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Terms and Conditions of Use of Signature Flight Support 'Trip Support Service' in Italy

Your use of the trip support services arranged by Signature Flight Support on behalf of our trip support partners at airports across Italy (Airports) (Trip Support Service) is governed by the following terms and conditions. By making a booking (whether with Signature Flight Support directly, or on our website, by telephone, by email or via one of our booking agents) and/or using the Trip Support Service, you agree (and each passenger and any party acting on behalf of such passengers agree) to the following terms and conditions:

“Signature Flight Support”, "we", "our" and "us" are references to SFS Italy s.r.l, Signature Flight Support Italy s.r.l., Signature Flight Support London Luton Limited, or another subsidiary of BBA Aviation plc, respectively, as the context requires. “Customer”, "you" and "your" are references to the Trip Support Service customer, passenger and/or person who makes a Trip Support Service booking and/or any person who is acting on behalf of such customer or passenger(s), as the context requires.

  1. Trip Support Service is a liaison booking service with local partner FBOs at airports where Signature Flight Support does not have a physical presence. In this respect, Signature Flight Support acts as a conduit between the local FBO provider and you, to allow you to book FBO services at the Airports with minimal hassle.
  2. Signature Flight Support does not, as part of the Trip Support Service, provide any of the ground handling or associated services to you, your passengers, your customers, or your aircraft (including, for example, refuelling, de-icing, lounge services, and catering etc), which are provided wholly and exclusively by the local FBO operator at the relevant Airport.
  3. Signature Flight Support, and its employees, agents, and affiliates will not be liable for any claims, liabilities, costs, expenses, damages and losses (whether direct or indirect) suffered or incurred by you arising out of or in connection with your use of the Trip Support Service, or the provision of any ground handling and related services provided by the local FBO operator at an Airport. Any liability for such claims resides solely with the local FBO operator, and you agree that you will direct any and all such claims to the local FBO operator without involving Signature Flight Support in any way.
  4. You agree to indemnify us and our employees, agents and affiliates in respect of any claims, liabilities, costs, expenses, damages and losses (including any direct or indirect losses or consequential losses, loss of profit, loss of reputation, penalties, and legal costs and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with your use of the Trip Support Service, or the provision of any ground handling and related services by the local FBO operator at an Airport.
  5. We will invoice you on behalf of the local FBO operator (such invoice will include our service fee). Such invoice must be paid within 30 days of the date of invoice.
  6. Signature Flight Support will not be held responsible for the quality of any services provided by a local FBO operator at any Airports.
  7. If any of these terms are found by a court or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term shall be deemed to be severed from the remaining terms and conditions and this shall not affect the remainder of the terms and conditions which shall continue in full force and effect.
  8. These terms and conditions are subject to English law and any dispute (including in relation to non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the English courts. Nothing in these terms and conditions affects your statutory rights.
  9. Signature Flight Support reserves the right to unilaterally modify these Terms and Conditions at any time without notice.
  10. Both parties will comply with the requirements of the Data Protection Legislation and agree that the terms of the Data Processing Schedule in Appendix 1 shall apply to the provision of the Trip Support Services.

Appendix 1 – Data Processing Schedule

1 Definitions and Interpretation

1.1 In this Data Processing Schedule, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly: “Applicable Law” means any law including any statute, statutory instrument, bye-law, order, regulation, directive, treaty, decree, legally binding decision, legally binding regulatory code of practice or guidance (including any relevant and legally binding judgment, order or decision of any court, regulator or tribunal) in force from time to time and with which you and/or Signature Flight Support must comply when Processing relevant Personal Data. “Agreed Purpose” shall have the meaning given to in in Annex A below (as the same may be varied from time to time in the manner set out in this Data Processing Schedule). “Data Protection Legislation” the Applicable Law governing the handling of personal information, personal privacy and/or electronic communications, as applicable in the relevant jurisdiction (as the context requires), including:

