General Conditions of Sale and Transport

Article 1 – Contractual glossary and definitions of terms

For the purposes of these General Conditions of Sale and Transport (hereinafter, “GTC”), the terms indicated below have the meaning specified herein, unless otherwise expressly provided.

FlyWay

“FlyWay” means  FlyWay Srl , a company operating in the passenger and cargo air transport sector, whose business is the organization and management of charter flights with registered office in via Santa Maria Chiara, 144 – 09134 Cagliari, registered in the Company Register of the Chamber of Commerce of Cagliari and Oristano with VAT number: 0397529029 and REA: CA 353496 as resulting from the current official registers, in the capacity of contractual and/or operational commercial company.

Luggage

The term “Baggage” refers to all personal effects, movable property, and items for personal use or essentials that the passenger brings with them during the trip, including any animals permitted for transport according to the rules of FlyWay’s partner airline. This term includes both checked baggage and cabin baggage.

Checked baggage

Please indicate the baggage booked at the time of purchase on the website: www.flyway.it ready to be placed in the aircraft hold, identified by a special tag or registration receipt at the airport check-in desks.

Hand luggage

This is baggage that remains under the direct custody of the passenger during the flight and is transported inside the cabin, in compliance with the required size and safety restrictions.

Customer

It is the person who purchases the travel ticket, for himself or on behalf of third parties.

Check-in

Mandatory procedure through which the passenger confirms his or her presence on the flight and obtains boarding authorization.

Force majeure

Any unforeseeable, unavoidable event beyond FlyWay’s control that may affect the performance of the transport, including exceptional weather events, government restrictions, conflicts, strikes, health emergencies, or safety issues.

Boarding

Operational phase for passenger access to the aircraft according to the times and methods established by FlyWay and the airport management companies.

Itinerary

The set of routes purchased by the passenger that make up the overall journey.

Applicable legislation

The set of national, European, and international provisions in force regarding air transport, civil aviation safety, consumer protection, and carrier liability.

Passenger

It is the natural person who uses the air transport service on the basis of a valid travel document issued or authorised by FlyWay.

Tariff rules

These are the specific conditions associated with the fare chosen by the customer and govern the methods of use, changes, cancellations and validity of the travel ticket.

Contract Manager

It is FlyWay that, by concluding the transport contract with the passenger, assumes the related obligations.

Stopover

Planned or necessary interruption of the journey at an intermediate airport, for commercial, operational or safety reasons.

Additional services

Services additional to the main transport, including, but not limited to, seat selection, additional baggage, special meals, priority boarding and dedicated services.

Official website

FlyWay’s official digital portal,  www.flyway.it,  offers commercial information, terms and conditions, bookings, and customer support services.

Rate

Indicates the price applicable to the selected transport service, including the associated economic and operational conditions, including any restrictions, modification limits, refundability and ancillary services.

Deals with

It identifies the flight segment included in the ticket, carried out between two airports: one of departure and the other of arrival.

Acceptance deadline

This is the time limit by which check-in must be completed for the passenger to be admitted to the flight, which can be done immediately after purchasing the ticket.

Travel document

It is the document, paper or electronic, that certifies the conclusion of the transport contract between FlyWay and the passenger and allows access to the purchased services.

Operational vector

It is the airline that physically performs the flight on behalf of FlyWay.

Article 2 – Scope of application and regulation of the service

2.1 Object of the contractual conditions

These General Conditions of Sale and Carriage (“GTC”) govern exclusively the air transport services provided directly by FlyWay Srl, or marketed by the same as the contractual agent. These conditions govern the contractual relationship between FlyWay and the passenger limited to the services expressly included in the purchased travel ticket.

Any complementary or additional services, even if offered, promoted, or made available through FlyWay’s commercial channels, remain subject to the contractual conditions of the respective third-party suppliers and the regulations applicable to them.

2.2 Operations carried out by third-party carriers

FlyWay may market or operate transportation services under aviation commercial cooperation agreements, including, but not limited to, code-sharing agreements, Acmi Wet Lease, dry lease, interline, or other operating formulas established in the air transportation industry.

In such circumstances, the physical execution of the flight may be entrusted, in whole or in part, to a carrier other than the commercial charter flight company FlyWay.

If the transport is operated by a third-party carrier, the operating and transport conditions of the carrier actually responsible for carrying out the flight may also apply to the passenger, in addition to these GTC.

In the event of incompatibility or conflict between the provisions of FlyWay and those of the operating carrier, the conditions of the latter shall prevail with regard to the actual execution of the transport.

FlyWay undertakes to inform the passenger, with sufficient notice and within the limits established by current legislation, of the identity of the operating carrier responsible for the flight.

A similar disclosure obligation applies to any intermediaries authorized to sell.

2.3 Combined transport or with subsequent carriers

In the event that the trip is organised as a single transport divided into multiple segments operated by different carriers, these GTC will apply exclusively with reference to the flight segments performed by FlyWay’s partner carriers and identified by their carrier code.

Even if the journey is documented by a single travel ticket or by linked tickets, FlyWay’s liability remains limited to the transport services actually provided by it.

FlyWay is not liable for any failures, delays, cancellations or damages occurring during segments operated by other carriers, unless otherwise provided by applicable mandatory regulations.

2.4 Charter transport and tourist packages

In the event that air transport is carried out as part of charter operations or included in tourist packages organised by third parties, these GTC will apply only to the extent that they are expressly referred to in the travel contract, the transport voucher or the relevant commercial documentation.

In any case, the mandatory provisions of the legislation regarding travel packages, consumer protection and air carrier liability remain applicable.

Article 3 – Formation of the contract, issuance of the travel document and economic conditions

3.1 Completion of the contract

The transport contract between FlyWay Srl and the passenger is considered concluded when payment for the travel ticket is correctly made and confirmed by the company or authorized sales channels.

These General Conditions of Sale and Transport constitute an integral part of the contract and are deemed accepted by the customer at the time of purchase.

3.2 Booking and travel confirmation

The purchase of a travel ticket can be preceded by a reservation, made through official FlyWay channels or through authorized intermediaries.

The reservation is considered valid only after registration in the company’s computer system and confirmation via identification code (PNR) or equivalent.

