General Terms and Conditions of Services

These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) govern the contractual relationship between SOSTRAVEL.COM S.p.A. (Tax ID, VAT registration number in the Rome companies register 03624170126 and REA no. RM-1683616), with its registered office in Viale Europa 98, 00144 Rome – Italy (holder of the license to operate as a travel agency and online tour operator, issued by the Municipality of Rome, n. 76987) other contacts available directly on the Site (“SosTravel” or the “Company”), and the Customer regarding the provision of services as described below.

SECTION I – GENERAL CONDITIONS

1. Definitions

The terms below have the following meaning:

  • Account: means the personal profile that the Customer registers on the App and/or the Website and/or any online platform owned by SosTravel in order to purchase and/or activate the Services
  • Active Tracking: has the meaning set out in Article 6.4. of the General Terms and Conditions.
  • Airport of Redelivery: has the meaning set out in Clause 6.3 below.
  • App: means SosTravel’s proprietary mobile applications for iOS and Android systems, related software and all subsequent developments, updates and modifications thereof, which the Customer must necessarily download in order to use the Services.
  • Baggage: means each item of baggage with a unique Baggage Tag for which the Customer purchases the Services, excluding its contents.
  • Baggage Redelivery: has the meaning set forth in Article 6.3 below.
  • Baggage Tag: indicates the Baggage identification code issued to the Customer at check-in by the airline.
  • Baggage Tracing: has the meaning set out in Article 6.3 below.
  • Carrier Compensation: shall mean the amount of money paid by the air carrier to the Customer in the event of Permanent Loss of Baggage.
  • Customer: means the person who purchases or uses the Services.
  • Customer Care: refers to SosTravel’s 24/7 customer service, available by phone at +39 0691511041 (Italy); +33 170615702 (France); +35 1300505951 (Portugal); +41 435507016 (Switzerland); +1 514 3126536 (Canada); +420 2 96249100 (Czech Republic); +48 22 2662454 (Poland); +1 786 4143370 (USA), and by e-mail at customercare@sostravel.com.
  • Delayed Redelivery of Baggage: has the meaning set forth in Article 8.2(i) below.
  • General Conditions: means the general conditions of the Services set out below.
  • Lost & Found Office: means the office or place at Customer’s destination airport where Customer’s airline processes and collects lost, mishandled or delayed baggage.
  • Lost Luggage Concierge Service (also referred to as Lost Luggage Concierge): means the Service described in Article 6.
  • Maximum Service Guarantee Limit per Baggage: means the the maximum, aggregate, all-inclusive and one-time limit defined in Section 10.1.
  • Online Stores: means the e-commerce pages available on the Site and/or on the sites of SosTravel’s authorised resellers, where the Customer can purchase the Services online.
  • I.R.: “property irregularity report” form to be filled in at the Lost & Found Office office at the destination airport.
  • Point of Sale: means the physical points of sale of SosTravel’s official retailers (i.e. kiosks at airports, travel agencies, etc.) where the Customer can purchase the Services.
  • Procedure: means the procedure for claiming the Service Guarantee described in Article 12 of the General Conditions.
  • Quitclaim Form: has the meaning set out in Article 12.2 below.
  • Request for Payment: has the meaning set forth in Article 12.1(iv) below.
  • Service Guarantee: has the meaning set forth in Section 8.1 below.
  • Service Guarantee Form: has the meaning set out in Article 12.1 (v) below.
  • Services: means the Services described below in Section 2.
  • SosTravel: indicates the company SosTravel.com S.p.A. (C.F, P.IVA and VAT number and registration number with the Viale Europa 98, 00144 Rome – Italy (holder of the license to operate as a travel agency and online tour operator, issued by the Municipality of Rome, n. 76987)
  • Website means the SosTravel website available at the link https://www.sostravel.com/.
  • Withdrawal Period: has the meaning set out in Article 14.1 below.

2. Services

2.1 The company is active in digital tourism and provides travelers assistance and information services. The company is also a world leader in the service of tracing lost flight luggage and acts as an intermediary in brokering the sale of travel packages along with other tourist-related services.