    • (a) in respect of countries or territories inside the EU:
      • (i) Directive 2002/58/EC and the local laws implementing such directive;
      • (ii) the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and any local laws supplementing or amending its terms; and
      • (iii) the proposed Regulation on Privacy and Electronic Communications and any local laws supplementing or amending its terms (the “RPEC”),
      • as in force and applicable from time to time (together, the “EU Data Protection Laws”);
    • (b) in respect of the United Kingdom (in the event that it ceases to be a member of the European Union and no longer falls within (a)):
      • (i) any laws superseding and/or supplementing the GDPR (including the Data Protection Act 2018);
      • (ii) the local laws implementing Directive 2002/58/EC; and
      • (iii) the RPEC; and
    • (c) in respect of countries or territories outside the European Union but within the European Economic Area and/or European Free Trade Association, any Applicable Law closest in nature and scope to the European Data Protection Laws, governing the use of personal information

and the terms “Controller”, “Data Subjects”, “Personal Data”, “Personal Data Breach”, “Process”, “Processed”, “Processing”, “Processor” and “Supervisory Authority” have the meanings set out in, and will be interpreted in accordance with, such Applicable Law.

“EU Model Controller to Processor Clauses" the transfer agreement incorporating the standard contractual clauses for data processors established in third countries pursuant to the EU Commission Decision (2010/87/EU) of 5 February 2010 under EU Directive (95/46/EC), or such other Commission decision as may replace it from time to time.

“Group” means in relation to either party, that party, and any holding company and any parent company and any subsidiary and any subsidiary undertaking or trading division of that party or such company, such terms in italics having the meanings attributed to them in the Companies Act 2006 and "Group Company" means any one of them;

"Relevant Personal Data" means personal data which is Processed by Signature Flight Support on your behalf pursuant to this Data Processing Schedule, as more particularly described in Annex A (Details of Personal Data Processed); and

"Restricted Transfer" means an international transfer of Relevant Personal Data which would be prohibited by Data Protection Legislation in the absence of a valid transfer mechanism under the Data Protection Legislation, such as the EU Model Controller to Processor Clauses.

“Sub-Processor” means the sub-processors detailed at the Signature Flight Support website, as updated from time to time.

1.2 In this Data Processing Schedule, unless the context otherwise requires:

  • (a) Any reference to this Data Processing Schedule includes its Annexes;
  • (b) headings are for convenience only and do not affect the interpretation of this Data Processing Schedule;
  • (c) references to a person includes its legal personal representatives, successors and assigns;
  • (d) a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended, extended or re-enacted from time to time; and
  • (e) any phrase introduced by the terms "include", "including", "particularly" or "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.3 In the case of conflict or ambiguity between:

  • (a) any of the provisions of this Data Processing Schedule and the provisions of any written agreement for services, in relation to personal data, personal privacy and/or electronic communications, the provisions of this Data Processing Schedule will prevail; and
  • (b) any of the provisions of this Data Processing Schedule and any executed EU Model Controller to Processor Clauses, the provisions of the executed EU Model Controller to Processor Clauses will prevail.