If payment is not made within the deadline indicated at the time of booking, FlyWay may automatically cancel the booking without further notice.

Any price changes, airport taxes, security surcharges, or other charges imposed by third parties that occur between booking and actual purchase may result in an update to the final amount due.

3.3 Travel document and how to use it

Transport is permitted only to passengers in possession of a valid, duly issued ticket.

FlyWay may request at any time, up until the completion of the journey, the presentation of the ticket, boarding pass and a valid identity document to verify the correspondence between the registered name and the traveler.

The travel document:

• it is personal and nominative;
• it cannot be transferred to third parties, except where expressly permitted by the purchased tariff;
• it is valid only for the itinerary indicated at the time of purchase;
• must be used in the chronological order of the planned routes.

Unless otherwise specified in the fare, the travel ticket is valid for twelve (12) months from the date of issue.

3.4 Changes, cancellations and refund conditions

The options for changes, cancellations, or refunds depend on the fare selected at the time of purchase.

The specific applicable conditions are communicated before the conclusion of the contract and constitute an integral part of it.

Change requests must be made within the deadlines set by the relevant fare class.

FlyWay reserves the right to apply any price differences, administrative penalties, or management costs.

3.5 Impediments for health reasons

If the passenger is unable to travel for proven medical reasons, he/she may request:

• travel re-protection;
• the date change;
• the refund, where applicable.

The request must be communicated before the flight’s departure and accompanied by suitable health documentation issued by public or accredited facilities.

Unless otherwise authorized by FlyWay, the new trip must be completed within ninety (90) days of the cessation of the impediment.

Any companions on the same booking will be eligible for the same conditions, subject to availability.

3.6 Extraordinary events and death

In the event of the passenger’s death before the start of the trip, FlyWay may proceed with a full refund of the travel ticket, subject to verification of supporting documentation.

In the event of death during the trip, the portion of the service not yet used may be refunded.

Accompanying persons included in the same booking may request to reschedule the trip within forty-five (45) days of the event.

FlyWay may also consider requests for modifications or refunds in the event of a serious family bereavement, duly documented.

3.7 Shipping costs and additional charges

The total price of the travel ticket includes:

• the basic rate;
• mandatory taxes;
• airport charges;
• any regulatory or safety supplements.
• The following are not included, unless expressly provided:
• optional accessory services;
• land transport;
• third party services;
• additional insurance coverage.

The fares applied are those in force at the time the travel ticket is issued.

3.8 Special rates

Discounted or promotional rates may be subject to specific requirements, such as age, residency, professional category, or other special conditions.

FlyWay reserves the right to verify these requirements before boarding.

In case of lack of the required requirements, the company may:

• deny the tariff benefit;
• request payment of the price difference;
• deny boarding in the cases provided for.

3.9 Payment methods

Payment for FlyWay services must be made using the methods made available by the company at the time of purchase.

The payment currency will normally be that of the issuing country, unless otherwise indicated or operational requirements.

Management fees or administrative charges may apply depending on the purchasing channel used.

3.10 Seat selection on board

The passenger can request advance seat selection, free of charge or for a fee, based on the fare purchased.

If the fare does not include this option, FlyWay may automatically assign the seat at check-in.

The company undertakes to respect the preferences expressed, but does not absolutely guarantee the maintenance of the selected seat in the event of:

• aircraft replacement;
• operational needs;
• security reasons;
• load balancing needs.

If it is not possible to assign the purchased seat, FlyWay will refund the amount paid for this service.

Article 4 – Check-in procedures, access to the flight and passenger obligations

4.1 Obligation to submit and acceptance times

To use the transport service, the passenger is required to complete the acceptance procedures (check-in) within the deadlines established by FlyWay.

Check-in deadlines may vary depending on the departure airport, destination, security procedures, and the type of service purchased.

FlyWay will inform the passenger, at the time of booking or when issuing the travel ticket, of the times applicable to the first flight segment.

For subsequent or connecting flights, it is the passenger’s sole responsibility to check in advance that the technical times required to complete transit, security, and boarding procedures are compatible.

For certain categories of travellers, including but not limited to passengers with reduced mobility, unaccompanied minors, infants or passengers with pets, earlier check-in times may be required.

4.2 Availability of operational information

Information regarding check-in opening and closing times, gate presentation times, and operating procedures are made available through FlyWay’s official channels and form an integral part of the carriage contract.

The passenger is required to consult them before departure.

4.3 Delay in acceptance

If the passenger fails to complete check-in within the required timeframe, FlyWay may refuse transportation without the obligation to automatically reroute.

In such circumstances, the company may also cancel any subsequent legs included in the same itinerary, unless otherwise provided in the applicable fare rules.

Any requests for changes or refunds will be evaluated exclusively according to the purchased rate.

4.4 Presentation at the boarding gate

Once the check-in procedure has been completed, the passenger is required to present himself at the boarding gate by the time indicated on the boarding pass or communicated by FlyWay staff.

Failure to show up within the established time limit may result in the loss of the right to transport.

4.5 Failure to show up for boarding (No-show)

If the passenger does not show up in time for boarding, FlyWay will have the right to:

• reassign the seat to other travellers;
• consider the travel ticket unused;
• cancel subsequent segments linked to the booking.

The financial consequences of a no-show will be governed by the rate purchased.

4.6 Limitation of liability

FlyWay is not liable for any costs, damages, losses or expenses incurred by the passenger as a result of failure to comply with the timeframes, check-in procedures or boarding formalities set forth in this article.

4.7 Travel documentation

It is the passenger’s sole responsibility to be in possession, before departure and for the entire duration of the trip, of all the documentation necessary for the trip, including, but not limited to:

• valid identity document;
• passport, where required;
• entry or transit visas;
• health certifications;
• vaccination certificates;
• special authorizations required by the competent authorities.

The passenger is also required to verify the validity and conformity of the documents required by the authorities of the countries of departure, transit, and destination.

4.8 Verification of administrative formalities

FlyWay can provide general information regarding the documentary requirements for entry into various countries, but this information is for informational purposes only.

It remains the passenger’s sole responsibility to inquire with consulates, embassies, or competent authorities regarding the conditions of entry, stay, or transit.

FlyWay cannot be held responsible for denied boarding, entry, or transit resulting from incomplete, irregular, expired, or non-compliant documentation.

