Flylux will propose to the Registered User to be contacted with their partner Over The Lux commercial office (via Ugo Foscolo, 4, Milan, 20121), so that the Registered User can eventually proceed with the rental of the entire aircraft. In any case, the provisions of clause 2.3 above apply.
6.18 In the event that the Registered User, after selecting a Proposed Itinerary, leaves the Platform without completing the Booking Procedure, Flylux reserves the right to send the Registered User communications of various kinds (advertising communications, service communications, etc.).
6.19 Please note that the Booking Services are reserved for Registered Users.
6.20 In the following of these C.G.C., the Viewing Services and the Booking Services will be jointly defined as the”Platform Services”.
7.1. The Price is dynamic, i.e. calculated automatically by the FlyLux system; as such, the Price may change.
In principle, the Price displayed by the Registered User in the “Book now, choose flight options” section of the Platform varies based on the number of Seats already purchased by other Registered Users in relation to the selected Proposed Itinerary and decreases progressively as the Seats available in connection with the Proposed Itinerary are booked by Registered Users.
7.2 The Registered User acknowledges and accepts that any additional Seats available in relation to the Proposed Itinerary selected by him may be booked by other Registered Users at a different Price, whose determination is left to the unquestionable judgment of Flylux.
7.3 Flylux reserves the right, at its sole discretion, to issue Promotional Codes that may allow Registered Users to benefit from discounts when making purchases on the Platform (Seat Reservation Procedure).
In this case, Flylux will modify these C.G.C. to regulate the methods used by Registered Users of Promotional Codes.
Flylux reserves the right, at its sole discretion, to issue Promotional Codes that may allow Registered Users to benefit from a discount when making purchases on the Platform (Seat Reservation Procedure). In this case, Flylux will modify these C.G.C. to regulate the methods used by Registered Users of Promotional Codes.
7.4 Flylux reserves the right to offer, at its sole discretion, to Registered Users different types of promotions (”Promotions”). By way of example and not exhaustive, Promotions may consist of: the application of a discount on the Price in favor of the Registered User who, as part of 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;
· in the application of a discount on the Price in favor of the Registered User who, as part of 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 by clause 2.3;
· in predicting favorable prices in relation to specific Proposed Itineraries, selected by Flylux at its sole discretion, if the booking of the Seat (s) by the Registered User takes place at a very close distance compared to the scheduled departure date of the Flight;
· in additional promotional initiatives that will be designed by Flylux.
7.5 The conditions and terms of use of the Promotions activated by Flylux are specified in specific regulations for the individual Promotions that will be made available on the Platform during the Booking Procedure if the applicable conditions exist.
7.6 The existence of the conditions of applicability of a specific Promotion will be reported to the Registered User during the Booking Procedure.
7.7 Flylux reserves the right to introduce mechanisms to avoid abusive use of Promotions by Registered Users. These mechanisms will be specified in the regulations governing the individual Promotions.
7.8 The Promotions cannot be combined with each other and cannot be combined with the Promotional Codes referred to in the previous clause 7.4, where introduced.
7.9 Flylux reserves the right to suspend, modify or cancel, at any time, any Promotion previously activated, without notice and without the obligation to justify the reason.
8.1 By virtue of the assignment received from the Registered User upon completion of the Booking Procedure pursuant to the previous clause 6.15, Flylux undertakes to the Registered User, to identify the Carrier that will carry out, under a Transport Contract, the Air Transportation.
8.2 All Air Transportation will be carried out, by means of flights charters, by major airlines in accordance with the regulations applicable to the carriage of passengers by air.
8.3 As indicated in clauses 2.5 and 6.4 above, Flylux undertakes to identify the Carrier only after the cancellation period of the Booking referred to in the following clause 9.1 (b) has elapsed.
8.4 Once the Carrier has been identified, Flylux undertakes to promptly communicate to the Registered User the identity of the Carrier, and to transmit to him the general contract conditions applied by the latter, any additional information relating to Air Transport that may be provided by the Carrier and the travel document in the name of the Passenger issued by the Carrier.
These documents and information will be sent to the e-mail address indicated by the Registered User in Form of registration.
With the express acceptance by the Registered User, on their own or as a representative of the Passenger, of the general contract conditions applied by the Carrier and with the issuance by the latter of the travel document in the name of the Passenger, the Contract of Carriage between the Passenger and the Carrier is concluded.
8.5 Flylux also undertakes to send, to the e-mail address indicated by the Registered User in Form of registration a summary document, in order to facilitate the knowledge and availability by the Registered User of information relating to the travel itinerary in relation to which they booked the Seat (s).
