These general conditions (hereinafter the “General Conditions“) govern the relationship between sostravel.com S.p.A. (hereinafter “sostravel” or “Company“) and the client (hereinafter, the “Client” or the “User“) in case of purchase of the Lost Luggage Concierge Service and/or the Vip Lounge Service on the Company’s Online Shop. In particular, the General Conditions relate to:
• the granting of a personal, non-transferable and non-exclusive license for the use of the APP in the event of purchase of the Lost Luggage Concierge Service on the Online Shop;
• the provision of the Lost Luggage Concierge Service and/or the Vip Lounge Service in the event of purchase on the Online Shop.
Article 1 – DEFINITIONS
For the purposes of these General Conditions, the terms indicated below in bold type have the following meanings.
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App: |
the sostravel mobile application for iOS and Android systems, related software, and all subsequent developments, updates and/or modifications thereof. |
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Baggage: |
any container subject to the Lost Luggage Concierge Service offered by sostravel, with the exclusion of its contents. |
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QR code: |
The QR code shown in the email received by the User after purchasing the Service online and required to activate the Service by inserting it in the APP. |
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General Conditions: |
these general terms and conditions. |
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Customer Care: |
the sostravel team that provides the Lost Luggage Concierge service in the following languages Italian, French, English, Spanish, Portuguese, Russian. |
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Damaging Events: |
the Delayed Baggage Tracing and/or the Loss of Baggage. |
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Airline Compensation: |
the amount the airline will pay the User in the event of Loss of Baggage. |
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Non-Delivery of Baggage: |
the non-delivery of the Baggage on arrival at the destination. |
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Receipt and Release Form: |
has the meaning set forth in paragraph 3.3.4. |
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Claim Form: |
has the meaning set forth in paragraph 3.3.4. |
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Online Shop: |
sostravel’s E-Commerce website, where it is possible to buy online the Lost Luggage Concierge Service and the VIP Lounge Service. |
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Penalty Form: |
has the meaning set forth in paragraph 3.2.1. |
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Withdrawal Period: |
has the meaning set forth in paragraph 5.1. |
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PIR: |
the 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: |
the Procedure which the User is required to follow in the event of Non-Delivery of Baggage |
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Compensation Claim: |
this has the meaning set out in paragraph 3.3.3 |
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Delayed Baggage Tracing: |
When Baggage is found after 48 (forty-eight) hours from completing the Complaints Procedure. |
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Lost Luggage Concierge Service: |
the services offered to the User by sostravel through the APP, as detailed in Article 3. |
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VIP Lounge Service: |
The service described in Article 4. |
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Services: |
The services provided by sostravel. |
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Loss of Baggage: |
the failure to find the Baggage within 21 (twenty-one) days from the Non-Delivery of Baggage |
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sostravel or Company: |
sostravel.com S.p.A., with registered office at Via Marsala 34/A, Gallarate (VA), registered in Varese Companies Register under no. 03624170126 and in the Economic Administrative Register (REA) under no. 366690. |
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Baggage Tag: |
the Baggage identification code issued by the airline to the User at the time of check-in. |
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Active Tracking: |
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, SMS or notifications on the APP or via the web. |
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User: |
any person who uses the Service offered by sostravel and described in these General Conditions. |
Article 2 – SERVICES
2.1 – The Company organizes and manages assistance services for airport travellers.
2.2 – In particular, the Company offers the Lost Luggage Concierge Service as described in Article 3 and the VIP Lounge Service as described in Article 4.
2.3 – By purchasing the Services, the User expressly declares to be aware that the functioning of the Online Shop depends on the degree and level of coverage of the mobile or WI-FI network used, the choice of which is the exclusive competence and responsibility of the User.
2.4 – The purchase of the Services is reserved to adults. Any purchase made by a minor under the age of eighteen (18) years requires the prior authorization of his or her legal guardian.
2.5 – The User is responsible for complying with these Terms and Conditions, which User must accept in full when purchasing any of the Services.
Article 3 – LOST LUGGAGE CONCIERGE SERVICE
3.1 – Features of the Lost Luggage Concierge Service
3.1.1 – 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 through the APP before the start of the flight, 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.