Article 5 – Denial of transport, suspension of service and operational restrictions

5.1 Right to refuse or interrupt transport

FlyWay Srl reserves the right to deny boarding, interrupt transportation, or prevent the continuation of the journey to the passenger or their baggage if this is necessary for reasons of safety, public order, regulatory compliance, or the protection of other passengers, the crew, or the aircraft.

This right can be exercised before departure, during boarding operations or during the journey, within the limits permitted by current legislation.

5.2 Causes that may lead to the denial or interruption of transport

FlyWay may adopt the measures referred to in this article in the following cases:

a)  when the transport is incompatible with provisions of law, regulations, administrative measures or restrictions issued by the authorities of the countries of departure, transit, overflight or destination;

b)  when FlyWay and the partner carrier receive specific written provisions or orders from the competent authorities, including health, customs, border or public safety authorities;

c)  when the transport of the passenger or his/her belongings could compromise the safety of the flight, the safety of the persons on board, the health and hygiene conditions or the regular conduct of operations;

d)  when the passenger’s behavior is aggressive, threatening, offensive, harassing, violent or in any case such as to cause significant disturbance to other travelers or FlyWay staff;

e)  when the passenger’s physical or psychological conditions appear incompatible with air travel, unless they have been previously communicated and authorised by the airline;

f)  in case of failure to comply with the instructions given by the on-board or ground personnel regarding safety, operational discipline or airport procedures;

g)  in case of refusal by the passenger to undergo the security checks required by the airport authorities or the airline;

h)  if the passenger has not paid the travel ticket, taxes, surcharges or other amounts due;

i)  in the event of absence, irregularity, invalidity or incompleteness of the documents required for travel, transit or entry into the destination country;

j)  if the passenger destroys, alters or refuses to show his travel or identity documents during the checks or during the flight;

k)  if the travel ticket is found to be fraudulent, altered, counterfeit, illegally acquired, revoked, reported as lost or used by a person other than the holder;

l)  when the passenger violates the provisions contained in these GTC, in the fare rules or in the procedures relating to the transport of baggage, animals or special services;

m)  if the passenger is included in internal lists of exclusion from transport (“No Fly List”) adopted by FlyWay for previous episodes of serious indiscipline, damage, aggression, threats or conduct that has compromised operational safety.

5.3 Consequences of refusal of transport

In the cases provided for in this article, FlyWay may:

• cancel the reservation;
• withhold or withdraw the travel document;
• deny boarding;
• interrupt transport at an intermediate stop;
• refuse to carry baggage;
• report the facts to the competent authorities.

In such cases, the passenger will not be entitled to any refund, unless otherwise provided by mandatory law or at FlyWay’s discretion.

5.4 Passenger Responsibility

The passenger will be responsible for all damages, costs, penalties, losses or expenses incurred by FlyWay as a result of his/her conduct, omissions or non-compliance with the travel documentation.

FlyWay reserves the right to seek full compensation for any damages suffered.

Article 6 – Transport of passengers with special needs and dedicated assistance services

6.1 General principles

FlyWay Srl guarantees, within the limits of applicable legislation, access to its transport services even to passengers requiring specific assistance or who fall into categories subject to particular operating conditions.

These categories include, for example:

• people with disabilities or reduced mobility;
• newborns and minors;
• passengers with special medical conditions;
• people who need health care support or dedicated assistance;
• pregnant women;
• passengers with special needs related to physical or personal conditions.

Admission to transport these categories may be subject to compliance with specific operational, health, or safety conditions established by law, the competent authorities, or FlyWay’s internal procedures.

6.2 Passengers with disabilities or reduced mobility (PRM)

The rights of people with disabilities or reduced mobility are recognised and protected in accordance with current European and international legislation.

FlyWay undertakes to facilitate the transport of such passengers and to coordinate, where necessary, the airport assistance services made available by airport managers.

To allow for adequate organisation of the service, the passenger is required to communicate any special needs at the time of booking or, in any case, with a minimum notice of forty-eight (48) hours before the scheduled departure time.

In the absence of prior notice, FlyWay will do everything reasonably possible to guarantee the service, but cannot guarantee its full availability.

Passengers are required to arrive at the airport well in advance of normal check-in times to allow for assistance, security, and boarding procedures.

If the passenger’s condition requires medical documentation or specific certifications, FlyWay may request their presentation and reserves the right to refuse transportation in the event of missing, incomplete, or non-compliant documentation.

6.3 Newborns and accompanied minors

Children under the age of two (2) may only travel if accompanied by a parent, legal guardian or other authorized adult.

Transportation methods, seat assignment, use of restraint systems, or any fare discounts are governed by the operating conditions applicable at the time of booking.

The accompanying person is fully responsible for the custody, supervision, and safety of the minor for the entire duration of the trip.

6.4 Minors travelling unaccompanied

FlyWay can offer, upon request, a dedicated service for minors travelling unaccompanied (“Unaccompanied Minor Service”), subject to availability, age requirements and payment of any supplements.

The permitted age groups, operating procedures, and required documentation are established by the airline based on the route, applicable regulations, and travel conditions.

The parent or legal guardian is required to:

• fill out the required documentation;
• indicate the persons authorised to deliver and collect the minor;
• ensure availability throughout the entire trip.

FlyWay reserves the right to refuse transportation of the minor if the documentation is incomplete, irregular, or insufficient.

6.5 Autonomous minors and parental responsibility

Minors who have reached the minimum age required by applicable law to travel independently may be transported without using the dedicated assistance service.

Parents, guardians, or accompanying adults remain responsible for any damage caused by the minor to persons, property, or the company, including damage to staff, passengers, or operational facilities.

FlyWay may take action to recover any damages or costs incurred.

If temporary accommodation or extraordinary assistance is required during the trip, the minor must obtain the necessary authorizations required by the host facilities or local authorities.

FlyWay is not responsible for the consequences resulting from the absence or irregularity of such authorizations.

6.6 Passengers with special medical conditions

Passengers suffering from pathologies, specific clinical conditions or requiring medical devices, oxygen therapy, healthcare assistance or special support measures are required to inform FlyWay in advance.

FlyWay may request medical documentation, fitness-to-fly certification, or additional information necessary to assess the compatibility of transportation with operational and safety conditions.

