These general conditions of contract for FLIO (hereinafter referred to as the
“General Conditions”) govern the relationship between sostravel.com S.p.A. provider of FLIO app (hereinafter referred to as
“sostravel” or “Company”) and the customer (hereinafter referred to as the “User”)
For the purposes of these General Conditions, the terms indicated below in bold have the following meaning.
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APP:
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This means sostravel’s or FLIO's mobile application for iOS and Android systems, the relevant software, and all its subsequent developments, updates and/or changes.
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Baggage:
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any container treated with the Lost Luggage Concierge Service offered by sostravel, with the exclusion of the contents contained therein.
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General Conditions:
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these general conditions of contract, accepted by the User when their account is registered on the APP.
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Customer Care:
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the sostravel team which provides the Lost Luggage Concierge Service
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Damaging events:
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this means the Delayed Baggage Tracing and/or the Loss of Baggage.
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Airline Compensation:
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the sum awarded to the User by the Airline in the event of Loss of Baggage.
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Non-Delivery of Baggage:
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the non-delivery of the Baggage on arrival at the destination.
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Receipt Form:
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the meaning is indicated in section 3.3.4.
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Claims Form:
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the meaning is indicated in section 3.3.4.
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Penalty Form:
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the meaning is indicated in section 3.2.1.
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Withdrawal Period:
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the meaning is indicated in section 7.1
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PIR:
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case number issued to the User by the Lost & Found Office at
the destination airport in the event of Non-Delivery of Baggage.
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Complaints Procedure:
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this means the Procedure which the User is required to follow in the event of Non-Delivery of Baggage.
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Compensation Claim:
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this has the meaning referred to in section 3.3.3.
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Delayed Baggage Tracing:
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this means the finding of the Baggage after the period of 48 (forty-eight) hours starting from the filing of a report.
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Services:
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the services offered to the User by sostravel through the APP, as detailed in section 2.2.
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Loss of Baggage:
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this means the failure to find the baggage within 21 (twenty-one) days from the Non-Delivery of Baggage.
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Sostravel or Company:
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sostravel.com S.p.A., with registered office at ViaMarsala 34/A, 21013 Gallarate (VA), registered in Varese Companies Register under no. 03624170126 and in the Economic Administrative Register (REA) under no. 366690.
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Tag:
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identification code of the baggage issued by the airline to the User at the time of check-in.
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Active Tracking:
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The active Baggage tracing service (Tracking) allows the User to have information,
once a complaint has been filed, on the status of the tracing process, on the location and movement
of the Baggage, by email or notifications on the APP or via the web.
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User:
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any party which has downloaded the APP onto their mobile device and who uses the Services offered by
sostravel and described in these General Conditions.
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1.1
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The User may download the APP for free from the Apple Store (iOS version) or from Google Play (Android version) or Huawei AppGallery(Android version).
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1.2
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To be able to use the services offered through the APP,
the User is required to register their profile and create an account using the form provided by sostravel and providing, inter alia, the following information: first name and surname, date of birth, mobile phone number and valid email address. The personal data shared by the User shall be stored in a specific database managed by sostravel. All the personal data provided by the Users during the installation and/or use of the APP shall be processed by sostravel in accordance with the privacy legislation in force and the privacy notice adopted by the Company.
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1.3
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The User shall be responsible for complying with these General Conditions, which they shall accept in full when they register their account.
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1.4
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Use of the APP is permitted solely by those who have a fully functioning mobile device (smartphone or tablet), equipped with a mobile SIM connected to the
internet and a full battery and has the device’s localisation services activated.
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1.5
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Only Users who have a registered account can make an in-app purchase. Registration is validated after completing the requested information. The User certifies that all the information he provided at the time of purchase (including, but not limited to, personal data and payment data) is current and accurate in all relevant respects.
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1.6
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Registration made to purchase on the sostravel platform is reserved for adults. Any registration made by a minor under the age of eighteen (18) requires the prior authorization of its legal representative.
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1.7
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sostravel reserves the right to immediately close the User's account in the event that the information mentioned at the time of its opening is false.