3.1.2 – 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, SMS, 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 case of Damaging Events referred to in section 3.3 below, providing sostravel with the information and documents requested by the latter.
3.1.3 – In the event of Non-Delivery of Baggage, sostravel undertakes to locate the Baggage within 48 (forty-eight) hours of a complaint being submitted.
3.1.4 – 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, or by sending an email to the address customercare@sostravel.com.
How to use the Lost Luggage Concierge Service
3.1.5 – V.I. THE LOST LUGGAGE CONCIERGE SERVICE CAN ONLY BE USED THROUGH THE APP. THEREFORE, IN ORDER TO ACTIVATE AND USE THE LOST LUGGAGE CONCIERGE SERVICE THE USER MUST DOWNLOAD THE APP FROM APPLE STORE (IOS VERSION), FROM GOOGLE PLAY (ANDROID VERSION) AND FROM HUAWEI APPGALLERY (ANDROID VERSION). THE APP IS FREE TO DOWNLOAD.
3.1.6 – The use of the APP is permitted only to those who have a mobile device (smartphone or tablet) in full working order, equipped with a cellular SIM enabled for internet connection and a charged battery, with the location services of the device (WI-FI and GPS) regularly active.
3.1.7 – V.I. TO ACTIVATE THE LOST LUGGAGE CONCIERGE SERVICE THE USER MUST, BEFORE THE DEPARTURE OF THEIR FLIGHT, REGISTER ON THE APP: THE QR CODE, THE FLIGHT NUMBER AND THE TAG OF THE BAGGAGE TO BE TRACED. FAILURE TO DO ANY ONE OF THESE ACTIVITIES WILL RESULT IN THE SERVICE NOT BEING ACTIVATED AND THE USER WILL NOT BE ENTITLED TO A REFUND OF THE AMOUNT PAID NOR TO THE PENALTY REFERRED TO IN SECTION 3.2.
3.1.8 – The QR Code to be entered on the APP is provided in the email received by the User after purchasing the Lost Luggage Concierge Service on the Online Shop.
3.1.9 – When purchasing the Lost Luggage Concierge Service on the Online Shop, the User has access to his or her account on the APP using the username and password activated during registration on the Online Shop, and he or she must access his or her account on the APP to activate and use the Lost Luggage Concierge Service purchased.
3.1.10 – User must certify that all information provided at the time of purchase (including, but not limited to, personal data and payment details) is current and accurate in all relevant respects.
3.1.11 – Once registered, the User has a username and password that allow him/her to connect to his/her account. Only the account holder is authorised to access 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 have been made by the User or with the User’s authorisation, unless the User can prove otherwise.
3.1.12 – sostravel reserves the right to immediately close the User’s account in case the information provided at the time of its opening is false.
3.1.13 – All personal data provided by the Users on the Online Shop and/or during the installation and/or use of the APP shall be treated by sostravel in accordance with applicable privacy law and the Company’s privacy policy.
3.1.14 – The User, by purchasing the Lost Luggage Concierge Service, expressly declares that he/she is aware that the functioning of the APP and/or the Online Shop depends on the degree and level of coverage of the mobile or WI-FI network used, the choice of which is the exclusive competence and responsibility of the User.
3.2 – Penalty
3.2.1 – In case 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 penalty, calculated as set out below, it being expressly understood that no further damages may be claimed (the “Penalty”).
3.2.2 – The Penalty may be due in the event of:
• Delayed Baggage Tracing; or
• Loss of Baggage.
3.2.3 – In case of Delayed Baggage Tracing, the Penalty will be:
• 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 Baggage is found 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.
• 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 Baggage is found 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.