In the absence of these requirements, FlyWay may limit, condition or deny transportation.

6.7 Pregnant passengers

Pregnant passengers may be subject to specific restrictions based on their gestational age, health conditions, and the safety regulations adopted by the airline.

FlyWay may require medical certification attesting fitness to travel, particularly near the end of pregnancy or in the presence of particular conditions.

Failure to present the required documentation may result in refusal of transportation.

6.8 Passenger information obligations

It is the passenger’s responsibility to provide complete, accurate, and timely information regarding any special needs, health conditions, or personal circumstances that may affect their travel.

FlyWay will not be responsible for any disruptions, limitations, or impossibility of transportation resulting from omissions, inaccurate declarations, or late communications by the passenger.

Article 7

Baggage regulations, transport limits and operating conditions

7.1 General rules on baggage transport

The passenger has the right to carry personal baggage in compliance with the conditions set forth in the purchased fare, operational limitations and applicable safety regulations.

The allowances relating to weight, size, number of pieces and type of baggage allowed are determined by FlyWay and communicated during the travel ticket purchase process, as well as through the company’s official channels.

The provisions of this Article govern the carriage of cabin baggage, checked baggage, special baggage and restricted items.

7.2 Hand luggage

Passengers may only carry on board hand luggage permitted under their purchased fare and compliant with the size, weight, and safety limits established by FlyWay.

Hand luggage must be able to fit:

• in the appropriate storage compartments;
• under the seat in front, where permitted;
• in any other space authorized by the on-board staff.

All items carried in the cabin remain under the custody and exclusive responsibility of the passenger.

7.2.1 Cabin access restrictions

FlyWay reserves the right to refuse carriage in the cabin of baggage or objects that:

• exceed the permitted limits;
• have characteristics incompatible with the safety or comfort of other passengers;
• may hinder emergency operations;
• are found to be unsuitable in form, content or nature;
• cannot be safely accommodated.

In such cases, where possible, FlyWay may transfer the baggage to the hold, applying any applicable economic conditions.

7.3 Checked Baggage

Baggage destined for the hold must be handed over during check-in and must be contained in suitable packaging to ensure safe handling.

Upon registration, FlyWay will issue a special receipt or identification label.

Checked baggage can be transported at no additional cost only within the limits of the baggage allowance provided for by the purchased fare.

If the baggage exceeds the permitted limits for:

• weight;
• volume;
• number of packages;
• typology,

FlyWay may require the payment of a supplementary fee according to the current price list.

7.3.1 Excess and additional baggage

All items exceeding the allowances included in the travel document are considered excess baggage.

The transport of such baggage is subject to:

• to the availability of operating space;
• to the technical limitations of the aircraft;
• upon payment of the relevant supplements.

FlyWay reserves the right to refuse excess baggage in case of safety, total weight or load capacity restrictions.

7.3.2 Separate transportation of baggage

For operational, safety, or aircraft balance reasons, FlyWay may transport checked baggage on a different flight than the passenger’s.

In such cases, FlyWay will deliver the baggage as quickly as reasonably possible, barring customs, regulatory, or logistical impediments.

7.4 Special items and special baggage

Items requiring special care, protection or treatment — including, but not limited to, musical instruments, sports equipment, delicate technical devices or items of high value — may only be accepted for carriage with prior authorization from FlyWay.

FlyWay may establish:

• special modes of transport;
• specific limitations;
• dedicated economic supplements;
• purchase of additional seat, where necessary.

Acceptance remains subject to space availability and compliance with safety standards.

7.5 Transport of animals

Animals permitted for transport are subject to the specific conditions established by FlyWay and to the health, customs, and entry regulations applicable in the countries involved in the trip.

Transport can take place in the cabin or in the hold, depending on the type, size and current regulations.

Any costs related to the transport of animals are considered additional services and are not included in the baggage allowance, unless otherwise indicated.

7.6 Flights operated by third-party carriers

If the trip includes segments operated by carriers other than FlyWay’s partner carriers, different rules regarding baggage, allowances, surcharges and limitations may apply.

The passenger is required to check in advance the conditions applicable to the individual carriers involved.

FlyWay is not responsible for any fare or operating differences resulting from the application of third-party carrier rules.

Article 8 – Contents of baggage, prohibited items and security checks

8.1 Responsibility for the contents of baggage

The passenger is solely responsible for the contents of his or her baggage, whether checked or carried in the cabin.

All items placed in your baggage must comply with applicable regulations, airport security regulations, international civil aviation regulations, and FlyWay’s operating procedures.

FlyWay may update the limitations on transportable items at any time based on regulatory, technical or safety requirements.

8.2 Prohibited or Restricted Items

You may not include in your baggage, either in the cabin or in the hold, any items whose possession, transport or use is prohibited by law or applicable security regulations.

They are also subject to specific limitations, or to an absolute ban on transport, for example:

• flammable, explosive or corrosive substances;
• toxic or radioactive materials;
• lithium batteries beyond permitted limits;
• weapons, ammunition or offensive instruments;
• compressed gases;
• hazardous chemicals;
• unauthorized blunt or sharp objects;
• any item classified as dangerous goods.

The passenger is required to check the applicable rules in advance before departure.

8.3 Items not permitted in checked baggage

FlyWay recommends not including items of particular economic, personal, or professional value in your checked baggage.

Among these, by way of example:

• cash;
• jewels and precious metals;
• personal or travel documents;
• securities, securities or financial instruments;
• electronic equipment;
• computers, tablets and phones;
• cameras and professional equipment;
• essential medicines;
• fragile or perishable objects;
• works of art or collectibles;
• personal or company keys.

FlyWay assumes no responsibility for loss, theft, deterioration or damage to such goods if placed in checked baggage in violation of these conditions.

8.4 Right to refuse baggage

FlyWay may refuse to accept or discontinue carriage of any baggage or item which, in the reasonable opinion of the company, is:

• unsuitable for air transport;
• not properly packaged;
• exceeding the permitted technical limits;
• potentially dangerous;
• likely to cause damage to the aircraft, persons or other baggage;
• incompatible with operational or safety requirements.

This right may also be exercised after the baggage has been accepted, if new or undeclared circumstances emerge.

