“Authorised agent” - natural or legal person authorised by law, under an agreement with the air carrier, to represent the passenger in the sale of air transport services.
“Prohibited items” - weapons, explosives or other devices, items or dangerous substances prohibited by international laws, as well as any other items prohibited by the air carrier.
“Luggage” - personal goods and items accompanying the passengers during the journey, which can be transported either as hold luggage or as hand luggage.
“Hand luggage” - any luggage allowed on board in the cabin, which remains in the passenger’s custody throughout the journey.
“Hold luggage” - luggage the air carrier agrees to take over, to which an identification tag is attached.
“Travel ticket” - fully paid travel ticket, identifiable by the PNR code or in the form of an electronic ticket, depending on the reservation system used, stating the name and surname of the passenger/s, the PNR code, the itinerary, the date and time of departure, the fare and any fees charged, as well as other information relevant for the journey.
“Electronic ticket” - itinerary recorded by Fly Lili or on behalf of Fly Lili in electronic tickets, containing data on the passenger’s name, the travel route, the flight number, the flight date, the fare and any fees charged.
“Call Centre” - reservation and information support centre, available at the telephone numbers indicated on the Company’s website www.flylili.com.
“Boarding pass” - printed or electronic document provided with a bar code, issued by the Departure Control System (DCS), following the check-in procedure, performed either online or at the airport, and the boarding is allowed based on this document.
“Fare class” - fare rate for a travel ticket at the time of querying the Fly Lili reservation system.
“Charter” - a contractual agreement by which an entity (agency/company) leases the operation of an aircraft by an airline on a certain route, according to a certain schedule.
“Check-in” - procedure for registering passengers and their luggage, and for issuing the boarding pass and any luggage tags, for a certain flight, in accordance with the
services reserved and paid by the passenger in the manner and within the time specified by the carrier.
“Online check-in” - procedure performed via the Company’s website for the registration of passengers and any luggage thereof, the issuance of the boarding pass for a certain flight, in accordance with the services reserved and paid by the passenger.
“Passenger Name Record - PNR” - unique data code in the form of an alphanumeric code consisting of 6 (six) characters issued to a passenger or authorised agent following the travel ticket reservation. The PNR is valid only for identifying the reservation in the reservation system for the requested flight. The PNR data contains both details regarding the passenger’s journey (date of travel, itinerary) and personal information (passenger's contact details). PNR data may be used in accordance with applicable laws.
“Code-share”- a commercial agreement under which an airline places its designator code on a flight operated by another airline and sells tickets for such flight.
“Connection” - the connection between 2 (two) or more legs of a flight in one direction, purchased by the passenger and indicated in a travel ticket.
“Convention” - any of the following instruments:
of 09 October 1997;
Any reference to international regulations, European regulations and national regulations will be deemed to include any modification, amendment, correction or update thereof.
“Electronic coupon”- part of the travel ticket which indicates the flight leg the passenger is to travel on, stored in digital format in the carrier’s computer-based reservation system.
“Personal data” - any information about an identified or identifiable individual (the “data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier (e.g. a name, an identification number, location data, an online identifier), or by reference to one or more many elements specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity;
“Damages” - damage caused by the injury or death of a passenger, the loss, damage or theft of hold luggage, any missing contents thereof, or other damage arising from or related to the transport or other secondary services provided by the air carrier.
“Damage caused by the passenger” - damage caused by the passenger to the air carrier.
“DEPA” - person for whom a deportation order has been issued, who is accompanied by a special escort appointed by the authorities of the respective state.
“DEPU” - person for whom a deportation order has been issued, who is not accompanied by a special escort.
“SDR” - a special drawing right, being the virtual currency of the International Monetary Fund. The SDR value is based on a basket of five major currencies - US Dollar, Euro, Chinese Yuan, Japanese Yen and Pound Sterling.
“Stopover” - the place (except for the boarding and disembarking places) indicated in the flight schedule as a scheduled stop in the itinerary.
“Luggage identification tag”- document issued by the person authorised by the air carrier with the sole purpose of identifying the hold luggage, consisting of 2 (two) parts (one attached to the luggage, another detachable and handed to the passenger) containing information such as: passenger’s name, date, flight, number of checked-in luggage pieces, luggage weight.
“Limited Liability Tag” - luggage identification tag attached to fragile, damaged, bulky, improperly packaged, checked late or oversized luggage, which will be accepted for transport only if it bears the “limited liability” luggage tag. Fly Lili will not be held liable for such luggage.
“EURO” - the currency unit adopted by the European Community in accordance with Article 118 and Article 123 of the Treaty establishing a European Community, being the official currency of the Eurozone.
“Force Majeure” - unusual and unforeseen circumstances, beyond the control of the passenger or the air carrier, the consequences of which could not have been avoided even if all possible precautions had been taken.
“Group” - a minimum number of 10 (ten) passengers travelling together on a predetermined route, under a contract concluded with the air carrier.
“Infant” - person aged between 0 (zero) and less than 24 (twenty-four) months on the date of travel, who cannot be assigned a seat on the plane; he/she can only travel accompanied by an adult, who must hold the infant in his/her arms. The person must be an infant on the actual date of the travel.
“Itinerary” - information on air transport services, communicated to the passenger following the reservation, which contains the name and details of the flight (place of departure, place of arrival and place of stop, if any), the time of departure, the time of arrival, the seat number (if purchased), as well as references to the Travel Conditions.
“Crew member” - person hired by Fly Lili to perform tasks on board of an aircraft, in accordance with the aeronautical procedures.
“Unaccompanied minor” - any person aged between 6 (six) and 14 (fourteen) years on the effective date of the travel, who travels unaccompanied by an adult, in accordance with the relevant legislation. In the case of Romanian citizens, the maximum age limit for an unaccompanied minor is 18 (eighteen) years.
“Off block” the moment when the aircraft begins to move under its own power, either from a boarding gate or from a parking stand, in order to take off.
“On block” - the moment when the aircraft reaches a final stop, either at a landing gate or at a parking stand, after landing.
“Operating carrier” - the airline actually operating the flight (providing the aircraft, the crew and the ground handling services), under a code-share agreement.
“Web page” - the official website www.flylili.com made available to passengers by Fly Lili, enabling the passengers to make reservations/payments/enter personal data online and to find out information about the services offered by Fly Lili.
“Passenger” - person holding a valid travel document, travelling with the consent of the carrier and assigned a seat on board of the aircraft, except for the flight crew members.
“Disabled person or person with reduced mobility” - any person having difficulties as a result of a physical disability (sensory or locomotor, permanent or temporary), of an emotional or cognitive disability or deficit, or of any other cause of disability or age, and the situation of whom requires due attention and adaptation of generally available services to his/her particular needs.
“Property Irregularity Report - PIR” - claim for delay of or damage to luggage filed with the Luggage Assistance office, before leaving the area of the luggage carousels at the arrival airport. PIR is an indispensable part of a luggage claim file.
“Personal data processing” - any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.
“Claim” - notification filed by a passenger with an air carrier, observing the format, manner, term and address indicated by the latter, whereby the passenger expresses a dissatisfaction with the services offered by the air carrier.
“Route” - route consisting of one or more flight legs, operated by the aircraft, from the place of departure to the final destination.
“Flight leg” - a single flight between 2 (two) points (airports) on the same aircraft, having the same flight number.
“Additional services” - any products and services the passenger may benefit from in connection with the air transport, other than the air transport, but related to it, services that may be offered by Fly Lili or by third party suppliers (e.g. transport of hold luggage, sports equipment, pets, extra leg room service, food, hotel services, road transport services, etc.).
