General Terms and Conditions
The following General Terms and Conditions (hereinafter referred to as “GT&C”) form an integral part of the contract between the client and livejet sagl (hereinafter referred as the Operator).
Modifications to the GT&C are only valid with the written confirmation of livejet.
- Carriage of passengers
The general conditions of the air carrier to which the aircraft belongs shall apply (whereas in case of any ambiguity the GT&C shall prevail), together with any further applicable statutory regulations (ex. the standards valid at the location at which the aircraft was registered).
Generally the air carriage of passengers on the basis of the contract with the Air Carrier is subject to the international and national regulations and, in particular, to the 1999 Montreal Convention, or, as this is not applicable, to the Warsaw Convention in its Hague Protocol version and the Montreal Protocol No. 2, as well as to EC Regulation 2027/97 (as amended in EC Regulation 0889/2002) and the Swiss Ordinance on Air Transport (Verordnung über den Lufttransport – LTV). The Air Carrier liability in the event of death or physical injury, damage to luggage is duly limited on the basis of the applicable statutory provisions.
The aircraft used have client accident cover.
Livejet makes every reasonable effort to transmit passengers and luggage efficiently and on time. However, according to applicable law and considering the safety of the flight, the allowed weight of the luggage for each flight is capitan’s decision. The flight time and departure, arrival time are indicated in the flight offer.
If necessary, livejet can modify or cancel the landing destinations and the intermediate stops listed in the flight offer without notice. In particular, livejet does not assume any responsibility for the loss of connecting flights.
All exclusions of liability and limitations of liability to livejet apply equally to their employees, agents and representatives, as well as to thirds whose aircraft have been chartered by livejet, including their employees, agents and representatives.
For security reasons, passengers are not allowed to have the following materials in or as their luggage except for specific permission: lithium batteries and/or pyrotechnical materials; explosives, ammunition, fireworks; gaseous substances (combustible, frozen or toxic); inflammable liquids, paints and solvents; highly inflammable materials, substances with a high danger of ignition or substances that develop combustible gases when in contact with water; oxidising substances; toxic and infectious substances; drugs; radioactive materials; mercury; magnetised materials and other materials on the list of the IATA Dangerous Goods Regulations. Excluded are medical appliances, toiletries, smoking requisites and alcoholic drinks where passengers are transporting these in small quantities and for their personal use.
if the aircraft offered is not available for reasons beyond livejet’s control or for technical reasons, livejet reserves the right, even without advance notification, to make available a similar aircraft at the same price for agreed schedule. In the event no substitute aircraft can be found, livejet is entitled to rescind the contract.
- Passenger’s documents
Customers are aware that they are responsible for ensuring that they have the necessary travel documents and valid visas for entry to their destination. Livejet assumes no responsibility for compliance with the rules governing the entry of passengers. If livejet has to pay fees or fines for missing documents or visas, the customer must keep livejet totally harmless in this regard and pay adequate compensation for the inconvenience that arises.
- Prices and taxes
- Livejet accepts credit cards (VISA, MasterCard, AMEX) on an exceptional basis. In such event livejet reserves the right to demand a fee of 4% of the total
- The client shall hold harmless and indemnify livejet for any and all taxes and fees incurred and payable in any country in connection with the confirmed
- Cancellation fees and terms of payment
Cancellation policy: 20% of the price after the confirmation; 10 days before departure date 40% of the price indicated in the offer; within 72 h before departure date will be charged a cancellation fee equivalent to 50% of the price; between 48 h and 24 h before departure date will be charged a cancellation fee equivalent
to 80% of the price; less than 24 h before departure date will be charged a cancellation fee equivalent to 100% of the price.
Additional costs due to changes and / or flight requests caused by the customer may be charged after the flight. In case these changes cause cancellation of the flight, cancellation fees apply.
Livejet will carry out flights after having received the acceptance of the GT&C and payment of the agreed cost.
The offer does not include the following costs:
- Special catering
- Additional costs due to weather conditions or any delays, diversion to airports determined by Air Traffic Control.
- Transfers, taxis,
- Sat Phone.
- Costs and extra charges for extending airport opening hours.
- Additional costs for war risk insurance for countries that are excluded by the coverage of the policies.
- Passenger Record
Authorities may require that livejet provide them with customer data for security and immigration reasons. Livejet is authorized to transfer Passenger Name Record (PNR) data to such authorities, including but not limited to: identity, nationality, date of birth of the passenger, home address, contact telephone numbers, itinerary, baggage information, changes to PNR. Data could be transferred to countries where data protection is not equivalent to that provided in the country of origin of the customer.
- Force Majeure
Failure to execute the offer/contract is a cause of non-imputability when it is made impossible for reasons of war, civil turmoil, strike or labor dispute, fires, floods, governmental acts, sudden or unexpected technical issue, atmospheric conditions or any other reason where failure to perform is beyond the control of the non-performing party.
- Arbitration clause
Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.
The number of arbitrators shall be one;
The seat of the arbitration shall be Lugano.
The arbitral proceedings shall be conducted in Italian.
Within 15 days from receipt of the Notice of Arbitration, the Respondent shall submit to the Secretariat an Answer to the Notice of Arbitration together, in principle, with any counterclaim or set-off defence. The time-limit with respect to the designation of an arbitrator shall be 15 days. If the circumstances so justify, the Court may extend or shorten the above time-limits. The Expedited Procedure shall apply and the dispute shall be decided on the basis of documentary evidence only. Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.