8.5 Safety checks and inspections

For security reasons, FlyWay, airport authorities, or competent authorities may subject the passenger’s baggage and personal effects to checks, inspections, or checks, including by electronic means, scanners, or physical opening of the baggage.

These checks may also be carried out in the absence of the passenger, where permitted by applicable legislation.

Refusal by the passenger to submit to checks or to allow inspection of baggage may result in:

• refusal of boarding;
• refusal to transport baggage;
• cancellation of the trip;
• reporting to the competent authorities.

8.6 Return of checked baggage

Checked baggage will be delivered to the rightful owner upon presentation of the registration receipt or other document proving ownership.

If the passenger is unable to produce the required documentation, FlyWay may make the return conditional upon the presentation of sufficient proof of ownership and the issuance of a specific release.

Acceptance of baggage without immediate complaint constitutes a presumption of proper delivery, unless proven otherwise within the limits of the law.

8.7 Transport of pets

The transport of pets is permitted only in compliance with the operational, health, and documentary conditions established by FlyWay and the competent authorities.

Animals must be transported in suitable containers that comply with the technical standards required for air transport.

It is the passenger’s sole responsibility:

• check the conditions for entry or transit of animals in the countries involved in the trip;
• verify the animal’s health suitability for flight;
• obtain all the required health, veterinary, and administrative documentation.

FlyWay is not responsible for any refusals of entry, quarantines, fines, expenses, or other consequences resulting from document irregularities or failure to comply with applicable regulations.

8.8 Assistance dogs

Certified assistance dogs intended to accompany passengers with disabilities are transported in accordance with current legislation and FlyWay operating procedures.

Il loro trasporto può essere effettuato senza costi aggiuntivi, nei limiti previsti dalla legge e previa presentazione della documentazione richiesta.

Articolo 9 – Programmazione operativa, variazioni del servizio e gestione delle irregolarità di volo

9.1 Pianificazione dei voli e validità degli orari

Gli orari dei voli pubblicati da FlyWay, indicati nei sistemi di prenotazione, nei titoli di viaggio o comunicati attraverso i canali ufficiali della FlyWay, hanno valore indicativo e rappresentano la programmazione operativa prevista al momento dell’acquisto.

FlyWay si impegna a operare i voli secondo la pianificazione comunicata, fermo restando che l’attività di trasporto aereo è soggetta a variabili tecniche, operative, meteorologiche e regolatorie che possono influire sulla puntualità e sulla regolarità del servizio.

Gli orari, gli aeroporti, le tratte e la sequenza operativa del viaggio possono pertanto subire modifiche prima o durante l’esecuzione del trasporto.

9.2 Cause di variazione, ritardo o cancellazione

FlyWay potrà modificare, ritardare, riprogrammare o cancellare un volo qualora ciò sia reso necessario, a titolo esemplificativo, da:

• condizioni meteorologiche avverse;
• limitazioni del traffico aereo;
• disposizioni delle autorità aeronautiche o aeroportuali;
• restrizioni di sicurezza;
• guasti tecnici o esigenze manutentive;
• scioperi o agitazioni sindacali;
• eventi straordinari o di forza maggiore;
• emergenze sanitarie o restrizioni governative;
• cause operative non prevedibili.

In tali circostanze, FlyWay adotterà misure ragionevoli per limitare il disagio e garantire, ove possibile, soluzioni alternative.

9.3 Comunicazioni al passeggero

Il passeggero è tenuto a fornire alla compagnia recapiti aggiornati, inclusi numero telefonico e indirizzo e-mail, al fine di ricevere tempestivamente eventuali comunicazioni relative a:

• variazioni operative;
• ritardi;
• cancellazioni;
• modifiche dell’itinerario;
• trasferimenti su voli alternativi.

FlyWay non sarà responsabile per la mancata ricezione di comunicazioni derivante da dati inesatti, incompleti o non aggiornati forniti dal passeggero o da terzi intermediari.

9.4 Ritardi operativi

In caso di ritardo nella partenza o nell’arrivo, FlyWay fornirà assistenza nei limiti previsti dalla normativa applicabile e compatibilmente con la situazione operativa concreta.

Il ritardo non costituisce automaticamente inadempimento contrattuale qualora sia dovuto a circostanze esterne, straordinarie o non imputabili a FlyWay.

Eventuali forme di compensazione economica o rimborso saranno riconosciute esclusivamente nei casi previsti dalla legge. (collegare link carta dei diritti passeggero di Enac)

9.5 Cancellazione del volo

Qualora un volo venga cancellato, FlyWay informerà il passeggero nel più breve tempo ragionevolmente possibile e, ove previsto dalla normativa vigente, offrirà una delle seguenti opzioni:

• rimborso del titolo di viaggio per la parte non utilizzata;
• riprotezione su altro volo disponibile;
• rescheduling of the trip to a later date, subject to availability.

The specific handling methods will depend on the nature of the cancellation, operational availability, and applicable law.

9.6 Denied boarding and overbooking

In the event of denied boarding for operational reasons, including possible overbooking, FlyWay will apply the applicable regulatory provisions regarding assistance, re-routing, reimbursement, and compensation.

The right to compensation is excluded in cases where the denied boarding is attributable to the passenger, including, by way of example:

• irregular documentation;
• failure to comply with check-in times;
• failure to comply with these General Conditions of Sale;
• reasons of security or public order.

9.7 Class placement in a different class

If, for operational reasons, FlyWay assigns the passenger a lower class of transport than the one purchased, any refund or compensation measures provided for by current legislation will be applied.

In the event of assignment to a higher class, unless otherwise communicated, no additional payment will be required.

9.8 Reference legislation

Delays, cancellations, denied boarding, downgrades, and any other operational irregularities are governed by the national, European, and international regulations applicable at the time of the flight.

These provisions operate independently of these General Conditions of Sale and prevail in the event of a conflict.

Article 10 – Refunds, returns and credit methods

10.1 General Refund Rules

The refund conditions applicable to the travel ticket purchased are determined by the fare selected by the passenger at the time of conclusion of the transport contract.

Each rate may include specific limitations, exclusions, penalties or special conditions in relation to:

• voluntary cancellation of the trip;
• change of booking;
• failure to show up for the flight (“no-show”);
• partial use of the travel ticket;
• purchased ancillary services.