“Special services” - assistance services provided to passengers requiring special attention (persons with reduced mobility, unaccompanied minors, etc.).
“Priority boarding service” - service offering passengers priority when boarding the plane over the other passengers.
“Inquiry” - inquiry made to the air carrier by the passenger, whereby the latter requests from the air carrier information on the services offered.
“Fare” - the value of the air transport service, reserved by the passenger, for a certain itinerary. The fare for a travel ticket for domestic routes (Romania and Italy) also includes VAT (Value Added Fee).
“Mandatory fee” - fee or tax levied by various institutions in exchange for services rendered or certain rights. These mandatory fees are inherent in performing the air transport service.
“Additional fee” - fee collected by the air carrier from passengers in exchange for providing services additional to the air transport.
“Third party” - any natural or legal person, except for the passengers, the Company and its employees.
“Segment” - a single flight, without intermediate stop, with a single take-off and a single landing, between 2 (two) points (airports), on the same aircraft and with the same flight number.
“Flight” - air transport of passengers and their luggage, from the time of the off- block to the time of the on-block.
“Charter flight” - flight performed under a charter type arrangement.
“Code-share flight”- a flight operated by an air carrier which may be both the carrier the passenger has entered into a contract of carriage with (contract carrier) and another carrier (actual carrier) the contract carrier has associated its designation code with.
“Connected flight” - a flight with at least one intermediate stop requiring a change of the flight equipment and flight number.
“Stopover flight” - a flight operated with at least one intermediate stop between the airport of origin and the airport of destination. In this case, the aircraft equipment and/or flight number do/does not mandatorily change.
“International flight” - flight departing on the territory of a state other than the state of landing.
“Domestic flight” - flight departing and landing on the territory of the same state.
“Multi-leg flight” - flight consisting of 2 (two) or more inseparable flight legs, sold under a single PNR code.
“Days” - calendar days.
2.1 GENERAL CONDITIONS
Except as provided in Article 2.2, the Travel Conditions apply only to flights or flight legs for which Fly Lili’s name or designator code is indicated on the itinerary. The Travel Conditions printed on travel tickets, electronic coupons, luggage identification tags or any other travel document accepted by the air carrier, are included in these Travel Conditions.
2.2 CHARTER/CODE-SHARE OPERATIONS
If the transport is carried out under a charter agreement or a code-share agreement, the Travel Conditions apply insofar as they are incorporated, by reference, in the charter/code-share agreement.
Any complaint related to transport services performed under a code-share agreement must be filed with the actual air carrier.
2.3 PRECEDENCE
In the case of inconsistencies between the Travel Conditions and other provisions we may set forth in connection with certain topics, these Travel Conditions will take precedence.
3.1 GENERAL PROVISIONS ON TRAVEL TICKETS
Travel tickets, together with the Travel Conditions and information published on the carrier’s website (www.flylili.com), make up the Contract of Carriage concluded between passengers and Fly Lili.
Fly Lili carries only the passenger whose name is on the travel ticket, and the passenger is required to hold a valid identity document and any other document provided by law, depending on the destination, domestic or international, as provided by law.
3.2 TRAVEL TICKET RESERVATION
Passengers can book travel tickets for Fly Lili flights using one of the following methods:
a) Website;
b) Fly Lili partner agencies/companies;
c) Call Centre Service;
The reservation of a travel ticket for a certain Fly Lili flight is confirmed at the time of full payment. Fly Lili reservation system issues the PNR code for the reservation, together with the travel itinerary and the payment confirmation. This confirmation will be sent by email, telephone or by delivering the ticket in physical format, according to the way the passenger made the reservation. In the case of Internet reservations, i.e. reservations made on Fly Lili website, the PNR code will be displayed on the screen at the end of the transaction and subsequently sent by email to the buyer. Fly Lili recommends printing the itinerary since this document contains information that may be requested during the check-in process. The passenger does not have to reconfirm a flight for which a PNR code has been issued.
The passenger is required to check if he/she received the documents mentioned above (i.e. the travel ticket or the itinerary and payment confirmation) at the email address provided, and, if any of these documents was not provided, the passenger is required to contact Fly Lili, either through the contact form on the Company’s website or through the Call Centre Service, to report the situation and receive a solution.
Fly Lili is not liable if the passenger reports to the check-in office at the airport without full payment information and without the ticket itinerary, Fly Lili being thus entitled to refuse to board the passenger in question, without him/her being able to benefit from his/her rights under by Regulation (EC) No 261/2004 on compensation.
The passenger and/or his/her agent is exclusively liable for the correct entry of the personal contact data to receive the booking confirmation and the electronic ticket.
3.3MODIFICATION OF THE DATA ENTERED ON THE TRAVEL TICKET
The travel ticket is valid only for the route indicated on it, from the place of departure to the destination, on the date and for the flight indicated on it, only for the passenger whose name is on the ticket.
If the passenger wishes to change the travel data (i.e. the passenger’s name, departure date or arrival date), he/she must act in accordance with the provisions below, in order to make the change.
Any change is subject to the Fare Rules and can be made up to 6 (six) hours until the departure date. Such changes made by the passenger may lead to the recalculation of the fare, and, in the case of differences between the initial fare and the new fares, the passenger will have to pay this difference as well as the fees valid on the date of the change.
When departure date or arrival date are changed online, such change will apply to all passengers provided in the reservation. If the name is changed online, such change will only apply to the passenger concerned.
If the changes are intended only for part of the passengers on a PNR code, such change can be made only by contacting the Call Centre Service.
Name changes on a reservation are no longer allowed if the ticket itinerary includes several flight legs, and the travel date for one of the legs is earlier than the current date, regardless of whether it was used or not.
The date change on a reservation is allowed only at a fare class higher than or at least equal to the one at which the initial ticket was purchased.
3.4 SEATING
Passengers can reserve any seat available on the plane upon the ticket reservation.
Fly Lili reserves the right to determine the seating of passengers on the aircraft, even after boarding, if necessary, for operational or flight safety or security reasons. In the case of passengers who purchased preferential seats on the first row of seats or on the row assigned to emergency exits and who, for operational or flight safety or security reasons could not use them, as they were reassigned to a seat for which a fee lower than the one for the initially chosen seat is charged, the air carrier will reimburse the difference in value or fee paid for the preferential seats.
As an exception to the rule above, the fee paid for the preferential seat will not be reimbursed to the passengers who have paid this fee even though they do not meet the necessary eligibility conditions for occupying such seats.
Passengers who do not have the right to travel on preferential seats are part of the following categories:
3.5 CANCELLATION OF THE RESERVATION
In case the Fare Rule allows cancellation, If the passenger decides that he/she no longer wishes to travel with the air carrier (for reasons that cannot be attributed to the air carrier), he/she may request to be refunded, subject to the payment of a servicing fee per passenger per flight leg up to 72 hours prior the departure date.
In the event of the death of a passenger, the airline will reimburse the unused travel ticket, subject to the payment of the processing fee and the submission of supporting documents.
4.1 FARE RULES
Fly Lili offers you 2 Fare Rules:
a) BUDGET
The lowest available fare for the chosen flight / flights. The Budget Tariff is subject to the following conditions:
• Free online check-in;
• Free airport check-in, available 2 hours before take-off;
• 1 (one) free hand luggage of maximum 10 kg, with dimensions 50x40x20 cm;
• 1 snack during the flight;
• Does not allow refund;
• It does not allow the change of the passenger's name and / or the date of travel;
• Additionally allows a hold baggage of max. 23 Kg., with the dimensions 158 cm (L x W x H), for a fee of EUR 30.
b) CLASSIC
The Classic fare is subject to the following conditions:
• Free online check-in;
• Free airport check-in, available 2 hours before take-off;
• 1 (one) free hand luggage of maximum 10 kg, with dimensions 50x40x20 cm;
• 1 snack during the flight;
• 1 (one) free hold baggage of maximum 23 kg, with the dimensions 158 cm (L x W x H);
• Allows refunds for a fee of EUR 40, up to 72 hours before the departure date;
• Allows name changes for a fee of EUR 50, up to 6 hours before the departure date;
• Allows date changes for a fee of EUR 30, up to 6 hours before the departure date.