The inclusion, in this summary document, of warnings and/or information relating to Air Transport and the legal and contractual regulations applicable to it has a purely informational value and does not create any obligation for Flylux related to Air Transport.
8.6 Registered Users are informed that, at its sole discretion, the Carrier may (i) in the presence of a force majeure pursuant to clause 11.6 below, cancel, delay or redirect the Flight, and (ii) use an aircraft of a different type to the one originally indicated by FlyLux to carry out Air Transportation, without the Registered User and/or the Passenger being able to make any claim.
In these cases and, more generally, in all cases where communications related to Air Transport are necessary, FlyLux will promptly inform the Registered User, sending a communication to the e-mail address and/or a text message to the mobile number provided by the Registered User in Form of registration.
8.7 Flylux undertakes to transmit the Passenger's identification data and Travel Documents to the Carrier.
It is understood that Flylux assumes no responsibility for the completeness, suitability and veracity of the Travel Documents necessary for the Flight, in accordance with what is described in the following article 10 (”Travel documents”).
8.8 Please note that, without prejudice to the cases of default on the part of the Registered User and/or the Passenger provided for in clauses 10.3, 10.6, 12.1, and 13.1 below, the security reasons set out in clause 12.2 below, as well as the cases of force majeure referred to in subsequent clauses 11.6 and following, Flylux guarantees the Passengers to carry out the Flight.
8.9 Upon completion of the Booking Procedure, the Registered User:
(a) If it coincides with the Passenger, you undertake to conclude the Transportation Contract with the Carrier that will be identified by Flylux and to sign for this purpose the general terms of contract applied by the Carrier itself;
(b) If it does not coincide with the Passenger, it guarantees, under its sole responsibility, that it is legally authorized to conclude, in the name and on behalf of the Passenger, the Transport Contract with the Carrier that will be identified by Flylux and to sign for this purpose the general terms of contract applied by the Carrier itself.
8.10 As anticipated in clause 6.12, under his sole responsibility, the Registered User undertakes to provide, in the appropriate section of the Platform, the identification data and Travel Documents of each Passenger for whom he has booked a Seat, in compliance with the deadlines set out in article 10 (“Travel Documents”).
The Registered User, on their own or as a representative of the Passenger, authorizes Flylux to transmit the Passenger's identification data and Travel Documents to the Carrier.
8.11 Information relating to Air Transportation, including, for example, those relating to the limitations of the Carrier's liability, the deadlines for the action for compensation for damages, compensation in the event of death or injury, the delay in transporting passengers or baggage, the destruction, loss and damage to baggage, to luggage, to what can be carried on board the Carrier's aircraft, to the behavior that Passengers must carry on board the Carrier's aircraft, may be provided by the Carrier itself. These indications, if any, will be made available at the time of conclusion of the Transportation Contract between the Registered User, on their own or as a representative of the Passenger, and the Carrier.
8.12 Therefore, upon completion of the Booking Procedure, the Registered User:
(a) if it coincides with the Passenger, undertakes to also comply with all the information relating to Air Transport that will be provided by the Carrier;
(b) if it does not coincide with the Passenger, it undertakes, under its sole responsibility, to be legally authorized to bind the Passenger also to comply with all the indications relating to Air Transport that will be provided by the Carrier.
8.13 The Registered User, on their own or as a representative of the Passenger, is therefore responsible for compliance (i) of the general terms of contract applied by the Carrier and (ii) of all additional information provided by the Carrier in relation to Air Transport.
It is therefore understood that, in the event of a violation by the Registered User and/or the Passenger of the general contract conditions applied by the Carrier and/or any additional information that may be provided by the Carrier in relation to Air Transportation, the Registered User and/or the Passenger will have nothing to expect from Flylux.
9.1 In case of cancellation of the Booking, Flylux will reimburse the Registered User the following percentages, withholding the remaining percentage of the Price as a cancellation fee:
(a) 80% of the Price, if the cancellation of the Booking is made at least fourteen (14) days before the scheduled departure date of the Flight;
(b) 30% of the Price, if the cancellation of the Booking is made between fourteen (14) and seven (7) days before the scheduled departure date of the Flight;
(c) 0% of the Price, if the cancellation of the Booking is made less than seven (7) days before the scheduled departure date of the Flight.
9.2 In order to cancel the Booking, the Registered User must send a communication to the e-mail address info@flylux.io.
Following this submission, the User will receive an e-mail confirming the cancellation of the Booking.
9.3 Where the Seat (s) have been booked by the Registered User using a Promotional Code or Promotion, the reimbursement rates 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 on 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.