The tariff conditions form an integral part of the transport contract and prevail, where compatible, over the general provisions of this article.

1 0.2 Persons entitled to request reimbursement

The refund can be requested exclusively:

• by the passenger whose ticket is issued;
• by the person who actually made the payment;
• by a person expressly authorized through appropriate delegation.

If the payment was made by a person other than the passenger, FlyWay will proceed with the refund exclusively to the original payer, unless otherwise formally documented.

Refunds made in good faith based on the information available at the time of the request are considered validly made and release FlyWay from any further obligations.

10.3 Unused or partially used tickets

In the event of non-use of the travel ticket, the refund will be made within the limits permitted by the purchased fare.

If the fare does not provide for a refund of the basic fare, the passenger may still be entitled to a refund of any airport taxes, government fees, or other mandatory charges not accrued as a result of the failure to use the flight, unless otherwise provided by law.

In the event of partial use of the travel ticket, any refund will be calculated exclusively with reference to the unused sections, taking into account the applicable fare conditions.

10.4 Reimbursement of ancillary services

Additional services purchased separately from the travel ticket (such as, for example, extra baggage, seat selection, priority services, special assistance or other complementary services) are refundable only in cases expressly provided for by the specific conditions of the service or by applicable legislation.

Unless otherwise specified, these services are considered non-refundable once confirmed.

10.5 Terms for requesting a refund

The refund request must be submitted within the maximum deadline established by the fare conditions or, in the absence of this, within twelve (12) months from the expiry date of the travel ticket.

After this period, the right to a refund will be deemed to have lapsed, unless otherwise provided by mandatory law.

For tickets purchased through intermediaries, travel agencies, or other authorized parties, the refund request must be submitted primarily through the same purchase channel, unless otherwise specified by FlyWay.

10.6 Refund methods

FlyWay reserves the right to make the refund using:

• the same payment method used for the purchase;
• the same currency originally used;
• other equivalent instruments, where permitted by law or agreed with the passenger.

Any differences resulting from currency exchange rates, bank commissions, brokerage costs, or fees imposed by third parties will not be attributable to FlyWay.

10.7 Verifications and suspension of reimbursement

FlyWay may temporarily suspend refund processing if it is necessary to carry out checks relating to:

• to the identity of the applicant;
• to the legitimacy of the request;
• to the regularity of the original payment;
• to possible fraud, disputes or improper use of the travel ticket.

In such cases, the refund will be made only after the checks have been successfully completed.

Article 11 – Rules of conduct on board and powers of the captain

11.1 Authority of the captain and obligations of passengers

During all phases of flight, the aircraft commander exercises full operational, disciplinary and decision-making authority in accordance with applicable national and international aviation regulations.

All passengers are required to fully comply with:

• the instructions given by the Commander;
• the provisions of the on-board staff;
• the safety, order and behavior procedures required by the company.

Failure to comply with these provisions may result in the adoption of immediate measures to ensure the safety of the flight, people, and goods transported.

11.2 Prohibited behaviors

Passengers are prohibited from engaging in any behavior that could compromise safety, the smooth running of the flight, or the well-being of others on board.

The following are considered prohibited behaviors, by way of example:

• acts of violence, threats, intimidation or aggression;
• state of alteration due to alcohol, narcotic substances or medicines;
• verbal or physical harassment;
• failure to comply with crew instructions;
• voluntary or negligent damage to the aircraft or its equipment;
• disturbing public order on board;
• improper use of emergency equipment;
• interference with crew operational activities;
• behaviors that cause serious discomfort to other passengers.

11.3 Measures that can be adopted by the company

If the passenger’s behavior is deemed inappropriate, dangerous, or incompatible with flight safety, FlyWay, through the Captain or authorized personnel, may take any measures deemed necessary, within the limits of the law, including:

• formal recall;
• restriction of movements on board;
• change of assigned seat;
• suspension of on-board service;
• reporting to the competent authorities;
• immediate disembarkation at the first available port;
• refusal to continue transport.

Such measures may be taken without the passenger being entitled to any refund, compensation or indemnity.

11.4 Liability for damages

The passenger is personally liable for any damage, cost, loss or economic consequence resulting from his/her illicit, imprudent or contrary behavior to these General Conditions of Sale.

FlyWay reserves the right to seek full compensation for damages suffered, including:

• material damage to the aircraft;
• extraordinary operating costs;
• delays attributable to the passenger’s conduct;
• legal fees;
• third party requests.

11.5 Future transportation limitations

In the event of serious or repeated misconduct, FlyWay may place the passenger on an internal list of persons subject to transportation restrictions or bans (“No Fly List”).

Registration may result in denial of boarding on future flights of the company for a fixed or indefinite period, depending on the severity of the event.

11.6 Use of electronic devices

The use of personal electronic devices on board is permitted only within the limits and according to the methods indicated by the on-board staff.

FlyWay may limit, suspend, or prohibit the use of devices that may interfere with on-board systems, communications, or safety procedures.

Essential medical devices are exempt from these restrictions, provided they are previously communicated and authorized by the company where necessary.

The passenger is responsible for the technical compliance and correct use of their devices.

11.7 Smoking ban

Smoking is strictly prohibited in any area of ​​the aircraft on all flights operated by FlyWay.

The ban includes:

• traditional cigarettes;
• electronic cigarettes;
• personal vaporizers;
• similar devices.

Violation of this prohibition may result in:

• the application of the sanctions provided by law;
• the adoption of immediate disciplinary measures;
• claims for compensation for any damages or costs resulting therefrom.

Article 12 – Travel documentation, regulatory obligations and administrative controls

12.1 General obligations of the passenger

Use of the transport services offered by FlyWay is subject to compliance with all applicable legislative, administrative, and regulatory provisions in the countries of departure, transit, and destination.

The passenger is solely responsible for checking in advance the conditions required for entry, stay, or transit in the territories affected by the trip.

Failure to comply with these obligations may result in denial of boarding, interruption of the journey, or rejection by the competent authorities.

12.2 Travel documents and entry requirements

The passenger is required to be in possession, for the entire duration of the journey, of valid, authentic documents that comply with current regulations, including, but not limited to:

• passports;
• identity cards valid for travel abroad;
• entry or transit visas;
• residence permits;
• parental authorizations for minors;
• health or vaccination certificates;
• any further documents required by the competent authorities.