4.2 TRAVEL TICKET PAYMENT
The payment of the travel ticket is the last step performed by the passenger when booking the travel ticket, and he/she is required to make the payment in order to receive the electronic ticket, the itinerary and the payment confirmation.
The travel ticket can be paid by credit card.
The payments must be authorised by the cardholder indicated in the reservation. The air carrier reserves the right to cancel the reservation, without prior notice, if it has reasonable grounds to consider that the passenger or cardholder are involved in any type of fraudulent activity. Such a suspicion can arise from situations such as:
The personal data of the passengers, provided by them at the time of booking, is processed by Fly Lili to be used for the following purposes: to conclude the reservation, to purchase and issue the travel ticket, to perform transport and related services, for accounting, invoicing and audit (including credit card or other card verification), to facilitate border and customs control procedures, for safety, security, health, administrative and legal purposes, for statistical and marketing analyses, to test its own system, to maintain and develop it, to develop and provide services, as well as to improve customer service.
Personal data, processed under a contractual obligation, is kept for fixed periods of time, which can be consulted in the Privacy Policy/Personal Data Protection Policy of the Company. After such fixed periods of time expire, the personal data processed will be deleted/destroyed.
The personal data of passengers is processed by Fly Lili and it is communicated to certain contractual partners for the provision of the contracted services, i.e. to Fly Lili offices and branches, authorised agents, credit companies and card issuers, data processing government agencies, and to other companies involved in the carriage of the passengers concerned, but only for the purposes set out above.
The passengers’ data will be disclosed, upon request, to the public authorities, in accordance with the laws in force.
In the context of processing the personal data of passengers for the above- mentioned purposes, the passengers have the following rights: the right of access and the right to request the rectification or deletion of personal data, the right to oppose the processing, the right to request restriction of processing, the right not to be subject to an automatic decision (including profiling), the right to data portability, the right to lodge a complaint with the National Authority for the Supervision of Personal Data Processing and the right to apply to the competent courts.
Both the passenger and the person paying for the ticket reservation state that they have taken note of the fact that the air carrier may use the personal data (name, email, telephone, nationality, date of birth) to enable the electronic transaction and to process this information.
Fly Lili does not guarantee connections with other flights.
Any connection established by passengers is at their own risk, and the passengers are required to go through the check-in procedure.
If the travel ticket is issued for two or more flight legs to a destination, the passenger is required to pick up the hold luggage upon arrival at the destination airport, or at the intermediate airport, if such airport is indicated on the luggage identification tag as final destination.
If the passenger holds a valid travel document for a connecting flight, he/she is required to find out in advance about the hold luggage check-in/transfer procedures for his/her itinerary.
7.1 CHECK-IN TIME LIMIT
In order to complete the check-in and boarding formalities, the passenger must arrive at the airport at least 2 (two) hours before the departure time indicated on the ticket.
Passengers are solely responsible for the fulfilment of the check-in formalities. Passengers who do not report in time for both check-in and boarding, irrespective of reason, or who do not have the necessary travel documents, are deemed as no- shows and lose the right to any refund.
7.2 OBLIGATIONS UPON CHECKING IN
During the check-in procedures, passengers are required to report in person, to show a valid identity card or passport (as the case may be), the documents necessary to enter the country of destination (visa), to have the hold luggage weighed and the hand luggage checked for meeting the weight and size limits set by the air carrier.
Fly Lili also recommends passengers to have the booking confirmation at hand when reporting to the check in desk.
In the special case of infants who are 24 (twenty-four) months of age at the time of the reserved travel and for whom the parent/legal representative paid an infant fee, the air carrier reserves the right not to allow such infants on the flight if the parents/legal representatives refuse to pay the price difference between the infant fee and the full ticket fare on the date of finding the discrepancy, subject to the availability of a seat on the aircraft.
Passengers are required to contact the competent authorities of the country of destination (e.g. consulates, embassies, border police) to find out which are the documents required for their trip to the country of destination.
Passengers are required to observe and comply with all the laws, rules and requirements of the countries to/from which they travel, as well as Fly Lili Travel Conditions. The company is not liable in any way to the passenger to obtain the necessary documents for his/her journey or to comply with the laws, rules, requirements or instructions with regard to which the passenger was informed, or for the consequences of the passenger’s failure to obtain the necessary documents or to comply with the laws, rules, requirements or instructions given.
7.3 ONLINE CHECK-IN
Fly Lili provides passengers an online check-in service free of charge. Passengers are asked to present their boarding pass, which must be accompanied by travel documents, at the security checkpoint, the border police and the boarding gate.
Passengers that cannot perform the online check-in process:
- passengers under the age of 18 (eighteen);
- passengers with special medical condition or reduced mobility;
- passengers carrying weapons;
- passengers rejected at the entrance to the country or deported;
- non-EU passengers, whose visa or residence permit must be checked at check-in;
The free of charge online check-in service is available 3 (three) days before the departure date and up to 4 (four) hours before the departure time.
If the passenger has hold luggage, he/she must report for check-in at least 90 (ninety) minutes before take-off at the specially marked counters.
If the passenger does not have hold luggage, he/she will have to go to the boarding gate at least 40 (forty) minutes before the departure time, with the boarding pass printed (following the check-in at the airport or following the online check-in).
The passenger is liable for any non-compliance with these time intervals and may be refused boarding. Fly Lili will not refund the ticket and will not grant any other compensation to those who do not comply with the above rules.
Fly Lili draws the attention of passengers to the fact that security and border control formalities can require significant periods of time, thus creating unpleasant situations for passengers.
In the special case of passengers with disabilities or reduced mobility, the time limit for reporting to the check-in counter is the same, 2 (two) hours, even if they opt for the online check-in service.
In the special case of travelling with an infant, the boarding process involves the presentation of the boarding pass for both the infant and the accompanying adult.
7.4. AIRPORT CHECK-IN
Even if the online check-in service is available free of charge for the departure airport, at the time of booking, the passenger can still opt for the airport check-in.
8.1 BOARDING FORMALITIES
After completing the check-in formalities, the passenger will be informed about the place and time where he/she will have to report for the boarding formalities. Having regard to the fact that the airport authority is responsible for assigning both aircraft slots and boarding gates, Fly Lili gives notice to the passengers that these may change after the check-in procedure is completed, and thus Fly Lili is not liable for any change of the place and/or time of embarkation. In order to avoid any confusion or delays, the passenger will have to pay attention to the airport monitors and the announcements made via the PA system. Fly Lili informs the passengers that the boarding gate closes 15 (fifteen) minutes before the take-off time.
Moreover, in order to avoid unpleasant situations, Fly Lili draws the attention of passengers to the fact that both the security control and the border crossing formalities require a period of time that the passenger must take into account in order not to report late to the boarding gate.
8.2. SECURITY CHECKS
In certain situations, for flight security reasons, at the request of government institutions or airport authorities, the passenger may be requested to undergo body and/or luggage checks.