2.2. Specifically, the Company offers the following Services for travel that commences from within the United States of America:

(a) Lost Luggage Concierge Service (also defined as Lost Luggage Concierge), sold and provided directly by SosTravel;

(b) Free complimentary services provided through the App;

 

3. App Activation and Account Creation

3.1 In order to use the Services, the Customer must download the free Apps from the Apple Store (iOS version), from Google Play (Android version) or from Huawei AppGallery (Android version).

3.2 To access the Services through the Apps, the Customer must register his profile and create an account (“Account“) using the forms provided by SosTravel and provide, among other information, the following: first name, last name, date of birth and valid e-mail address.

3.3 Personal data communicated by the Customer and those provided on the App (or during installation and/or use) and on the Website shall be stored in a special database managed by SosTravel and will be processed by SosTravel in compliance with the privacy legislation in force at any given time and the privacy policy adopted by the Company and published on the Site.
3.4 The Customer shall be responsible for complying with these General Terms and Conditions, which he shall accept in full when registering his Account.

3.5 The use of the Apps is only permitted to Customers who have a fully functional mobile device (smartphone or tablet), equipped with an internet-enabled mobile SIM card and a charged battery, with the device’s localisation services (WI-FI and GPS) regularly activated.

3.6 Only Customers with a registered account can make a purchase in the App. Registration is validated after completing the required information. The Customer certifies that all the information provided at the time of purchase (including, but not limited to, personal data and payment data) are current and accurate in all relevant aspects.

3.7 App registration for purchasing Services is reserved for adults over eighteen (18) years of age. Any registration by a minor under eighteen (18) years requires prior authorization from their legal guardian.

3.8 SosTravel reserves the right to immediately close the Customer’s Account if the information mentioned at the time of its opening turns out to be false.

3.9 Once registered, the Customer receives a username and password (of their choice) that enable them to connect to his Account.

3.10 In case of purchasing services on the Site, it will not be necessary for the Customer to re-register the Account on the Apps. By using the username and password activated during the registration on the Apps, the Customer will have access to their Account on the Site and, in any case, to use the purchased Services must access their Account on the Apps.

4. DISCLAIMER

4.1 Only the Account holder is authorised to access it using his username and password. The Customer is obligated to keep his password strictly confidential, refraining from sharing it with any third party, whether verbally or in writing. Customers are entitled to access solely the Apps and the Site through their Account.

4.2 Any access to the Customer’s Account and any activities conducted through it, including purchases and reservations, are presumed to be carried out by the Customer or with their authorisation. SosTravel is absolved of all liability concerning access, purchases, and reservations made through the Account by third parties, resulting from the loss, theft, or any form of unauthorised use of passwords and/or Accounts, including but not limited to their use on unofficial applications or websites.

4.3 UNDER NO CIRCUMSTANCES SHALL SOSTRAVEL ASK THE CUSTOMER TO DISCLOSE HIS PASSWORD. THEREFORE THE CUSTOMER MUST UNDER NO CIRCUMSTANCES DISCLOSE THE PASSWORD TO THIRD PARTIES, EVEN IF THEY PRETEND TO BE SOSTRAVEL.

 

5. Currency and fees

5.1 The fees for the Services are expressed in the currency of the country where the Service is purchased.

5.2 The fees for the Services may vary depending on the country and the sales channels where the Service is purchased.

5.3 The fees for the Services are available on the Website, in the App, in the Online Shops and at the Points of Sale.

5.4 SosTravel reserves the right to provide discounts and/or favourable conditions for customers.

5.5 SosTravel reserves the right to suspend, revoke and/or amend any discounts or favourable conditions at any time. Such changes will not affect discounts or favourable conditions that have already been availed by the Customer.

5.6. The service guarantee will be issued in the same currency the Customer used for the Service purchase. Specifically, if the purchase was made in USD (United States of America Dollars), EUR (Euros) or CAD (Canadian Dollars), the penalty will also be issued in the corresponding currency. Should the Service be purchased in a currency other than USD, EUR or CAD, the Penalty will be issued in EUR.