FlyWay assumes no responsibility for missing, irregular, incomplete, invalid, or non-compliant documentation.

12.3 Consequences of irregular documentation

If the passenger does not have the necessary documentation or presents invalid, altered, false or non-compliant documents:

• FlyWay may deny boarding;
• FlyWay may interrupt the transport;
• The passenger will lose the right to travel without refund, unless otherwise provided for in the fare or mandatory regulations.

Any costs, losses or damages arising from such circumstances will be borne entirely by the passenger.

12.4 Reimbursement of expenses incurred by the company

The passenger is required to reimburse FlyWay for all sums, expenses, penalties, deposits, administrative costs or other charges that the company may incur due to:

• of the lack or irregularity of documents;
• of the refusal of entry by the authorities;
• of the expulsion or repatriation of the passenger;
• of the violation of customs, immigration or health regulations.

FlyWay may withhold or offset such amounts using any sums already paid by the passenger for future or not yet performed services.

12.5 Document acquisition and processing

The passenger authorizes FlyWay, where necessary for legal, security, or operational management obligations, to view, record, acquire copies, or transmit travel documents to the competent authorities.

Personal data will be processed in compliance with current legislation regarding the protection of personal data and privacy.

12.6 Refusal of entry or expulsion

In the event that the passenger is refused entry, refused admission or expelled from a State, he will be responsible for:

• any fine or penalty imposed by the authorities;
• retention costs;
• repatriation costs;
• any additional costs incurred by FlyWay.

In such circumstances, the passenger will not be entitled to a refund for the journey already made or for any sections already used.

12.7 Safety checks and inspections

The passenger is required to undergo all security, identification, customs, and health checks required by law or by the competent authorities.

Such checks may concern:

• the passenger’s person;
• hand luggage;
• checked baggage;
• personal effects.

FlyWay may request additional checks if there are operational or safety reasons.

Refusal to undergo these checks will result in legitimate refusal of transport, without the right to any refund or compensation.

12.8 Regulatory information and updates

The information provided by FlyWay regarding documentary or health requirements is for informational purposes only and does not replace official checks at:

• embassies;
• consulates;
• immigration offices;
• health authorities;
• competent government bodies.

In any case, it remains the passenger’s sole responsibility to verify the accuracy and updating of the travel conditions.

Article 13 – FlyWay’s liability, compensation and applicable limits

13.1 Applicable legislation

FlyWay’s liability in relation to the air carriage of passengers and baggage is governed by the national, European and international regulations in force at the time of the damaging event, including, where applicable:

• the Montreal Convention of 28 May 1999;
• the Navigation Code;
• Regulation (EC) No. 2027/97 and subsequent amendments;
• Regulation (EC) No 889/2002;
• any other applicable legal or regulatory provision.

These provisions prevail over these General Conditions of Sale in the event of a conflict.

13.2 Areas of responsibility

FlyWay may be held liable only in cases provided for by law, in particular for:

• death of the passenger;
• personal injuries sustained during transportation;
• delays in passenger transport;
• delays in baggage delivery;
• loss, destruction or damage to baggage.

All liability will be assessed within the limits, conditions, and exclusions set forth by applicable law.

13.3 Death or personal injury of the passenger

FlyWay is liable for damages resulting from death or personal injury of the passenger if the event that caused the damage occurred:

• on board the aircraft;
• during boarding operations;
• during landing operations.

Liability will be subject to the economic limits established by the Montreal Convention and applicable laws, except where liability is excluded or reduced by law.

13.4 Advances in case of accident

Where required by law, FlyWay may pay advances to those entitled to compensation, solely to meet immediate needs arising from the event.

The disbursement of such sums:

• does not constitute an acknowledgement of liability;
• may be deducted from any final compensation.

13.5 Delay in passenger transport

FlyWay is liable for damages resulting from delays in transport only within the limits established by applicable legislation.

FlyWay will not be liable if it proves that it has taken all measures reasonably necessary to avoid the damage or that such measures were impossible to take.

13.6 Delay in delivery of baggage

In case of delay in the delivery of checked baggage, FlyWay may be liable within the limits set by the Montreal Convention.

The passenger must demonstrate the damage actually suffered and comply with the complaint terms set out in this article.

13.7 Loss, destruction or damage to baggage

FlyWay is responsible for checked baggage from the moment of acceptance until it is returned to the passenger, unless it is proven that the damage was caused:

• from intrinsic defects of the baggage;
• from normal wear and tear;
• from inadequate packaging;
• from fragile or perishable contents;
• due to circumstances not attributable to the company.

For carry-on or unchecked baggage, FlyWay is only liable in cases where the damage is directly attributable to the airline.

Normal aesthetic alterations resulting from ordinary handling, such as scratches, surface dents or wear of external elements, do not constitute compensable damage.

13.8 Items excluded from liability

FlyWay is not responsible for the loss, theft or damage of valuables included in checked baggage, such as, for example:

• money;
• jewels;
• documents;
• electronic devices;
• credit titles;
• works of art;
• fragile or perishable goods.

The carriage of such goods in checked baggage is at the passenger’s sole risk.

13.9 Special declaration of value

The passenger may request a higher liability limit for checked baggage by making a special declaration of value at check-in and paying any applicable supplement.

In the absence of such a declaration, only the standard legal limits will apply.

13.10 Complaints relating to baggage

Any complaints must be submitted in writing by:

• seven (7) days from delivery, in case of damage;
• twenty-one (21) days from the return, in case of delay.

Failure to submit a complaint within the above-mentioned timeframe will result in the forfeiture of the right to take action, except in cases provided by law.

The delivery of baggage without reservations constitutes a presumption of regular return, unless proven otherwise.

13.11 Contracting carrier and operating carrier

Each flight is operated by FlyWay’s partner carrier and the passenger will be able to exercise the rights provided by law with respect to:

• of the contractual carrier;
• of the operational vector.

Liability will be determined based on the actual role played by FlyWay and the carrier. 

13.12 Deadline for legal action

Any legal action for compensation for damages against FlyWay must be brought within two (2) years, calculated from the date of arrival at destination, the expected date of arrival or the date of interruption of transport.