8.3. PRIORITY BOARDING SERVICE
Fly Lili offers its passengers the Priority Boarding Service whereby passengers can have priority when boarding the plane over the other passengers.
9.1. BOARDING REFUSED FOR REASONS NON-ATTRIBUTABLE TO THE AIR CARRIER
The air carrier reserves the right to refuse the boarding of passengers who:
a) are in a visible state of agitation due to the consumption of alcohol and/or psychotropic substances, the behaviour of whom may endanger the safety of the flight or may disturb the other passengers on the flight;
b) are in a physical and mental state visibly incompatible with air transport or in a poor state of health, without a “Fit to travel by air” certificate issued by a physician;
c) behaved inappropriately during a previous flight;
d) refused to comply with the conditions of the air carrier regarding the content, shape and size of luggage and/or any other items accepted aboard aircraft;
e) refused to undergo the body or luggage security check;
f) failed to pay, in full, the fares and fees for the flight, valid on the date of travel;
g) failed to meet all the conditions for leaving/entering the country;
h) have a travel ticket illegally purchased or declared stolen or lost, a forged ticket, or they cannot prove to be the persons indicated on the travel tickets;
i) fail to follow the instructions of the air carrier regarding the flight safety and security;
j) behave cholerically and/or violently, address threatening words or insults to flight crew members, ground personnel of the air carrier or other passengers on the flight
k) purchased the ticket/company’s services using a card suspected as being stolen/copied/cloned.
If the air carrier refuses, at its reasonable discretion, to carry a passenger in accordance with the provisions of this Article, or if a passenger is escorted out of the aircraft during an unplanned stopover, the air carrier may cancel the unused flight leg of the ticket and the passenger is not entitled to further carriage. Accordingly, the air carrier is not liable for any loss or damage deemed to result from any such refusal to carry the passenger.
If, under this Article, the air carrier is required to refuse the boarding of a passenger, thus leading to a flight delay, the air carrier is not liable for such delay.
9.2. BOARDING REFUSED FOR REASONS ATTRIBUTABLE TO THE AIR CARRIER
9.2.1 If the air carrier is required, for various reasons, to refuse the boarding of a passenger holding a valid travel ticket, it will act in accordance with the relevant international and European legislation, immediately offering the passenger in question compensation and the possibility to choose between:
a) the reimbursement, within 7 (seven) days, of the full cost of the ticket at purchased price, for the part or parts of the journey not performed, or
b) the redirection, under comparable transport conditions, to the final destination, either as soon as possible or at a later date, at the passenger's choice, subject to the existence of available seats.
9.2.2. In the case of Article 9.2.1 (a), the passenger may choose the reimbursement in the form of additional services offered by the air carrier, vouchers or credit.
10.1. GENERAL ASPECTS
The carriage of disabled persons, persons with reduced mobility, unaccompanied minors, pregnant women, as well as sick persons or other persons requiring special assistance depends on a prior arrangement between them and the air carrier.
10.2. UNACCOMPANIED MINORS
Fly Lili does not accept to carry minors not accompanied by an adult.
10.3. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
Fly Lili provides assistance to disabled persons and persons with reduced mobility in accordance with the Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
In accordance with the mandatory requirements in the field of flight safety, disabled persons and persons with reduced mobility cannot purchase seats on the first row or seats at emergency exits.
Given the principle the principle of social inclusion and non-discriminatory treatment, disabled persons and persons with reduced mobility will receive the necessary assistance, in accordance with their special needs, for no additional fee. Fly Lili undertakes and guarantees the carriage of disabled persons or persons with reduced mobility provided that the passengers hold an electronic ticket for the flight and provided that the specific additional service is added in the reservation for each flight leg, at least 72 (seventy-two) hours before the published departure time of such flight.
If a disabled person or a person with reduced mobility is assisted by an accompanying person, Fly Lili will make every effort to assign that person a seat next to the disabled person or person with reduced mobility, provided that the passengers notify the air carrier about this with72 (seventy-two) hours before the published departure time of such flight.
If a passenger needs to use a utility dog, certified as such by the competent authorities, holding valid documents, it will be boarded in the cabin provided that the specific additional service is added to the reservation for each flight leg at least 72 (seventy-two) hours before the published departure time of such flight, as well as under the condition that the passenger undertakes to comply with the national legislation specific to the country where the destination airport is located and with the applicable internal transport rules on utility dogs on board of aircrafts, this carriage being performed at no additional fee. Fly Lili does not accept in flights psychiatric assistance dogs or emotional support dogs.
In the cases where we are informed by a notification sent at least 72 (seventy-two) hours before the flight time that the carriage of at most 2 (two) mobility equipment items, including electric wheelchairs, is required for a disabled person or a person with reduced mobility, we undertake to carry them under the conditions of possible space limitation aboard the aircraft, as well as subject to the application of the relevant legal provisions on dangerous items, this carriage being performed at no additional fee.
A disabled person or a person with reduced mobility is entitled, free of charge, to an additional hand luggage weighing a maximum of 5 (five) kg, containing medical supplies, provided that he/she notifies us at least 48 (forty-eight) hours before the flight time, as well as under the condition of presenting a medical certificate attesting the need to transport medical supplies.
The transport of oxygen cylinders is not allowed.
If wheelchairs, other mobility equipment and assistive devices are lost or damaged during handling during transport aboard aircrafts, the passenger to whom the equipment belongs will be compensated as provided by the national law.
If necessary, flight attendants will provide assistance to disabled persons or persons with reduced mobility when going to the toilets aboard the aircraft.
If Fly Lili or its agents are notified about a request for specific assistance from disabled persons or persons with reduced mobility, they undertake to transmit this information to all factors involved in the flight.
Fly Lili communicates to the competent bodies the number of disabled persons and of persons with reduced mobility who are aboard the aircraft and who require specific assistance.
Fly Lili will refuse to board and carry disabled persons or persons with reduced mobility in order to comply with the applicable safety requirements established by international, Community or domestic law or to comply with the safety requirements established by the authority that issued the air carrier operating certificate (i.e. the Romanian Civil Aeronautical Authority) or if the dimensions of the aircraft or of its doors make the embarkation or transport of the disabled persons or persons with reduced mobility physically impossible.
10.4. SPECIAL CONDITIONS FOR PREGNANT PASSENGERS
In the case of passengers who are up to 34 (thirty-four) weeks pregnant, without complications, they can travel without a medical certificate.
In the case of passengers who are between 35 (thirty-five) and 37 (thirty-seven) weeks pregnant, they may travel only if they present a medical certificate, issued no later than 10 (ten) days before the date of each flight, stating the expected date of birth, the confirmation that the pregnancy is without complications, the full name of the physician, and that the passenger is fit to travel by plane.
The obligation to present the document provided above (the medical certificate), which certifies that the passenger can travel safely, lies solely with the passenger. In the absence of such medical certificate, Fly Lili reserves the right to refuse to board the passenger in question. Moreover, Fly Lili reserves the right to refuse to board a pregnant passenger if it finds that her condition is visibly incompatible with the flight. In such cases, the air carrier is relieved of all liability.
If the passenger is pregnant with one baby, without complications, she is not allowed to travel by plane after the 37th week of pregnancy.
A passenger can travel after7 (seven) days from giving birth, provided the birth was uncomplicated and required no surgery.
10.5. SPECIAL CONDITIONS FOR INFANTS
Infants up to 7 (seven) days old (inclusively) cannot travel.
Fly Lili reserves the right to refuse to board the infant in question and the air carrier is relieved of all liability.
11.1 HOLD LUGGAGE
11.1.1 General rules
Each passenger has the right to carry, for a fee, a maximum of 3 (three) pieces of hold luggage with maximum dimensions of 100 cm x 80 cm x 30 cm (length x width x height), with a maximum allowable weight of 32 kg, per piece.