SECTION II – GENERAL CONDITIONS OF SERVICES

6. Lost Luggage Concierge Service (also called Lost Luggage Concierge)

6.1 With the Lost Luggage Concierge Service, SosTravel undertakes, in case of non-delivery, at the destination airport, of the Baggage checked in by the Customer in case of an air flight (“Non-Delivery“) to
(a) trace the non-delivered Baggage and cause it to be returned within 48 (forty-eight) hours from the moment SosTravel is notified of the Non-Delivery, as detailed in Article 12.1(iii) below;
(b) to provide active tracing of non-delivered Baggage, by transmitting to the Customer – via Customer Care – information on the status of the Baggage tracing process, through phone calls, SMS, notifications on the Apps, e-mails or on the Site via access to his/her Account (“Active Tracking“);
(c) actively interact with the dedicated SITA World Tracer portal and airport handlers and access the information generated by them regarding the movement of Baggage(s), in order to streamline the Baggage redelivery process.
6.2 The tracing of the non-delivered Baggage consists of (i) the change of status (from “non delivered” to “traced”), visible on the Apps and/or communicated to the Customer, of the Baggage for which the Lost Luggage Concierge Service has been activated and (ii) the related communication by the Company informing the Customer of its discovery (the “Baggage Tracing“).
6.3 The return of non-delivered and traced Baggage (the “Baggage Redelivery“) consists of the return of the Baggage for which the Lost Luggage Concierge Service has been activated either (the “Place of Redelivery“): (i) at the airport indicated by you in the P.I.R. or (ii) at a different address indicated by the Customer in the P.I.R. provided, however, that it is located on the mainland (i.e. excluding islands and ships etc.) and within a radius of 100 linear kilometers by air from the nearest airport.
6.4 The search and tracing of the Baggage and any further obligation of SosTravel shall, in any event, terminate 21 (twenty-one) days after the Non-Delivery of the Baggage.
6.5 The Service is nominative and not transferable to third parties.

 

7. Purchase and activation of the Lost Luggage Concierge Service

7.1 The Service can be purchased on the App, in Online Stores and at Points of Sale.

7.2 The Service must be purchased prior to flight’s departure, and the cost refers to a single piece of Baggage for a single flight (the definition of a single flight also includes a technical stopover ([1]). It is possible to purchase the Service for more than one flight or more than one piece of Baggage.

7.3 When purchased via Online Shops, the Customer prior to the start of the flight must log in to the Account registered on the App and enter the alphanumeric code or QR code for the purpose of activating the Service.

7.4 When purchased at Points of Sale, the Service is automatically activated.

([1]) For example, when travelling from Milan to New York with a technical stopover in Frankfurt, the Service is valid from Milan to New York.

(1) For example, when travelling from Milan to New York with a technical stopover in Frankfurt, the Service is valid from Milan to New York.

 

8.SERVICE GUARANTEE

8.1 In the event that the Baggage is not delivered within 48 hours after informing SosTravel of the Non-Delivery of the Baggage, SosTravel shall be obligated to pay to the Customer, as a service guarantee, a sum of money quantified in accordance with Articles 9 and 10 of the General Conditions (the “Service Guarantee“), specifically excluding compensation for any further damage.

8.2 The Service Guarantee is recognised:

(i) if the Baggage is redelivered more than 48 (forty-eight) hours after the moment the Non-Delivery of the Baggage is reported to SosTravel but not later than the 21st (twenty-first) day from the date of Non-Delivery of the Baggage (“Delayed Delivery“), or

(ii) in case of the failure to deliver the Baggage within 21 (twenty-one) days from the date of notification to SosTravel of the Non-Delivery of the same (“Definitive Loss”). Please note that once 21 (twenty-one) days have elapsed from the date of Non-Delivery of the Baggage, the Company will suspend tracking.

8.3 The Company’s obligation to pay the Service Guarantee is subject to the following requirements:

(i) Baggage must have been checked in and handed over to authorized airport personnel who provide a Baggage Tag;

(ii) the Customer must have properly notified Customer Care and followed the Procedure specified in Article 12 of the General Terms and Conditions;

(iii) the Customer must have provided adequate documentation of the date of Non-Delivery of the Baggage and the date on which the Baggage was re-delivered.

(iv) Late Delivery and/or Non-Delivery of Baggage must not be attributable to the Customer.