However, it is understood that, in the event that, due to the deadlines set by Policy applicable bank accounts, should the refund be credited to the payment method later, the Registered User will have nothing to expect from Flylux.
9.6 The Seat whose Booking has been canceled will be published again on the Platform and will then be made available to other Registered Users, who can book it through the Booking Procedure governed by clauses 6.8 and following, above. Flylux reserves the right to determine, at its sole discretion and in any case in the manner set out in article 7 above, the Price relating to the Seat whose Booking has been canceled and which, consequently, has been published again on the Platform.
10.1 Travel Documents mean:
(a) an identification document valid for expatriation (identity card for travel itineraries within the European Union and passport for travel itineraries outside the European Union);
(b) a valid document for entry into the destination country, where required by applicable law (for example, tourist visa).
10.2 It should be noted that it is the sole responsibility of the Registered User, on their own or as a representative of the Passenger, (i) to find out what the Travel Documents and other documents, including health documents (for example, health and/or vaccination certificate), are necessary for carrying out Air Transportation and for entering the destination country, and (ii) obtaining Travel Documents and any other document, even of a health nature (for example, health and/or vaccination certificate) that may be requested by the Authorities competent of the countries from which, to which or on which the Air Transport takes place. Flylux assumes no responsibility in this regard.
10.3 The Carrier may deny access on board the aircraft to the Passenger without the Travel Documents and/or other necessary documents, without the Registered User and/or the Passenger being reimbursed for the Price or any other form of compensation or compensation for damage.
In addition, if the Carrier must pay financial penalties, fines or penalties or in any case incur expenses of any kind due to the non-presentation of the documents required by the laws in force in the countries of departure, destination and/or transit, or the presentation of unsuitable documents, the Carrier may request the Passenger to reimburse such charges incurred for these reasons.
10.4 The Registered User and/or the Passenger will have nothing to expect from Flylux for the consequences deriving from the lack, unsuitability or falsehood of the Travel Documents and/or other documents, even of a medical nature, necessary for carrying out Air Transportation.
10.5 As anticipated 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 he has booked a Seat.
Unless the Registered User has already made the Reservation at the same time as the Reservation in accordance with the provisions of the previous clauses 6.12 and 6.13, the Registered User must provide identification data and the Passenger's Travel Documents no later than forty-eight (48) hours before the scheduled departure time of the Flight.
10.6 If Travel Documents are not uploaded within the deadline set out in clause 10.5 above, the carrying out of Air Transportation in favor of the Passenger to whom these Travel Documents refer is subject to the sole discretion of the Carrier.
It is understood that, if the Carrier decides not to carry out Air Transportation in favor of the Passenger whose Travel Documents have not been uploaded promptly, the Registered User and/or the Passenger will not be entitled either to a refund of the Price or to any other form of compensation for damage or compensation.
10.7 The technical steps for entering identification data and Travel Documents (if this entry takes place at a later time than the Booking) are summarized as follows:
(a) access to the Platform;
(b) access to the “Reserved Area” section of the Platform;
(c) access to the “Your flights” or “Profile” section of the Platform;
(d) choice of the option “Upload documents” or “Your documents”; confirmation within the Platform that the Travel Documents have been uploaded
11.1 Flylux's liability is limited to the provisions of these C.G.C.
11.2 In providing Platform Services, Flylux does not assume the role of carrier. This role, in fact, is played exclusively by the Carrier, who assumes all risks and all responsibilities related to carrying out Air Transportation.
11.3 The liabilities inherent to Air Transport cannot in any way be referred to Flylux, not even indirectly or mediated. Specifically, Flylux does not assume any responsibility in relation to injuries, damages, deaths, losses, accidents or delays due to any action or omission of the Carrier (and/or third parties that have a contractual relationship with the Carrier) or, more generally, that occur due to or in connection with Air Transportation.
11.4 No claim may be made against Flylux by Registered Users and/or Passengers regarding the execution of the Transportation Contract.
Any rights due to the Passenger based on the Contract of Carriage and the legislation applicable to it, including, for example, the right to compensation for damage in the event of death or injury to the person, must therefore be asserted by the Passenger against the Carrier.
11.5 In the event of a violation by the Registered User and/or the Passenger of the Transportation Contract concluded with the Carrier, Flylux will not be responsible in any way for any damages suffered or for any costs incurred by the Registered User and/or the Passenger as a result of this violation.