The hold luggage will be charged according to our Fare Rules.
If the passenger comes to the airport without having paid the hold luggage fee in advance, he/she will be required to pay a luggage fee. As the case may be, at certain airports, third parties authorised to manage luggage services charge additional service fees. For more details, please refer to the Fees and Fare Rules.
The weight of hold luggage pieces cannot be cumulated between 2 (two) or more passengers.
For children up to 2 (two) years old (Infants) it is accepted free of charge to transport a hold baggage of maximum 10 (ten) kg and a stroller.
When the passenger hands over the hold luggage at the check-in counter, the luggage will be issued an Identification Tag, and it will be transferred into the keeping of Fly Lili to be transported to the destination.
Fly Lili recommends that the passenger write on the hold luggage the name, address and a telephone number at which he/she can be contacted.
The hold luggage will be carried by the same aircraft as the passenger. If this is not possible for reasons beyond the control of the air carrier, Fly Lili is required to make every effort to carry the hold luggage to the destination listed on the electronic ticket.
11.1.2 Transport of bicycles
Bicycles can be carried only as hold luggage, for an additional fee.
The handlebars of the bicycle must be rotated and fixed along the frame, the pedals must be removed, the wheels must be deflated, and the whole assembly must be packed for protection.
Electric bicycles or other such sports equipment that use lithium batteries are not allowed for transport.
11.1.3 Transport of sports equipment
Sports equipment can be carried only as hold luggage, for an additional fee. The transport of this type of sports equipment requires packaging in the appropriate cover for transport by aircraft and must not exceed 32 kg.
11.2 HOLD LUGGAGE PICK-UP AND DELIVERY
The passenger is required to pick-up the hold luggage when he/she arrives at the destination indicated on the travel ticket.
If the luggage is not picked up from the carouse, it will be kept within 30 (thirty) calendar days.
If the hold luggage is not claimed and picked up during this period, Fly Lili may dispose of it in any way, without any liability towards the passenger.
The right to pick up the hold luggage lies with the owner or his/her legal representative who holds the Luggage Identification Tag.
11.3 HAND LUGGAGE
The passenger can carry, free of charge, one hand luggage of less than 10kg and up to 50 cm x 40 cm x 20 cm (length x width x height). The dimensions of the luggage include all its accessories (wheels, handles and exterior pockets, among others). Any other personal item (purse/bag), as well as electronic equipment (camera, tablet, laptop, etc.) must be placed in this piece of luggage. Additionally, each passenger can travel with products purchased from Duty Free stores at the airport, packaged and sealed in Duty Free bags.
Infants cannot carry hand luggage.
11.3.1 If the passenger wishes to carry fragile luggage exceeding the dimensions or weight allowed for hand luggage, the passenger may purchase for such luggage
an additional seat, obligatorily at the window and adjacent to his/her seat, provided that the luggage complies with the following conditions:
a) it observes the maximum dimensions, i.e. 140 x 43 x 30 cm, if the luggage is placed on the floor, and 60 x 43 x 50 cm, if the luggage is placed on the seat;
b) it is properly packed so that its outer surfaces do not have sharp/cutting projections;
c) it is fastened with the seat belt throughout the flight;
d) it is not more than 50 kg.
Please note that the passenger will have to carry his/her own luggage aboard the aircraft, without using a luggage cart to board the aircraft, without damaging the interior of the aircraft and without disturbing the other passengers.
11.3.2 If a passenger reports to the boarding gate with hand luggage not meeting the dimensions and weight specified in this Article, the passenger will have to pay an urgent luggage processing fee of EUR 30. The luggage processed as a matter of urgency will be picked up and carried as hold luggage. Upon the handing in of hold luggage, the passenger is required to remove and take in the cabin of the aircraft all personal items of strict and urgent necessity (e.g. documents, money, medicines, fragile or valuable items, etc.), as well as the items prohibited as hold luggage (e.g. lighters, lithium-ion batteries, etc.).
11.3.3 In order to meet the travel conditions before boarding, each passenger is required to weigh the hand luggage and to demonstrate that it fits completely (including the handles, wheels and any other possible projection) in the devices for dimensional verification provided both at the check-in counter and at the boarding gate. The airport check-in/boarding staff is entitled to check the passengers’ luggage to ensure that it strictly observes these Travel Conditions.
11.3.4 If the storage space in the cabin of the aircraft is exceeded, for reasons of flight safety, the air carrier may require that any hand luggage be tagged and loaded free of charge in the hold of the aircraft, and it will be returned to the passenger at the destination indicated on the electronic ticket. Upon the handing in of hold luggage,
the passenger is required to remove and take in the cabin of the aircraft all personal items of strict and urgent necessity (e.g. documents, money, medicines, fragile or valuable items, etc.), as well as the items prohibited as hold luggage (e.g. lighters, lithium-ion batteries, etc.).
11.3.5 Fly Lili reserves the right to refuse carriage of any hand luggage not meeting the conditions in Articles 11.4.1 and for which the passenger does not meet the conditions in Article 11.4.4. Fly Lili reserves the right to refuse carriage of passengers not complying with these Travel Conditions with regard to hand luggage and of passengers who do not accept to have the hand luggage carried in the hold of the aircraft for flight safety reasons. Fly Lili is not liable for any damage incurred by the passenger due to his/her refusal to comply with these conditions of carriage of hand luggage.
11.4 ITEMS NOT ALLOWED IN THE LUGGAGE
Passengers must not put in their luggage items that could endanger the safety of the flight, aircraft or passengers, the items listed in the International Civil Aviation Organisation’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) regulations, the internal regulations of Fly Lili, as well as items prohibited for transport under the laws, rules, orders in force of any state in/from which you travel, e.g.
a) Radioactive materials;
b) Knives and firearms, lethal or non-lethal ammunition, other than for hunting or sports. Exceptions to this rule are:
c) Tools and other cutting/punching/blunt items, carried only as hold luggage in accordance with the Fly Lili Travel Conditions. These items must be declared at check-in.
d) The following items are prohibited in the hold luggage: money, jewelry, precious metals, keys, photo/video cameras, laptops, personal electronic items, important documents, papers, passports or other identity documents, medicines or other items necessary immediately.
Failure to comply with these clauses exempts the air carrier from liability for any loss, damage or destruction of the said items occurred during the handling or carriage.
11.5 PORTABLE ELECTRONIC DEVICES
Portable Electronic Devices (PEDs) that contain lithium batteries, such as laptops, mobile phones, tablets, electronic cigarettes and/or any other electronic devices intended for smoking, watches or spare lithium batteries must be carried as hand luggage in the passenger cabin, to allow the crew to react quickly in the event of an incident involving such a device.
PEDs will be transported in the passenger cabin.
For flight safety and security reasons, the air carrier may prohibit or restrict the use of electronic devices aboard aircrafts, e.g. mobile phones, laptops, tablets, mobile recorders, portable radios, CD players, game consoles or transmission/reception devices, including remote-controlled toys and any other such devices.
11.6 LIVE ANIMALS
11.6.1 Fly Lili allows the carriage on board of small pets (dogs and cats) which are at least 6 (six) months old, vaccinated, clean, odorless, weaned, not pregnant, in specialized cages with a total weight of 10 (ten) kg. For the flights operated with Airbus 320 the maximum dimensions of the cage are 55 cm x 40 cm x 23 cm (length x width x height) and for the flights operated with Embraer ERJ145 of maximum dimensions of the cage are 42 cm x 26 cm x 20 cm (length x width x height).