8.4. The Customer’s right to compensation for damages in addition to the Service Guarantee is expressly excluded (for example, for the expenses incurred for the purchase of goods and any other expenses or for the inconvenience resulting from the Non-Delivery of Baggage). The Service Guarantee limits the maximum amount of compensation for contractual liability owed by the Company in the event the Company is unable to successfully reconnect the Customer with his or her baggage within the time frame identified in Section 8.2 above. In case of Delayed Delivery of Baggage and Definitive Loss of Baggage, the Service Guarantee extinguishes all legal and financial obligations of SosTravel, which is not obligated to pay Customer any additional sum or goods.

 

9. EXCLUSIONS AND DISCLAIMERS.

9.1 The Service Guarantee shall not be due if the Non-Delivery of the Baggage is attributable to the Customer’s willful misconduct or negligence (by way of example, if the Customer loses or abandons the Baggage at the destination airport).

9.2 THE PURPOSE OF THE LOST LUGGAGE CONCIERGE SERVICE IS TO ASSIST THE CUSTOMER IN RECOVERING DELAYED OR MISHANDLED BAGGAGE. IN THE EVENT SOSTRAVEL FAILS TO ASSIST THE CUSTOMER IN SUCCESSFULLY RECOVERING DELAYED, MISHANDLED OR LOST BAGGAGE PURSUANT TO THESE GENERAL TERMS AND CONDITIONS, SOSTRAVEL’S LIABILITY TO CUSTOMER DUE TO BREACH OF CONTRACT OR ANY OTHER LEGAL OR EQUITABLE REMEDY IS STRICTLY LIMITED TO PAYMENT OF THE APPLICABLE SERVICE GUARANTEE, SUBJECT TO THE CUSTOMER’S COMPLIANCE WITH THESE GENERAL TERMS AND CONDITIONS. IN NO EVENT SHALL SOSTRAVEL BE LIABLE FOR ANY THEFT OR PHYSICAL DAMAGE TO BAGGAGE OR ITS CONTENTS. THE LOST LUGGAGE CONCIERGE SERVICE IS NOT INSURANCE AND DOES NOT REPLACE ANY TRAVEL INSURANCE.

 

10. Delayed Redelivery of Baggage

 

10.1 The amount of theService Guarantee paid by the Company shall be equal to:

(i) $100.00 EUR, USD or CAD, in the case of direct flights, or

(ii) $50.00 EUR USD or CAD, in the case of flights with a stopover,

for each day of Delayed Baggage Check but up to a maximum of ten (10) days of Delayed Redelivery of the Baggage.

The 10-day maximum Service Guarantee period indicated above starts 48 hours after SosTravel has been informed of the Non-Delivery of the Baggage but cannot exceed 21 days after the Baggage has not been delivered.

Maximum Service Guarantee Limit per Baggage

In any event, the Service Guarantee per Baggage may not exceed the maximum, aggregate, all-inclusive and one-time maximum of:

(i) $1,000.00 EUR, USD or CAD, per direct flight, or

(ii) $500.00 EUR, USD or CAD per flight with stopover.

For instance, if the baggage fails to be delivered on 1 December, notification to SosTravel is required by 2 December; the Company starts searching for the non-delivered baggage from the date and time the P.I.R. is filed; the Customer is entitled to $100 USD or $50 USD for each day of non-delivery of baggage for a maximum of 10 days starting from 4 December (i.e., 48 hours from 2 December, the time the P.I.R. is filed) until 14 December (i.e., 10 days from 4 December), assuming that the Baggage is reclaimed on 20 December.

11 Definitive Loss of Baggage

11.1 In the case of Definitive Loss of Baggage as defined in Section 8.2(ii), the Customer may recover the Maximum Service Guarantee Limit per Baggage for each item of Baggage that is subject to Definitive Loss.

 

12,Procedure for requesting the Service Guarantee

12.1 In the event of Non-delivery of Baggage, the Customer shall follow the following procedure:

(i) Completion of the P.I.R. form at the Lost & Found Office: the Customer must go immediately to the Lost & Found Office office at the destination airport and complete the P.I.R. form before leaving the airport, also indicating the Place of Return. Immediately upon noticing the Non-Delivery, the Customer must visit the Lost & Found Office office at the destination airport to fill out the Property Irregularity Report (P.I.R.) form, indicating the Place of Redelivery.

(ii) Notification to the air carrier: after completing the P.I.R., the Customer shall notify the airline of the Baggage Non-Delivery in order to initiate the necessary procedures to obtain the Carrier’s compensation.