3.2.4 – In case of Loss of Baggage, the Penalty will be paid, after the User has received the Airline Compensation, in an amount equal to 60% of Airline Compensation within the maximum overall limit of Euro 4,000.00 (four thousand / 00). As an example:
• if the Airline Compensation is equal to Euro 3,000.00 (three thousand / 00), the Company will pay a Penalty equal to Euro 1,800.00 (one thousand eight hundred / 00);
• if the Airline Compensation is equal to Euro 4,000.00 (four thousand / 00), the Company will pay a Penalty equal to Euro 2,400.00 (two thousand four hundred / 00);
• if the Airline Compensation is equal to Euro 10,000.00 (ten thousand / 00), the Company will pay a Penalty equal to Euro 4,000.00 (four thousand / 00);
• if the airline does not pay any compensation, sostravel will not pay any Penalty or any other type of compensation.
3.2.5 – The User’s right to receive the Penalty is subject to the following conditions: a) that the Baggage has been registered and handed over to the authorised airline personnel at the time of check-in and possesses a Baggage Tag; 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; and c) that User has not already received 2 (two) Penalty payments for Loss of Baggage claims in the three-year period prior to the Compensation Claim.
3.2.6 – It is understood that: a) if the Baggage is nevertheless traced, even after the period referred to in paragraph 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.
3.2.7 – 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 case 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 documented evidence of the delivery date of the Baggage; c) if, in case of Loss of Baggage, the User has already received the Penalties for 2 (two) other cases of Loss of Baggage occurring in the three-year period prior to the Compensation Claim, or should the User fail to provide adequate proof of the payment of the Airline Compensation Company and its amount; e) for expenses incurred for purchasing goods and any other expense or inconvenience resulting from any Damaging Event.
3.2.8 – 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.
3.3 – Complaints Procedure and Instructions in the event of Damaging Events
3.3.1 – 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 paragraph 3.1.3 shall begin when the Non-Delivery of Baggage is reported to sostravel.
3.3.2 – 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.
3.3.3 – Penalty Claim.
Within and no later than 21 (twenty-one) days from the expiry of the period indicated in paragraph 3.1.3, the User must send sostravel the penalty payment request (“Compensation Claim”) by contacting sostravel Customer Care by telephone or email.
3.3.4 – Document collection and completion. Sending of the Claim Form and Receipt and Release Form.
After sending the Compensation Claim, the User shall receive by email a pre-completed form containing the data gathered and the instructions to follow to obtain the Penalty (the “Claim 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 Baggage 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 Airline Compensation together with the bank transfer slip or another proof of payment of the Airline Compensation;
• Signed and duly completed Claim Form;
• ID Card;
• Proof of purchase.
Once the aforementioned documents are received, Customer Care can process the Compensation Claim for the necessary checks. If no anomalies are found, the User will receive a “Receipt and Release Form” by email. The User shall enter in a dedicated section of the sostravel website or, alternatively, send Customer Care by email a signed and duly completed electronic copy of the Receipt and Release Form and shall send the original to sostravel.com S.p.A. to the attention of the Customer Care Office, via Marsala 34/A – 21013 Gallarate (VA), Italy or by fax to the single number: + 883 51000 13 98797. Only once the original completed and signed Receipt and Release Form is received shall sostravel proceed with the payment of the Penalty. After 6 (six) months have elapsed from Compensation Claim being made to sostravel, if the required documents have not been sent, or if there is any other delay in managing the Damaging Event that is not attributable to the Company, the Compensation Claim of the User shall be closed and the latter shall not be entitled to any compensation.
3.3.5 – Collection and Approval of Receipt and Release Form
The User is required to return a duly completed and signed electronic copy of the Receipt and Release Form to the Company by uploading it in a dedicated section of the sostravel website or by sending it by email (customercare@sostravel.com) or fax (unique number: + 883 51000 13 98797) within 6 (six) months from the approval of the Compensation Request. Upon receipt of the duly completed and signed Receipt and Release Form, sostravel will verify its conformity and, if no anomalies are found, will approve the Receipt and Release Form within 5 (five) days.
3.3.6 – Payment of the Penalty and Time Limits
The Company will pay the Penalty within 90 days from approval of the Receipt and Release Form.
If after 6 (six) months from the opening of the Compensation Claim, corresponding to the submission of the Claim Form referred to in paragraph 3.3.4, sostravel, in case of failure to provide the requested documents, or any other delay in the management of the Damaging Event not attributable to the Company, the User’s Compensation Claim will be closed and the User will not be entitled to payment of any Penalty or other compensation whatsoever.