The cage for the animal must be provided by the passenger and comply with the size and weight conditions, as well as with the requirements of solidity, protection of the animal and of persons and surrounding items, as it will be placed under the front seat throughout the flight. There cannot be transported more than 3 (three) such pets on a flight.
Fly Lili is the first pet friendly airline, allowing the transport free of charge.
There can be carried 2 (two) animals sharing one cage, provided that they are very young (between 6 and 9 months), of the same species and of the same age, and are ensured decent comfort (to be able to stand without tilting their heads and to lie down simultaneously without being forced to touch), within the permitted weight and dimensions.
If the pet cage does not meet the size and weight requirements set out above, it will be transported to the cargo hold, subject to availability.
11.6.2 Fly Lili allows the carriage in the hold of pets, dogs or cats, in standard cages compliant with the IATA regulations, of no more than 122 cm x 82 cm x 84 cm (length x width x height), within the limit of 3 (three) such transports per flight.
In this case, the transport is carried out for a fee per animal, per flight leg.
The cages used to carry animals aboard aircrafts must comply with the requirements of the IATA Live Animal Regulations (LAR). Animal transport bags are not suitable for the carriage of animals in the hold. Thus, in general, the cage must:
a) be large enough so that the animal can stand upright, turn in the cage and lie horizontally naturally;
b) be robust, clean, closed, tight and protected against possible penetration of the claws of the transported animals;
c) provide protection to the person handling it against being scratched or bitten by the animal;
d) prevent the deterioration of the animal’s health condition;
e) prevent any part of the animal from coming out of the cage;
f) be adequately ventilated on at least 3 (three) sides;
g) have containers for food and water to which the animal has access;
h) be provided by the passenger;
Fly Lili reserves the right to refuse the carriage of live animals if:
a) the transport capacity of the aircraft is exceeded;
b) the cage is not strong enough considering the mass and strength of the animal, it allows the leakage of substances outside, can affect the animal or items and persons around;
c) the animal is excessively jittery. In this case, we recommend consulting a veterinarian before the flight, for possible preventive medical measures, to ensure the calmness and health of the animal.
11.6.3 In order to travel with a pet in an EU Member State, live animals must meet the following conditions:
a) they must have an identification microchip implanted under the skin;
b) they must have a health card;
c) they must have a valid rabies vaccine, according to the legislation: http://ec.europa.eu/food/animals/pet-movement/eu-legislation/non- commercial-eu_en
d) they must hold a passport for animals, issued by a veterinarian.
11.7 HUMAN REMAINS
The transport of human remains is not allowed.
11.8 WEAPONS AND AMMUNITION
11.8.1 In order to carry a weapon, the passenger must comply with the weapons and ammunition regime provided by the relevant legislation and hold a firearms license. Weapons can only be carried as hold luggage. Firearms must be transported disassembled, in accordance with the laws on weapons and ammunition, and properly packaged, separated from their ammunition. Ammunition is carried in compliance with the International Civil Aviation Organisation’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) regulations Weapons and ammunition must be declared at check-in.
In accordance with IATA regulations, a passenger may not carry more than 5 (five) kg of ammunition/flight.
11.8.2. In order to carry a weapon, the passenger must pay a fee.
12. 1 FLIGHT SCHEDULE AND MODIFICATION
12.1.1.The schedule for Fly Lili flights is the one published in the booking system or on Fly Lili website. The flight schedule may change between the date of publication and the date of travel. Any changes in Fly Lili schedule will be displayed in the booking system and on Fly Lili website.
12.1.2. When making the reservation, passengers are made available the flight schedule in force on that date, which will be indicated on the Travel Ticket issued following the reservation and payment confirmation.
Fly Lili will make every effort to inform the passenger about any changes in the flight schedule, by all means available to the air carrier (email/telephone/handling agent), which is why we recommend that the contact details provided at the time of making the reservation belong to the passenger.
If Fly Lili does not have the contact details of the passengers (for reasons not attributable to the air carrier), Fly Lili rejects any liability arising from any change in the flight schedule, including in cases where the information was transmitted to a third person/company.
12.2. CANCELLATION OF FLIGHTS
12.2.1 If the air carrier is required, for various reasons, to cancel a scheduled flight for which it sold travel tickets, it will act in accordance with the relevant international and European legislation, immediately offering the passengers in question the possibility to choose between:
a) the reimbursement, within 7 (seven) days, of the full cost of the ticket at purchase price, for the part or parts of the journey not performed, or
b) the redirection, under comparable transport conditions, to the final destination, either as soon as possible or at a later date, at the passenger's choice, subject to the existence of available seats.
13.1. In accordance with the Fare Rules, Fly Lili Travel Tickets may be refundable.
13.2. If Fly Lili cannot meet its transport obligation, it will refund the fare paid or part of it in accordance with this article:
a) full refund of the amount entered on the Travel Ticket, if the flight was cancelled and no alternative flight under comparable transport conditions can be offered.
b) if the flight on a leg of the route entered on the Travel Ticket is cancelled, the amount returned to the passenger will be equal to the difference between the fare paid for the entire route and the fare applicable for the non-travelled leg.
13.3. Refunds are made only to persons whose name is entered on the Travel Ticket or to those who made the payment, based on the submission of the ticket and of the document certifying the payment.
13.4. Refunds can be requested by contacting the Customer Support Department, in writing, at support@flylili.com.
13.5. The refund will be made in the currency used to pay for the Travel Ticket.
13.6. If the passenger accepts another form of reimbursement or compensation (additional services provided by the Company/vouchers/credit), this article applies to such reimbursement alternative.
13.7. In accordance with Fly Lili refund procedures, any payment or refund will be made to the payment card used to make the reservation or to the bank account communicated by the passenger. Fly Lili may require the passenger to provide proof that the bank account communicated for payment is held by the passenger.
15.1. CONDUCT ABOARD THE AIRCRAFT
An unruly passenger is a person who commits any of the following acts on board a civil aircraft, after the closing of the aircraft door, before take-off, until the opening of the aircraft door, after landing, and during the processing (check-in/boarding), regardless of when:
In accordance with the Tokyo Convention, and in light of the above, the commander of the aircraft has the authority:
If the inappropriate conduct of the unruly passenger leads to the commission of an act that contains the elements of a possible offence/crime, the airline will report both such inappropriate conduct and its consequences to the competent authorities in order to initiate a possible investigation of the offence or crime for the acts committed by the unruly passenger aboard the aircraft.
If the improper conduct of the passenger forces the air carrier to divert from the flight route of the aircraft to a new destination, other than the one previously established, in order to disembark the passenger in question, the latter will bear all costs incurred with such forced landing, including any penalties imposed on the air carrier by the competent authorities of the country in which it landed.
Passengers are not allowed to consume alcoholic beverages, other than those sold by crew members, aboard the aircraft. The air carrier reserves the right to refuse to serve alcoholic beverages to any passenger who is in an inadequate state, in order not to endanger the safety and security of the flight.
15.1 GENERAL
15.1.1 Passengers are responsible for obtaining, holding and presenting all documents and visas required by law, rules or instructions, to travel to/from certain countries.
15.1.2 The air carrier is not responsible for the consequences of the passengers’ failure to obtain the documents or visas necessary for travel.
15.2 TRAVEL DOCUMENTS
Before travel, passengers must present all documents necessary to travel, including, but not limited to, for border crossings, health documents, and any other documents required by laws, rules, orders or requirements of the countries
involved. For security reasons, the air carrier reserves the right to request that copies of such documents are made and kept.