(iii) Informing SosTravel: Immediately after having filled in the P.I.R. form and not later than 24 hours from landing, the Customer must inform SosTravel of the Non-Delivery of the Baggage, by telephone call, SMS or e-mail to Customer Care, providing the P.I.R. data and any documentation requested by the Company. From that date the 48 hours for the redelivery of the Baggage

(iv) Request of payment of the Service Guarantee to SosTravel within the terms provided: the Customer is obliged – within and not later than 21 (twenty-one) days from the expiry of the 48 hour period from the date of the Information to SosTravel – to contact by e-mail SosTravel Customer Care and forward the request for payment of the Service Guarantee (the “Request for Payment“) relating to the Delayed Delivery.

(v)Service Guarantee Form: following the sending of the Request for Payment within the 21 days indicated above, the Customer will receive by e-mail from Customer Care a form (the “Service Guarantee Form”), which must be duly completed and signed by the Customer.

(vi) Sending of documents: the Customer shall be required to send an electronic copy of each of the following documents by e-mail to Customer Care:

  • valid identity document of the Customer;
  • tax receipts or proof of purchase of the Lost Luggage Concierge Service;
  • airline ticket and Baggage Tag issued by the airline;
  • I.R. prepared by the airport’s Lost & Found Office office;
  • Service Guarantee form duly completed and signed;
  • appropriate documentation:

– the date of the Redelivery of the Baggage;

– receipt from the airline indicating the amount of Carrier’s Compensation and bank transfer or other evidence of payment of Carrier’s Compensation by the airline

12.2 Upon document receipt, Customer Care will verify adherence to General Terms and Conditions and check for discrepancies. If verified positively, Customer Care will email a quitclaim form (“Quitclaim Form“) to the Customer, who must return a signed copy. Payment of the Service Guarantee will proceed only upon receipt of the signed Quitclaim Form.

12.3 Should the Customer fail to submit the required documents within 6 (six) months of receiving the Service Guarantee Form via email, or any delays in processing not attributable to SosTravel occur, the Service Guarantee Payment request will be closed without obligation on the Company’s part to make any payment.

12.4 For additional information about the Procedure, Customers are encouraged to contact Customer Care using the provided contact details.

 

13. Additional free traveller services provided through the App

13.1 Through the Apps, the customer can use the following services free of charge:
– Saving boarding passes for airline flights;
– Free access to details on destination, departure and connection airports;
– Notifications on flight status, check-in and boarding waiting times;
– Updates on flight status and any changes to flight gate;
– Checks on incoming flights and on any delays;
– E-mail alerts for flights cancellations or delays;
– Options for customers to make claims for flight cancellations through the Air Help partner, following the conditions listed on their website (https://www.airhelp.com/it/);
– Listings of airport shops, restaurants, and duty-free stores;
– Information on finding airport parking areas;
– Details on services offered at airports, such as pharmacies or currency exchanges.
13.2 The Company makes no commitment or warranty as to: (i) the truthfulness, accuracy and timeliness of the information provided; (ii) customer satisfaction, and shall not be liable for any compensation or indemnity.

 

 

SECTION III – FINAL PROVISIONS

14. Right of Withdrawal for Customers

14.1 The Customer, in the case of purchasing Services on the Apps and/or the Online Shops, in accordance with the regulatory provisions regarding distance contracts and contracts negotiated away from business premises, can exercise the right of withdrawal in the form and manner set out in articles 52 et seq. of Legislative Decree 206/2005 (Italian Consumer Code) within a period of 14 (fourteen) days from the date of purchase of the Services (the “Withdrawal Period“). Specifically, the Customer must send a written communication by registered mail with return receipt to the attention of the Customer Care Office of SOSTRAVEL.COM S.p.A., Viale Europa 98, 00144 – Rome (RM) (PEC: sostravel@pec.net) expressly stating their wish to withdraw from the purchased paid Service.
14.2 SosTravel shall refund within 14 (fourteen) days from the date of receipt of the withdrawal request, any payments made by the Customer by the same means used by the same, unless otherwise stated. If during the Withdrawal Period the Customer has used the purchased Services he/she shall not be entitled to any refund.