After 2 (two) months from the approval of the Compensation Claim, corresponding to the submission of the Receipt and Release Form referred to in paragraph 3.3.5, in case of failure to return the duly completed and signed Receipt and Release Form, or any other delay in the management of the Damaging Event not attributable to the Company, the User’s Compensation Claim will be closed and the User will not be entitled to payment of any Penalty or other compensation whatsoever.
3.4 – Lost Luggage Concierge Service fee and subscription
3.4.1 – The Lost Luggage Concierge Service must be purchased prior to flight departure via the APP or the Online Shop and is available on a “pay-per-use” basis, meaning that the User may only purchase the Lost Luggage Concierge Service for a single flight and a single piece of Baggage. If User wishes to add additional Baggage to the same journey, User must pay an additional 8
fee for each additional Baggage at the price indicated in the appropriate section of the APP or on the Online Shop at the time of purchase of the Service.
3.4.2 – The price of the Lost Luggage Concierge Service is as stated in the relevant section of the Online Shop at the time of purchase.
Article 4 – VIP LOUNGE SERVICE
4.1 – The VIP Lounge Service allows the User to wait for boarding in an airport lounge dedicated and reserved for those who have paid for access to the VIP lounge. Access to the room allows the use of services offered by the lounge manager (an independent third party with respect to sostravel), the provision of which does not depend on the Company, which remains completely unrelated and does not assume any guarantee.
4.2 – The VIP Lounge Service can be purchased by the User on the Online Shop and can be used by the User by presenting the code indicated below in paper or electronic format to the VIP Lounge staff.
4.3 – Once the purchase procedures for the VIP Lounge Service have been completed on the Online Shop and the economic transaction has been confirmed, the User will receive an e-mail at his/her e-mail address containing a code that must be shown, together with a valid flight ticket and/or boarding pass, to the VIP Lounge staff at the time of access. The code is generated in the User’s name and is not transferable to third parties.
4.4 – The VIP Lounge Service is available as a single-entry ticket for a fee, at the price indicated at the time of its purchase on the Online Shop. The purchase price of the VIP Lounge Service may vary based on the conditions applied for the VIP Lounge Service by the individual airport or lounge operator.
4.5 – sostravel is not liable for any dispute or claim that may arise between the User and the operator of the VIP lounge, nor for any loss, cost, damage or expense that may be incurred within the VIP lounge.
Article 5 – USER WITHDRAWAL
5.1 – The User, in accordance with the law pertaining to distance contracts and contracts negotiated outside of business premises, may exercise the right of withdrawal in the form and manner provided for in Articles 52 and following of Legislative Decree 206/2005 (Consumer Code) within 14 (fourteen) days from the date of purchase of the Services (the “Withdrawal Period“). Specifically, the User must send a written notice by certified e-mail at sostravel@pec.net or by registered mail to the attention of the Customer Care Office of sostravel.co, S.p.A., via Marsala 34/A – 21013 Gallarate (VA), Italy or by fax to the unique number: +39 0331 1582452, expressly stating the will to withdraw from the Services purchased. The Company will issue a refund within 14 (fourteen) days from the date of receipt of the request for withdrawal for any payments made by the User through the same methods used by the same, unless otherwise indicated. If during the Withdrawal Period the User has used the purchased Services, User will not be entitled to any refund.
Article 6 – CHANGES TO THE CONTRACT AND SERVICES
6.1 – sostravel reserves the right at any time to amend these General Conditions and to add new or additional terms or conditions relating to the use of the APP. These changes and additional terms and conditions shall be communicated to the User and, if accepted, shall enter into force immediately and shall be incorporated into these General Conditions. In the event the User does not accept these changes, sostravel shall be entitled to terminate the relationship.
6.2 – sostravel reserves the right from time to time and at any time to modify the Services and, more generally, the contents of the APP.