11.6 For the purposes of these C.G.C., force majeure means any unforeseeable and/or inevitable event and in any case beyond the control of Flylux and the Carrier, which, by nature and entity, is such as to prevent the fulfillment of the contractual obligations deriving from these C.G.C. and/or the Transportation Contract.
By way of example and not exhaustive, the following events are causes of force majeure: natural disasters, fires, floods, earthquakes; epidemics or pandemics; wars, civil uprisings, riots, embargoes; trade union disputes, strikes; accidents; total or partial failures of the aircraft and/or equipment used by the Carrier to carry out Air Transportation or other technical reasons.
Likewise, measures of any kind issued by any authority, both national and international, such as laws, decrees, judgments, orders, regulations, or measures of airport authorities that cancel, modify, alter the time slots assigned to individual flights, are also considered causes of force majeure.
11.7 In the presence of force majeure, the Carrier may, at any time and at its sole discretion, cancel, delay or redirect the Flight or use an aircraft of a different type for Air Transportation than the one originally proposed by Flylux. In such cases, no liability can be referred to Flylux.
The Registered User and/or the Passenger will have nothing to expect from Flylux and, in particular, they will not be entitled either to a refund of the Price or to other forms of compensation or compensation for damage from Flylux.
12.1 As prescribed in clause 8.11 above, the information relating to Air Transportation may be provided by the Carrier that will carry out the Air Transportation. These indications, if any, will be made available at the time of the conclusion of the Transportation Contract between the Registered User, on their own or as a representative of the Passenger, and the Carrier. By way of example and not exhaustive, these indications may concern:
(a) behavior on board the aircraft. Registered Users are informed that if, on board the Carrier's aircraft, the Passenger: (i) affects the safety of the Flight; (ii) You disturb other Passengers and the crew and you dare to behave in such a way as to cause them discomfort; (iii) cause damage to the aircraft, to people or to the things being carried; (iv) creates obstacles for the crew in carrying out their duties; and, more generally, (v) does not comply with the crew's provisions regarding proper behavior on board or compliance with procedures, may be subject to the measures and measures necessary to prevent or limit such behavior, including disembarkation.
Registered Users are also informed that, for reasons of flight safety, the Carrier may prohibit or restrict the use of electronic devices on board the aircraft, such as, by way of example, mobile phones, portable computers, portable recorders, portable radio devices, electronic games, etc.
Finally, Registered Users are informed that the Carrier may prohibit Passengers from smoking cigarettes, cigars, pipes, electronic cigarettes and other similar devices.
(b) prohibited items in the cabin and in the hold. Registered Users are informed that, as a rule, objects considered dangerous to flight safety, such as scissors, sharpeners, and Swiss knives, are not allowed to be transported in the cabin. Furthermore, as a rule, it is not allowed to carry substances and materials that, by their nature, may pose a danger to the aircraft, people or property on board the aircraft, such as those indicated in the Regulations on the Transport of Dangerous Goods adopted by ICAO and IATA. These Regulations include in particular flammable liquids and solids, explosives, fireworks, compressed gases (such as butane, oxygen, liquid nitrogen, camping gas), infectious, toxic and radioactive substances, firearms, ammunition, etc.
(c) The luggage. Registered Users are informed that Passengers may carry their luggage within the limits, conditions and deductibles provided by the Carrier. Registered Users are also informed that the Carrier will have the right to refuse acceptance for transportation, or to refuse to continue, if already accepted, of any object that is unsuitable for Air Transportation 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 discomfort or disturbance to other Passengers. Finally, Registered Users are informed that, for reasons related to Flight safety, Passenger luggage may be subject to checks and inspections even by means of special electronic or radiogenic equipment.
(d) the transport of animals. Registered Users are informed that the transportation of animals on board the aircraft following the Passenger requires the consent of the Carrier and is in any case subject to the possession by the Passenger of all the documents relating to the animal required by the Authorities of the countries of departure, arrival and/or transit, including in particular the passport, health and vaccination certificates and entry or transit permits. It is therefore the sole responsibility of the Passenger
(i) find out about any conditions and/or restrictions on the transport and/or entry of animals with reference to the countries affected by Air Transport and (ii) obtain all the necessary documentation for the transport and/or entry of the same. Registered Users are also informed that the Carrier has the right, at its sole discretion, to determine the mode of transport and to limit the number of animals that can be carried on a flight.
Finally, Registered Users are informed that the Carrier will not be responsible for any penalties, losses or expenses or for any further consequence that may result from the Passenger's failure to possess the necessary documents and/or from non-compliance with applicable rules and regulations.