 

15. Amendments to Contracts and Services

15.1 SosTravel reserves the right to modify these General Terms and Conditions and introduce new or additional terms concerning the use of the Apps, Site, or Online Stores at any time. Such changes, upon acceptance by the Customer, become effective immediately and will be incorporated into these General Terms and Conditions. In the event that the Customer refuses to accept such changes, SosTravel shall be entitled to terminate the contract without penalty.
15.2 SosTravel reserves the right at any time and from time to time to modify the Services and more generally the content of the Apps and/or the Site and/or the Online Stores.

 

16. Suspension of Services

16.1 The Company strives to ensure the highest possible level of continuous availability of the Services. However, SosTravel reserves the right to modify, suspend or discontinue the Services (or any part or content thereof) at any time and without notice and the Company shall not be liable to the Customer should it decide to exercise such right. To the extent possible, SosTravel shall notify the Customer in advance of such modification, suspension or discontinuance of the Service(s). Termination of the Service shall not affect Services that the Customer has already acquired.

 

17. Disclaimer of Warranty and Limitation of Liability

17.1 The Company will provide the Services with reasonable care and diligence. SosTravel does not guarantee that the Services will be available at all times, secure or error-free or that the results of their use will meet the needs of the Customer. SosTravel, therefore, makes no warranty as to the results that are expected, hoped for or obtained by the Customer through the use of the Apps, the Site, the Online Stores and any online platform connected to the Services.

17.2 The Customer uses the Apps, the Site, the Online Shops as well as any online platform connected to the Services at his or her own risk and assumes responsibility that any content downloaded through them may cause loss of data, damage, attacks, viruses, interference, hacker activity to the computer system of his or her mobile device, or other intrusions into security systems.

17.3 The Customer expressly exonerates the Company from any unlawful, careless, negligent and/or erroneous use of the Apps, the Site, the Online Shops as well as any online platform connected to the Services, even when carried out by third parties or minors with the Customer’s own device or Account.

17.4 the SOS App, the Site and any online platform connected to the Services contain links to other sites, the terms of use and privacy policies of which differ from those adopted by the Company. SosTravel is not responsible for the content, terms of use or privacy policies of these external sites.

 

18. License

18.1 The Apps, related software and any subsequent developments, updates and/or modifications, remain the exclusive property of SosTravel.
18.2 By accepting the present General Terms and Conditions, SosTravel grants to the Customer a non-exclusive, non-transferable and non-sublicensable license to use the Apps, as well as any platform owned by SosTravel.
18.3 The Customer is therefore prohibited from making copies or transferring to third parties, in any way, other rights to the Apps, as well as to any platform owned by SosTravel. The Customer is also prohibited from modifying, adapting, unscrambling, decompiling, correcting, circumventing, or otherwise modifying the content of the Apps, as well as any platform owned by SosTravel.

 

19. Intellectual Property

19.1 The Customer acknowledges that the Services, including but not limited to the graphics, user interfaces and software utilized in the provision of the Services, contain information and materials that are proprietary to SosTravel and/or its business partners and are protected by intellectual property laws and other relevant legislation. The Customer agrees not to use such proprietary information or materials in any manner whatsoever except for use of the Services for personal, non-commercial use in accordance with these Terms and Conditions. No part of the Services may be reproduced in any form or by any means, except as expressly permitted by these General Terms. The Customer also agrees not to modify, rent, lend, sell or distribute the Services in any way, and not to exploit the Services in any way that is not expressly authorised.

19.2 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 Customer is not granted any right or licence in respect of any such trademarks, whether figurative or named.

 

20. Termination and Restrictions in the event of Breach of these General Terms by the Customer

20.1 SosTravel reserves the unequivocal right, at its sole discretion and without waiving any other rights, without the need for any notice of breach and without any liability to the Customer, to immediately block the Customer’s Account and/or subscriptions activated by the Customer or to restrict, in whole or in part, the Customer’s use of the Account and the Services, if the Customer is in serious breach of these General Terms and Conditions.

 

21. Applicable Law and Jurisdiction

21.1 These General Terms and Conditions shall be governed by and construted in accordance with the laws of Italy.
21.2 For any disputes arising from or related to these General Terms and Conditions, the courts of the Customer’s habitual residence shall have the jurisdiction.

Valid from October 24th, 2024