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1.8
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Once registered, the User has a username and password that allow him to connect to his account. Only the account holder is authorized to log in using the login and password corresponding to that account. The User agrees to keep his password strictly confidential. Therefore, any connection through the User's account is considered to be made by the User himself or with his authorization, unless the User is able to prove otherwise.
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1.9
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User agrees to use the App exclusively for Sostravel services, and in any case for purposes permitted under applicable law, uses and customs, in a diligent manner and without infringing any third-party rights, under his/her own responsibility
The User shall, for example but without limitation:
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use the App in compliance with the intellectual and/or industrial property rights of Sostravel;
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not use or allow third parties to use, directly or indirectly, the App in violation of the current regulations, causing offence, direct or indirect damage to anyone, including oneself;
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keep in the utmost confidentiality and not transfer to third parties the management of any codes associated with the App;
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not carry out, by means of the service provided by Sostravel, acts aimed at hacking or attempting to hack the computer systems and/or the security of the networks of Sostravel or third parties, and/or the confidentiality of private messages, or otherwise acts intended to damage the integrity of the resources of others or to cause direct or indirect damage to anyone (e.g. pirated software, cracks, keygenerators, serials, computer attacks of any kind including DOS attacks, viruses or other harmful components);
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not take an active part in attempts to hack the computer systems and network security of Sostravel or third parties by means of the service made available by Sostravel that may give rise to civil and/or criminal liability;
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not access, by means of the App, the systems, networks and/or information of Sostravel and/or Third Parties who have not provided explicit authorization, by means of scanning/probing techniques, vulnerability tests, attempts to violate security or authentication measures;
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not create dangerous situations and/or instability and/or other problems of technical nature as a result of programming activities and/or methods of use that impact on the quality of service of the User or other Users so as to cause damage to them, to Sostravel and/or Third Parties;
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not carry out phishing or other similar illegal activity aimed at stealing personal data or other confidential information from users (e.g. access codes, passwords, user IDs);
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not use applications and/or scripts that cause malfunctions in the App or in the Sostravel server.
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3.1
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Features of the Lost Luggage Concierge Service
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3.1.1
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With the Lost Luggage Concierge Service, sostravel undertakes
to trace the User’s Baggage in the event of Non-Delivery of
Baggage. The service must be purchased before the start of
the flight through the APP, is registered in the User’s name
and may not be transferred to third parties. The process of
tracing the Baggage is managed through Active Tracking.
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3.1.2
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With active Tracking Customer Care takes a leading role in supporting the User. The Service is made possible by accessing the information on the movements of the baggage that are generated by the airport handlers and the SITA World Tracer dedicated portal. Customer Care provides the User with the information on the status of the Baggage tracing process, through telephone calls, notifications on the APP, emails or through accessing the sostravel web portal. For the Service to be provided properly, in the event of Non-Delivery of Baggage the User must carefully follow the Complaints Procedure and the instructions in the event of Damaging Events referred to in section 3.3 below, providing sostravel with the information and documents requested by the latter.
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3.1.3
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In the event of Non-Delivery of Baggage, sostravel undertakes to track down the Baggage within 48 (fourty-eight) hours of a complaint being submitted.
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3.1.4
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The Baggage search and trace operations shall in any case cease 21 (twenty-one) days from the Non-Delivery of Baggage. It is understood that sostravel offers Users support in searching for the Baggage, but it is not responsible for the localisation processes handled by the airlines or the airport handling companies, nor does it have anything to do with the internal search procedures of these parties. Customer Care is available 24 hours a day seven days a week by calling the following phone numbers: Italy +39 0691511041 , USA +1 305 4347126 , France +33 170615702 , Portugal +35 1300505951, Switzerland +41 435507016 , Canada +1 5143126536 , Poland +48 223906422 , Russia +7 8005517595 , Greece +30 2111987504 , Perù +51 1 6419495 or by sending an email to the address customercare@sostravel.com.
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3.2
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Penalty Clause
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3.2.1
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In the event of Damaging Events, sostravel shall pay Users who have purchased, activated and used the Lost Luggage Concierge Service in accordance with the provisions of these General Conditions, a sum of money calculated as set out below by way of a penalty, the right of claim any additional damages being expressly excluded (the “Penalty”).