The air carrier reserves the right to refuse the carriage of passengers if they do not comply with the above requirements or if their travel documents do not comply with the laws, rules or travel instructions.
In the special case of passengers who check in online and fill in erroneously or falsely the data requested for the journey, the air carrier reserves the right to refuse their carriage if they report to the boarding gate too late to complete/correct the data requested for the journey.
15.2. VISAS REQUIRED
Given the international relationship involved in the transport of passengers, when booking an international flight, passengers are required to verify if they have all the rights to enter the territory of the country of destination. This can be done by visiting the websites of the Border Police of the destination state, or by asking at the embassy/consulate/representative of the state of citizenship in the state of destination.
For more information, the air carrier makes available the following websites: https://www.politiadefrontiera.ro/, https://www.mae.ro/en.
15.4 REFUSAL OF ENTRY INTO THE COUNTRY OF DESTINATION
Passenger bear responsibility if the border authorities in the country of destination, to which they travelled by the air carrier, do not allow their access to the territory, also forcing Fly Lili to return the passenger to the place of origin of the journey.
In such case of refused entry at the border, passengers will pay any fine imposed on the air carrier by the Government or by the Immigration Office concerned, in addition to the cost of transport from such country back to the country of origin or to another place indicated by the competent authority. Fly Lili will not reimburse
the cost of any flight passengers cannot perform due to the refusal of entry into the country of destination.
15.5 PASSENGERS BEAR RESPONSIBILITY FOR FINES, DETENTION COSTS
If the air carrier is obliged to pay fines or penalties or to bear expenses as a result of the passengers’ non-compliance with the laws, rules, orders or travel requirements of the countries involved or of the failure to present the necessary documents, the passengers will reimburse, on request, any payment or expense incurred by the carrier for their acts/deeds. In this regard, the air carrier may offset the value of these fines/penalties against the value of the unused legs travel tickets were purchased for or any other funds of the passengers in the possession of the carrier, and if this is not enough, the air carrier reserves the right to seek remedies against such passengers to recover the entire outstanding amounts.
15.6 CHECKS AT THE AIRPORT
After the check-in at the airport (if not performed online), passengers and their luggage must undergo a security check (anti-terrorism).
This check is followed by the Border Police check, and, if so requested by the customs staff or another governmental authority, passengers may be required to undergo a luggage check.
The air carrier cannot be held liable for any loss or damage suffered during or due to such checks.
15.7 EMERGENCY FLIGHT INTERRUPTION
If the health of a passenger aboard the aircraft worsens and the air carrier is forced to make an emergency landing at the nearest airport so that the passenger can receive the necessary medical care, the passenger will be responsible for all medical costs and for all accommodation costs for the family or friends accompanying
him/her as well as for future transport costs from the unplanned stopping point to the final destination.
The air carrier recommends that passengers take out valid medical and transport insurance for the journeys.
16.1 GENERAL CONDITIONS OF LIABILITY
The liability of the air carrier is determined under the Fly Lili Travel Conditions and limited by international and European legislation.
In this case, having regard to the fact that the liability of the air carrier is limited, Fly Lili recommends passengers to take out travel insurance with an insurance company specialized in such cases, and if the passengers luggage is delayed, lost or damaged, they may seek remedies against either the air carrier or the insurance company.
Except as provided by national and Community law, the air transport operated by Fly Lili is subject to the rules and limitations of liability set forth by the Montreal Convention only for international transports governed by the Convention.
Except as provided by national and international law, the air transport operated by Fly Lili is subject to the rules and limitations of liability set forth by Regulation (CE) No 261/2004 only for Community transports.
Any liability of the air carrier for damages will be reduced if passengers, due to any negligence, error or omission on their part, are conducive, cause or contribute to the damage.
16.2 LIABILITY FOR HAND LUGGAGE
In general, the passenger is responsible for any hand luggage and for any other personal items carried aboard the aircraft. The air carrier is liable for the loss or missing contents of the hand luggage only if the damage was caused by its gross negligence.
The liability of the air carrier for the loss or missing contents of the hand luggage will be limited, under the international and European legislation, to SDR 1,288 per passenger. The value of the compensation will be determined according to the damage evidenced by the passenger.
16.3 LIABILITY FOR HOLD LUGGAGE
The liability of the air carrier for the delay, damage, or loss the hold luggage will be limited, under the international and European legislation, to SDR 1,288 per passenger. The value of the compensation will be determined according to the damage evidenced by the passenger.
The air carrier rejects any liability for luggage stained with certain substances (wine, oil, food or the like) or incurring minor damage (e.g. scratches, dents, torn seams
caused by excess weight, and not only, loss/damage of items attached to the luggage that were not provided by the manufacturer, not impairing its normal (subsequent) use, such as cipher, keys, padlocks, name tags, straps, covers) that may result from the normal handling of luggage. In exceptional cases, the airline may issue a voucher when the checked-in luggage incurs minor damage caused by improper luggage handling.
If the passenger reports to the check-in counter with damaged luggage, it will be taken over and tagged with the Limited Release Tag, and the air carrier will bear no liability for the condition of the luggage.
If the passenger carries in the hold luggage any of the items listed in Article 11.5 (d), the air carrier is not liable for any damage caused to such items.
If the hold luggage contains spoiled perishable goods (food, drinks), the air carrier reserves the right to remove and discard such contents, and the passenger will receive no compensation.
The carrier is not liable for:
luggage (padlock, name tags, straps, covers, etc.)
The Travel Conditions cancel no liability exclusions or limitations provided by international, European regulations or internal laws in force, unless expressly specified.
If the hold luggage of the passenger is delayed, the air carrier is liable for proven damages, only if it has not taken all necessary measures to avoid such damage or if it has been impossible to take such measures.
Fly Lili will reimburse a passenger whose hold luggage is delayed for more than 24 (twenty-four) hours and who is not in his/her area of domicile any reasonable expenses incurred to cover basic needs/essential items (such as toiletries, underwear, a change of clothes if necessary and other essential items), purchased to replace the necessary items from the delayed hold luggage. The value of the compensation is not predefined, as it is assessed based on the reasonable needs arising each day such passenger has no access to his/her luggage. As a guidance, this compensation may be up to EUR 30 per day of delay of hold luggage, this amount being deemed as a reasonable limit of compensation. In order to be able to process the reimbursement request in such cases, the passenger will have to send the reimbursement request, together with the supporting documents attesting the expenses incurred to cover his/her basic needs (receipts for the purchases). For the avoidance of any doubts, the maximum liability limit of the air carrier in these cases is SDR 1,288 per passenger, provided that supporting documents are submitted.
If the air carrier delays the delivery of hold luggage to the destination where the passenger is domiciled, the cost of the essential items will not be covered by the air carrier or the insurance company, as the passenger is considered to have access to the essential items.
If the passenger, intentionally or negligently, contributes to the occurrence of damages, the value of the claims for compensation will be reduced by the amount related to his/her contribution.
16.4 LIABILITY IN THE EVENT OF ACCIDENTS
In accordance with Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/1997 of 9 October 1997 on air carrier liability in the event of accidents if an accident occurred during embarkation or disembarkation, or aboard the aircraft during the flight performed by the air carrier, leads to the death or injury of passengers, the liability of the air carrier is not financially limited.
For any damages up to SDR 128,821, the air carrier cannot challenge the claim for compensation. In addition to this amount, the air carrier may defend itself against a claim for compensation, proving that it and its agents have taken all necessary measures to avoid the damage or that it has been impossible for it or its agents to take such measures. If the air carrier proves that the damage was caused or favoured by the negligence of the injured or deceased passenger, the air carrier may be fully or partially exempted from liability.