12.2 Registered Users are informed that the Carrier may refuse or interrupt the Air Transportation of any Passenger and/or their baggage for security reasons. In such cases, the Registered User and/or the Passenger will have nothing to expect from Flylux.
12.3. Please note that the Registered User, on their own or as a representative of the Passenger, is solely responsible for complying with the instructions provided by the Carrier in relation to Air Transport.
13.1 If the Passenger does not show up within the time limit of twenty (20) minutes before the scheduled departure time of the Flight (c.d.”No Show”), the Carrier will be allowed to leave the departure airport without waiting for the Passenger to arrive.
In this case, the Registered User and/or the Passenger will have nothing to expect from Flylux and, in particular, they will not be entitled to a refund of the Price or to other forms of compensation or compensation for damage.
13.2 FlyLux may modify these C.G.C at any time. For example, Flylux may modify these C.G.C. for legal or regulatory reasons; for IT security reasons; to further develop or optimize the Platform, possibly offering additional services; to make technical adjustments.
In the event of substantial changes to these C.G.C., FlyLux will send a specific communication to the email address provided by the User when creating the User Profile.
In any case, any update or change to the General Terms and Conditions will be published in the appropriate “Terms and Conditions” section of the Platform and will be made available at the following link www.flylux.io/terms-and-conditions.
13.3 The Italian language version of these C.G.C. is the original one. In case of mismatch between the C.G.C. in Italian and the C.G.C. in another language, the C.G.C. in Italian will apply.
13.4 Should any provision of these C.G.C. be or become invalid or ineffective or cannot be applied, this will not affect the validity and applicability of the remaining provisions and of these C.G.C. as a whole.
14.1 By creating a User Profile, Users of the Platform acknowledge that, in the context of using the Platform, Flylux will process the personal data communicated by the Users. Information on the processing carried out is indicated in the privacy policy available in the appropriate section Privacy.
In the event that Flylux receives personal data from third parties from the User, the User undertakes to provide the interested parties involved with the information referred to in the privacy policy.
15.1 These C.G.C. are governed by Italian law.
15.2 In the event that the User of the Platform acts as a Consumer, all disputes that may arise in relation to these C.G.C., including those relating to their validity, effectiveness, interpretation and execution, may be established before the Court of the Consumer User's usual place of 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 their entrepreneurial, commercial, artisanal or professional activity, all disputes that may arise in relation to these C.G.C., including those relating to their validity, effectiveness, interpretation and execution, will be referred exclusively to the Court of Milan.
Pursuant to articles 1341 and 1342 of the Civil Code, the User of the Platform expressly declares to have read, understood and accepted the following sections:
clause 2.5 and 8.8 (guarantee of carrying out the Flight unless the Registered User and/or the Passenger fails to comply, for security reasons and/or for reasons of force majeure),
Clause 2.7 (FlyLux 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 Registered Consumer User's right of withdrawal),
clause 5.12 (exclusion of the right of withdrawal referred to in article 5 for the Non-Consumer Registered User),
clause 7.9 (reservation of suspension, modification and cancellation of Promotions), clause 8.6 (use of
aircraft of different types),
clause 8.13 (responsibility of the Registered User for compliance with the Carrier's general terms of contract and the indications relating to Air Transport),
clause 9.1 (penalty for cancellation of the Booking),
clause 10.2 (no liability on the part of FlyLux in relation to the documents necessary for carrying out Air Transportation),
clause 10.3 (Passenger without the documents necessary for Air Transportation and related consequences),
clause 10.4 (unsuitability or falsehood of the documents necessary for Air Transportation and FlyLux's absence of responsibility),
clause 10.6 (failure to upload Travel Documents in accordance with the terms and related consequences),
Article 11 (“Limitations of liability”) and specifically:
clause 11.1 (FlyLux's liability limited to the provisions of the C.G.C.),
clause 11.2 (FlyLux does not assume the role of carrier),
clause 11.3 (non-assumption by FlyLux of responsibilities related to Air Transport),
clause 11.4 (no liability on the part of FlyLux with regard to the execution of the Contract of Carriage),
clause 11.5 (no liability on the part of FlyLux for violations committed by the Registered User and/or the Passenger),
clause 11.6 (force majeure),
clause 11.7 (cancellations or delays)
due to force majeure and lack of responsibility on the part of FlyLux),
clause 12.1 (indications relating to Air Transport and any violation of the same),
clause 12.2 (interruption of Air Transportation for security reasons and FlyLux's absence of responsibility),
clause 13.1 (consequences of the No Show and FlyLux's lack of responsibility) and
clause 15.3 (Jurisdiction is exclusively competent if the Platform User acts as a professional).