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3.2.2
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The penalty shall be paid in the event of:
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Delayed Baggage Tracing;
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Loss of Baggage.
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3.2.3
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In case of delayed tracing of Baggage, the penalty will be:
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equal to Euro 100.00 (one hundred / 00) per day for each day following the expiry of the term referred to in paragraph 3.1.3 and until the actual finding of Baggage in the case of direct flights. The Penalty cannot in any case exceed the total sum of Euro 1,000.00 (one thousand / 00), even if more than 10 (ten) days have elapsed from the expiry of the term referred to in paragraph 3.1.3.
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equal to Euro 50.00 (fifty / 00) per day for each day following the expiry of the term referred to in paragraph 3.1.3 and until the actual finding of Baggage in the case of flights with a stopover. The Penalty cannot in any case exceed the total sum of Euro 500.00 (five hundred / 00), even if more than 10 (ten) days have elapsed from the expiry of the term referred to in paragraph 3.1.3.
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3.2.4
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In case of loss of baggage, the penalty will be paid after the User has received the compensation of the airline and for a sum equal to 60% of this compensation within the maximum overall limit of Euro 4,000.00 (four thousand / 00) .
As an example:
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if the compensation paid by the airline is equal to Euro 3,000.00 (three thousand / 00), the penalty the company pays will be equal to Euro 1,800.00 (one thousand eight hundred / 00);
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if the compensation paid by the airline is equal to Euro 4,000.00 (four thousand / 00), the penalty the company pays will be equal to Euro 2,400.00 (two thousand four hundred / 00);
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if the compensation paid by the airline is equal to Euro 10,000.00 (ten thousand / 00), the penalty the company pays will be equal to Euro 4,000.00 (four thousand / 00);
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if the airline does not pay any compensation, sostravel will not pay any Penalty or any other type of compensation.
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3.2.5
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The right of the User to receive the Penalty is subject to the condition: a) that the Baggage has been registered and handed over at the time of check-in (“baggage tag”) to the authorised airline personnel; b) that, following the Non-Delivery of Baggage, the User has carefully followed the Complaints Procedure and has followed the instructions in the event of Damaging Events described in section 3.3.
In the event of permanent loss of baggage, a penalty will be paid for a maximum limit of two suitcases over the course of three consecutive years.
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3.2.6
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It is understood between the parties that: a) if the Baggage is nevertheless traced, even after the period referred to in section 3.1.3, the User shall only be entitled to obtain payment of the
Penalty for the Delayed Baggage Tracing; b) the Penalty received by the User for the Delayed Baggage Tracing may not be combined with the Penalty for Loss of Baggage.
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3.2.7
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It is understood that the User shall not be entitled to receive payment of any Penalty or any other type of compensation: a) in the event of failure to follow the Complaints Procedure and the instructions in the event of Damaging Events referred to in section 3.3; b) if, in the case of Delayed Baggage Tracing, the User does not provide a copy of the documentary evidence of the delivery date of the
Baggage; c) if, in the event of Loss of Baggage, they do not provide suitable proof of payment of the Airline Compensation and of its amount; e) for expenses incurred for purchasing goods and any other expense or inconvenience resulting from any Damaging Event.
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3.2.8
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The User is expressly excluded from claiming any damages in addition to the Penalty paid to them in accordance with this article, which therefore exempts sostravel from any obligation towards the User as a result of the Damaging Event.
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3.3
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Complaints Procedure and Instructions in the event of Damaging Events
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3.3.1
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Reporting Procedure. In the event of Non-Delivery of Baggage, the User must immediately head to the Lost&Found office at the destination airport and fill in and hand over the PIR form at this office before leaving the airport. After filling in the PIR form, the User must also promptly report the Non-Delivery of Baggage to sostravel by phone, SMS or email to Customer Care, providing the data relating to the PIR form and the any documents requested by sostravel. The period referred to in section
3.1.3 shall begin when the Non-Delivery of Baggage is reported to sostravel.