After this period, any right of action will be deemed to have been definitively extinguished.

Article 14 – Out-of-court dispute resolution

14.1 Attempt at amicable settlement

FlyWay promotes the preventive, amicable, and out-of-court resolution of any disputes that may arise with passengers in relation to transport services, ancillary services, or the application of these General Conditions of Sale.

Before initiating any legal action, the passenger is invited to submit a formal complaint through the official channels made available by the company.

FlyWay undertakes to examine the complaint within a reasonable time and to provide feedback in accordance with applicable legislation.

14.2 ADR (Alternative Dispute Resolution ) procedures

If the complaint is not resolved satisfactorily, the passenger who qualifies as a consumer may avail himself of the alternative dispute resolution (ADR) bodies recognized under current European and national legislation.

ADR procedures allow for the independent, impartial, and generally cost-effective out-of-court resolution of disputes compared to traditional procedures.

Any recourse to ADR procedures remains optional, except in cases where the law requires it.

14.3 European ODR Platform

For contracts concluded online, FlyWay informs consumers that the European Commission provides a digital platform for online dispute resolution (ODR – Online Dispute Resolution).

Through this platform the consumer will be able to:

• submit complaints relating to services purchased online;
• identify competent ADR bodies;
• initiate mediation or digital composition procedures.

Access to the ODR platform is available at the following address: https://consumer-redress.ec.europa.eu

14.4 Limits of the extrajudicial procedure

Any use of ADR or ODR procedures does not affect the passenger’s right to appeal to the competent judicial authority within the limits and according to the procedures established by law.

It remains understood that the limitation or forfeiture periods established by applicable law continue to apply unless suspended by law.

Article 15 – Contractual Integrity, Updates and Waivers

15.1 Validity and integrity of the General Conditions of Sale

These General Conditions of Sale constitute an integral and essential part of the transport contract concluded between FlyWay Srl and the passenger and govern the contractual relationship in their entirety, unless otherwise provided by the applicable mandatory legislation or specific fare conditions.

Each ticket purchase implies full knowledge and acceptance of these conditions.

15.2 Amendments and waivers

No modification, addition, suspension or derogation to these General Conditions of Sale will be valid unless formalized in writing by FlyWay or by persons expressly authorized by FlyWay.

Verbal statements, unofficial information, or communications from unauthorized personnel will in no way affect the rights and obligations arising from the transport contract.

15.3 Updating the conditions

FlyWay reserves the right to update, modify, or integrate these General Conditions of Sale at any time for operational, regulatory, or commercial reasons.

The changes will be effective only for contracts concluded after their publication on FlyWay’s official channels, unless otherwise provided by law.

15.4 Partial nullity

The possible nullity, ineffectiveness or invalidity of one or more clauses of these General Conditions of Sale will not entail the nullity or ineffectiveness of the remaining provisions, which will continue to produce full effect between the parties.

Any invalid clauses will be replaced, where possible, by provisions that comply with applicable law and are as consistent as possible with the original intention of the parties.

15.5 Prevalence of mandatory legislation

In any case, it remains understood that no provision contained in these General Conditions of Sale may limit, exclude or derogate from the rights granted to the passenger by mandatory national, European or international regulations applicable to air transport.

Article 16 – Protection of personal data and processing of information

16.1 Purpose of the processing

FlyWay Srl, as the data controller, collects and processes the data provided by the passenger exclusively for purposes related to the execution of the air transport contract, the management of reservations, ancillary services, customer support, administrative, tax, and regulatory obligations, as well as to protect operational safety.

Data processing is carried out in compliance with current legislation on the protection of personal data.

16.2 Applicable legislation

FlyWay processes personal data in compliance with Regulation (EU) 2016/679 (“GDPR”), Legislative Decree no. 196/2003, as amended by Legislative Decree 101/2018, as well as other applicable national and European provisions.

16.3 Methods of processing

Personal data may be processed both electronically and in paper form, in compliance with the principles of lawfulness, fairness, transparency, data minimization, integrity, and confidentiality.

FlyWay adopts appropriate technical and organizational measures to ensure the security of the data processed.

16.4 Communication of data to third parties

To perform the service, FlyWay may communicate the passenger’s personal data to third parties, such as:

1. airports, handlers and ground handling operators;
2. commercial partners and operating carriers in case of code-share,
3. interline or combined services;
4. travel agencies and authorized intermediaries;
5. providers of technology, administrative and payment services;
6. public, customs, health, security or immigration authorities, where required by law.

These entities will process the data as data controllers or independent data controllers, as required by law.

16.5 Special categories of data

If the passenger requests specific services that require the processing of sensitive data, including health data, FlyWay may process such information to the extent strictly necessary for the requested service, in accordance with Article 9 of the GDPR.

Failure to provide such data may make it impossible to provide the requested service.

16.6 International transfers

In the event that transportation involves countries outside the European Union, personal data may be transferred to entities located outside the European Economic Area, exclusively in compliance with the guarantees provided by the GDPR and applicable legislation.

16.7 Emergency contacts

In accordance with international aviation safety regulations, FlyWay may allow passengers to indicate, during or after booking, an emergency contact to be used exclusively in the event of an accident or serious operational event.

This data will be processed exclusively for this purpose.

16.8 Rights of the interested party

The passenger may exercise at any time the rights provided for in Articles 15 et seq. of the GDPR, including:

• access to personal data;
• rectification or update;
• cancellation in the cases provided for;
• limitation of processing;
• opposition to processing;
• data portability;
• withdrawal of consent, where applicable.

Requests may be sent to FlyWay’s official contact details or to the Data Protection Officer, where appointed.

16.9 Privacy Policy

Complete information regarding the processing of personal data, retention periods, the legal bases for processing, and how to exercise your rights is available in the Privacy Policy published on the official FlyWay website.

16.10 Post-flight communications and service quality

FlyWay may send passengers post-trip communications aimed at assessing their satisfaction with the service received, improving operational quality, and fulfilling obligations under aviation regulations.

The passenger may object to receiving such communications at any time through the channels indicated therein.

NOTE: This Policy Privacy has been translated into English for informational purposes and transparency. In case of discrepancies, the original Italian version shall prevail.