The air carrier will make, without delay and within 15 (fifteen) days from establishing the identity of the natural person entitled to compensation, the advance payment to cover the immediate economic needs, in proportion to the damage incurred. In the case of death, this advance payment will not be less than SDR 16,000 per passenger.
Any advance payment will not be deemed as an admission of liability on the part of the air carrier, and it may be deducted from any amount subsequently paid under the liability of the air carrier, but it is not refundable, unless it is proved that the damage was caused or favoured by the negligence of the injured or deceased passenger, or if the person who received the payment is not the person entitled to compensation.
The air carrier draws the attention of passengers to the adverse consequences flying can have on certain categories of persons, especially on persons suffering from certain diseases, on disabled persons or persons with reduced mobility, on the elderly or on pregnant passengers, as well as on pets carried aboard aircrafts.
By accepting these Conditions of Travel, the passenger releases the air carrier from all liability regarding any adverse consequences the flight may have both on him/her and on the pet transported aboard the aircraft.
The passenger is fully liable for bearing all costs that may be caused by a possible health, personal or pet problem, fully reimbursing the air carrier if it was forced to bear certain expenses as a result of the adverse consequences on the health of the passenger or pet.
18.1 For any luggage delay, loss or damage, the passenger is required to report in person to the Lost&Found Office, located in the area of the luggage carousel at the airport of arrival, for filling in a PIR (Property Irregularity Report), before leaving this area of the airport.
If the passenger whose luggage has been delayed, lost or damaged does not fill in a PIR before leaving the luggage carousel area at the airport of arrival, the air carrier will be relieved of all liability.
18.1.1 The pick-up of the luggage by the holder of the Identification Tag without filling in a PIR before leaving the area of the luggage carousel at the arrival airport is sufficient proof that the luggage was handed over by the carrier in good
conditions and in accordance with the contract of carriage.
In accordance with Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/1997 on air carrier liability in the event of accidents, in the case of loss of or damage to a checked-in luggage, the passenger is required to file a written complaint within 7 (seven) days from filling in the PIR and, if the luggage is delayed, the passenger is required to file a written complaint within 21 (twenty-one) days from filling in the PIR.
18.1.2 When reporting any type of damage to the Lost&Found Office, passengers are asked to request a copy of the PIR, filled in by the employee of the Lost&Found Office at the airport with the details provided by the passenger. The PIR is not an official complaint, as it is an internal company document used to identify luggage. The passenger is required to attach the PIR to the claim filed in accordance with the above article, together with any other supporting documents, in order for it to be considered valid.
18.1.3 The liability of the carrier for luggage ceases when it is placed on the luggage carousel at the airport of arrival.
The air carrier will not be held liable for hold luggage picked up by mistake by another passenger on the luggage carousel at the airport of arrival. In these cases, the passenger who picked up the luggage by mistake is directly liable, without any intermediation by the carrier, for all the costs borne by both passengers. The competent authority to solve these cases is the police at the airport of arrival.
19.1 FILING OF COMPLAINTS AND TIME LIMIT FOR A REPLY
If the passenger is dissatisfied with Fly Lili services, he/she can file a request/complaint by filling in the contact form on Fly Lili website.
Any legally registered complaint/request, accompanied by all the necessary evidence requested by the air carrier, will be resolved within 30 (thirty) days from the date of filing. For the avoidance of any doubts, if the necessary documents/evidence are/is incomplete, the above-mentioned time limit will start to run from the time of receipt by the air carrier of the complete documents necessary to resolve the complaint/request.
19.2. CLAIMS FOR COMPENSATION UNDER REGULATION (EC) NO 261/2004
This Article will apply to claims for compensation under Regulation (EC) No 261/2004.
Passengers claiming compensation under the above-mentioned Regulation must send the claim for compensation (accompanied by all documents/evidence necessary to resolve it: passenger’s first and last name, PNR code, flight number, date and route) directly to Fly Lili and allow the air carrier a period of 30 (thirty) days to respond to this request, before engaging third parties to claim compensation on their behalf or before applying to other national institutions/authorities.
Fly Lili will not process claims submitted by third parties if the passenger in question has not previously submitted a claim for compensation directly to Fly Lili, giving the air carrier the time limit provided in the above clause to respond.
A passenger may submit a claim for compensation to Fly Lili on behalf of other passengers on the same reservation, but Fly Lili reserves the right to request the passenger submitting the claim for compensation to provide evidence that he/she has the consent of the other passengers on the reservation to submit the claim for compensation on their behalf.
Fly Lili will not process requests submitted by a third party unless the request is accompanied by appropriate documentation attesting to the authority of the third party to act on behalf of the passenger and the contact details of the passenger on whose behalf the request is made together with his/her bank details so that Fly Lili can make the payment, if necessary, directly to the account of the passenger in question. Privately executed documents bearing a certified date (Article 278 of the Civil Procedure Code) or certified documents (Article 270 of the Civil Procedure Code) are deemed by Fly Lili as adequate documentation attesting to the authority of the third party to act on behalf of the passenger.
If the passenger assigns his/her right to receive compensation, as provided by Article 1566-1586 of the Civil Code, Fly Lili will process the request sent by a third party (assignee) only if it is accompanied by all the documents/evidence necessary to resolve it: the passenger’s full name, PNR code, flight number, date and route, as
well as the assignment contract (certified copy).
Passengers expressly agree that the payment of any compensation will be made either to the card used to make the reservation or to the bank account communicated by the passenger in the request. Fly Lili reserves the right to request the passenger concerned to provide proof of holding the communicated bank account.
This clause does not prevent passengers from consulting specialists in the field, legal advisers or any other third party before submitting the claim for compensation to the air carrier, but the fees of these specialists will be borne exclusively by the passenger.
19.3 LIMITATION PERIOD
Under the relevant European Regulations, in the case of Community flights, any claim for compensation/remedies in accordance with the Travel Conditions must be submitted within the general limitation period provided in the country in which the request was filed. In this case, any legal action filed after the expiry of the period provided above is deemed as time barred.
Under the Montreal Convention, in the case of international flights, any claim for compensation in accordance with the Travel Conditions must be filed within the general limitation period provided by the Montreal Convention, i.e. within 2 (two) years calculated from the date of arrival at the destination or from the date on which the aircraft should have arrived at the destination. In this case, any legal action filed after the expiry of the period provided above is deemed as time barred.
If the air carrier acts as an intermediary for passengers for additional services other than air transport (for example, without limitation, hotel reservations, car rental, parking reservation, taxi reservation, shuttle reservation, tourist activities reservation, protocol and lounge), passengers will be required to observe the terms and conditions set by the third party. In these cases, the air carrier will not be liable to the passenger.
21. 1INTERPRETATIONS
The titles of each Article in these Travel Terms and Conditions are for guidance and may not be used to interpret the text.
21.2 VALIDITY OF THE PROVISIONS
If any of the provisions of Fly Lili Travel Conditions is or becomes inconsistent with the law, unenforceable or otherwise invalid, these Fly Lili Travel Conditions will be construed as if such provision had not been included and its illegality and invalidity will not affect any other provision of Fly Lili Travel Conditions.
22.3 CHANGES TO THE FLY LILI TRAVEL CONDITIONS
Fly Lili reserves the right to change the Travel Conditions, by notifying such changes by publishing on the Company’s website in the “Travel Conditions” Section.
22.4 CHOICE OF LAW AND JURISDICTION
These Travel Conditions are governed by the Romanian law.
Any dispute between passengers and the air carrier in connection with or arising in any way from such carriage will be subject to the jurisdiction of the competent courts, in accordance with the relevant European Regulations.