Article 7 – SUSPENSION OF THE SERVICES
7.1 – The Company shall ensure the highest level of availability possible of the Services and shall ensure that they are available on an uninterrupted basis. However, sostravel reserves the right to modify, suspend or interrupt the Services (or any part or contents of the same) at any time and without notice: the Company shall not be liable to the User if they decide to exercise this right. Insofar as it is possible, sostravel shall inform the User in advance of these changes, suspensions or interruptions to the Service(s). The termination of these Services shall have no effect on the Services which the User has already purchased.
Article 8 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
8.1 – Company will provide the Services with reasonable care and diligence. User agrees that the APP, the Online Shop and the Services are provided “as is” and “as available” without any warranty of any kind, express or implied. sostravel does not warrant that the Services will be available at any time, secure or error-free and that the results of their use will meet User’s requirements. sostravel, therefore, does not offer any warranty as to the results that are expected, hoped for or obtained by User with the use of the APP and/or the Online Shop and/or the Services.
8.2 – The User shall use the APP at their own risk and danger and shall assume the responsibility that any contents downloaded through the APP may cause the loss of data, create damage, attacks, viruses, interference, hacking into the computer system of their mobile device or other security intrusion.
8.3 – The User expressly exempts the Company from any unlawful, imprudent or negligent use and/or misuse of the APP, even when carried out by third parties or by minors using the device or account of the User.
8.4 – The APP contains links to other sites, whose terms of use and privacy policies will be different from those adopted by the Company. sostravel is not liable for the contents, terms of use or privacy policies of these external sites.
Article 9 – LICENCE
9.1 – The APP, the relevant software and its subsequent developments, updates and/or amendments are the exclusive property of sostravel.
9.2 – By accepting these General Conditions, sostravel grants the User the non-exclusive, non- transferable and non-sublicensable licence to use the APP. The User is therefore prohibited from producing copies or transferring to third parties, in any manner, other rights over the APP. The User is also prohibited from modifying, adjusting, taking apart, decrypting, decompiling, correcting, bypassing or modifying in another way the contents of the APP and of the online shop.
Article 10 – INTELLECTUAL PROPERTY
10.1 – The User accepts that the Services, including, for example, the graphic contents, the user interface and the software used to implement the Services, contain information and material which are the property of sostravel and/or its business partners and which are protected by the laws on intellectual property and other applicable laws. The User accepts that it will not use this proprietary material or information in any way other than to use the Services for personal and non-commercial use in accordance with these General Conditions. No part of the Services may be reproduced in any form or by any means, with the exception of anything expressly permitted by these General Conditions. The User also accepts that it will not modify, rent, loan, sell or distribute the Services in any way, and that they shall not use the Services in any way that is not expressly authorised.
10.2 – The name of sostravel and any other business partner of the Company used in connection with the Services are all trademarks or registered trademarks. The User is not permitted any other right or licence in relation to any of these trademarks.
Article 11 – TERMINATION AND RESTRICTIONS IN THE EVENT OF VIOLATION OF THESE GENERAL CONDITIONS BY THE USER
11.1 – If the User commits a serious breach of the terms of these General Conditions, sostravel reserves the right, at its exclusive discretion and without prejudice to any other right, to immediately terminate, without the need to provide notice and without any liability towards the User, the account of the User and/or the subscriptions activated by the latter or to limit, in full or in part, use of the account and the Services by the User.
Article 12 – APPLICABLE LAW AND COMPETENT COURT
12.1 – These General Conditions are governed by Italian Law.
12.2 – The court where the User is resident or domiciled shall have jurisdiction over any dispute relating to these General Conditions.
Article 13 – VEXATIOUS CLAUSES
13.1 – The User declares that he/she has read and accepts the aforementioned General Terms and Conditions for the adhesion to the Service offered and declares to expressly accept, pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code the following articles: 2 (Contents of the APP), 3 (Lost Luggage Concierge Service), 4 (VIP Lounge Service) 6 (Changes to the contract and services), 7 (Suspension of the Services), 8 (Disclaimer of warranty and limitation of liability), 9 (Licence), 10 (Intellectual Property), 11 (Termination and restrictions in the event of violation of these General Conditions by the User), 12 (Applicable law and competent court).
Valid from 31st Of March