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3.3.2
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Filing a report with the airline. After filling in the PIR form and reporting the Non-Delivery of Baggage to sostravel, the User must also report the Non-Delivery of Baggage to the airline and take the necessary steps for receiving Airline Compensation.
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3.3.3
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Penalty Claim Within and no later than 21 (twenty-one) days from the expiry of the period indicated in section 3.1.3, the User must send sostravel the penalty payment request (“Claim for Compensation”) by contacting sostravel Customer Care by telephone or email.
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3.3.4
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Document collection and completion and sending of the Claims Form and Receipt Form.
After sending the Claim for Compensation, the User shall receive by email a pre-completed
form containing the data gathered and the instructions to follow to obtain the Penalty (the “Claims Form”).
The User must enter, in a dedicated section of the SosTravel website or, alternatively, by sending Customer Care an email a copy of the following documents:
- PIR forum completed by the Lost & Found office of the destination airport;
- Flight ticket and/or boarding pass and tag issued by the airline;
- In the event of the Delayed Baggage Tracing, the waybill of the carrier which delivered the Baggage to the User or document issued by the airline when the Baggage is collected at the airport and showing the delivery date of the Baggage;
- in the event of Loss of Baggage, receipt from the airline which indicates the sum of the relevant Compensation together with the bank transfer slip or another proof of payment of the Airline Compensation;
- Signed and duly completed Claims Form.
- ID Card
- Proof of purchase
Once the aforementioned documents are received, Customer Care can produce the Compensation Claim for the necessary checks. If no anomalies are found, the User will receive via email a “Receipt Form”.
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3.3.5
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Collection and Approval of Receipt Form.
The User must return an electronic copy of the Receipt Form duly completed and signed, uploading it in a designated section of the Sostravel website or sending it by email (customercare@Sostravel.com) or fax (+39 0331 1582452) within 6 (six) months from the approval of the Claim. At the time of receipt of the Receipt Form duly completed and signed, Sostravel will verify compliance; if there are no anomalies, the Receipt Form will be approved within 5 (five) days.
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3.3.6
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Payment of the Penalty and Time Limits.
Sostravel will proceed to the payment of the Penalty within and no later than 90 days from the approval of the Request Refund Release.
After 6 (six) months from the opening of the Claim for Compensation, corresponding to the sending of the Claim Form referred to in article 3.3.4, sostravel, in case of non-delivery of the requested documents, or any other delay in the management of the Damage Event not attributable to the Company, the User's Claim for Compensation will be filed and the User will not be entitled to anything.
After 2 (two) months from the approval of the Claim for Compensation, corresponding to the submission of the Claim Form referred to in article 3.3.5, in case of failure to return the duly completed and signed Claim Form, or any other delay in the management of the Harmful Event not attributable to the Company, the User's Claim for Compensation will be filed and the User will not be entitled to anything.
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3.4
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Lost & Found Concierge Service fee and subscription
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3.4.1
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The Lost Luggage Concierge Service must be purchased before the start of the flight through the APP and is made available both on a “pay-per-use” basis and through an monthly subscription.
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3.4.2
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Pay-per-use: the User may purchase the Lost Luggage Concierge Service for a single trip or for a single piece of Baggage. The price of the Lost Luggage Concierge Service is that indicated in the relevant section of the APP at the time of its purchase.
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3.4.3
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Monthly subscription: The Lost Luggage Concierge Service may also be purchased as a monthly subscription. The activation of the monthly subscription allows access to the Lost Luggage Concierge Service for all the flights the User takes within thirty days of the purchase of the subscription and for all the baggage that the User takes with them each time (provided the baggage is registered in accordance with section 3.1.1 above). The price of the subscription is that indicated in the relevant section of the APP at the time of its purchase. The purchase of the monthly subscription will begin upon receipt by sostravel of the payment of the fee and will be renewed automatically, at the first, as well as at subsequent dates, for a further period of thirty days. For subsequent renewals, the fee shall be debited no earlier than 24 hours before the start of the new monthly subscription period. If the payment method selected by the User does not have the necessary funds to renew the subscription, the supply of the Service shall be suspended.
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