2 Data Processing Obligation

  • 2.1 The parties acknowledge and agree that for the purpose of the Data Protection Legislation, the Customer is the Controller of the Relevant Personal Data.
  • 2.2 The Customer shall:
    • (a) comply with Data Protection Legislation and ensure that any instructions it issues to Signature Flight Support shall comply with Data Protection Legislation; and
    • (b) have sole responsibility for the accuracy, quality and legality of Relevant Personal Data and the means by which it acquired Relevant Personal Data and shall establish the legal basis for processing under Data Protection Legislation, including providing all notices and obtaining all consents as may be required under Data Protection Legislation in order for Signature Flight Support to process the Personal Data for the Agreed Purpose as otherwise contemplated by this Data Processing Schedule.
  • 2.3 The Customer authorise Signature Flight Support to act as its Processor as stated in this Data Processing Schedule.
  • 2.4 The Customer:
    • (a) specifically authorises the engagement of Signature Flight Support Group Companies as sub-processors and generally authorises the engagement of the Sub-Processors for the Processing of Relevant Personal Data; and
    • (b) authorises Signature Flight Support to make any Restricted Transfers in order to carry out the Agreed Purpose provided that Signature Flight Support takes such measures as are necessary to ensure the transfer is in compliance with the Data Protection Legislation.
  • 2.5 Signature Flight Support shall process the Relevant Personal Data as a Processor to fulfil the Agreed Purpose, as set out in Annex A (Details of Personal Data Processed).
  • 2.6 Signature Flight Support shall ensure that its contract with each Sub-Processor and Group Company imposes equivalent terms no less protective for the Relevant Personal Data as those imposed on Signature Flight Support in Clauses 2.5 – 2.8.
  • 2.7 Signature Flight Support will inform the Customer of any intended changes concerning the addition or replacement of any Sub-Processor, including by making such information available to the Customer on our web page. Unless the Customer objects to such changes in writing setting out its reasonable concerns in detail within four (4) weeks from such update to the web page, the change shall be deemed accepted by the Customer. If you do object, you shall acting reasonably work with Signature Flight Support in good faith to find an alternate Sub-Processor and/or solution.
  • 2.8 Signature Flight Support shall:
    • (a) only Process Relevant Personal Data pursuant documented instructions received from or on behalf of the Customer (which shall include this Data Processing Schedule and subsequent instructions within the scope of the agreed services from time to time) unless Signature Flight Support is required to Process the Agreement Personal Data to comply with Applicable Law, in which case Signature Flight Support or relevant Sub-Processor will notify you of such legal requirement prior to such Processing unless such Applicable Law prohibits notice to you on public interest grounds;
    • (b) comply with its obligations under the Data Protection Legislation;
    • (c) implement technical and organisational measures to ensure a level of security appropriate to the risk presented by Processing the Relevant Personal Data;
    • (d) without undue delay notify the Customer of any Personal Data Breach;
    • (e) without undue delay provide all relevant information in relation to such Personal Data Breach
    • (f) in relation to the Processing of the Relevant Personal Data under this Data Processing Schedule of any, promptly notify the Customer:
    • (i) request, complaint or other communication received by Signature Flight Support from a Data Subject; and
    • (ii) communication from any relevant Supervisory Authority;
    • (g) provide reasonable assistance to the extent required to comply with its obligations under Data Protection Legislation to the Customer at the Customer’s reasonable cost:
    • (i) for it to respond to requests exercising Data Subjects’ rights under the Data Protection Laws, by appropriate technical and organisational measures, insofar as this is reasonable;
    • (ii) in documenting any Personal Data Breaches and reporting any Personal Data Breaches to any Supervisory Authority and/or Data Subjects;
    • (iii) taking measures to address Personal Data Breaches, including, where appropriate, measures to mitigate their possible adverse effects; and
    • (iv) conducting data protection impact assessments (where such data protection impact assessments are required by Data Protection Legislation) of any Processing operations and consulting with any applicable supervisory authority or appropriate persons accordingly;
    • (h) to the extent required to comply with its obligations under Data Protection Legislation make available to the to the Customer all information necessary to demonstrate compliance with the obligations in clauses 2.5 - 2.9, and allow for and contribute to no more than 1 audit per calendar year (unless mandated by a Supervisory Authority) to be conducted by you or other auditor mandated by you and accompanied by Signature Flight Support employees at a time and location that is convenient to Signature Flight Support. The Customer shall cover its own as well as Signature Flight Support’s reasonable expenses;
    • (i) ensure that persons authorised to Process the Relevant Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; and
    • (j) upon expiry or termination of this agreement or sooner at your request and choice, Signature Flight Support will delete all Relevant Personal Data unless retention is required by Applicable Law.

3 Variations

Signature Flight Support shall not unreasonably withhold or delay agreement to any consequential variations to this Data Processing Schedule (including to Annex A) proposed by the you to comply with the requirements of the Data Protection Legislation.

4 Severability

Should any provision of this Data Processing Schedule be invalid or unenforceable, then the remainder of this Data Processing Schedule shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.

Annex A

Details of Agreement Personal Data Processed

Agreed Purpose To enable Signature Flight Support to provide a liaison booking service with local partner FBOs at airports where Signature Flight Support does not have a physical presence. In this respect, Signature Flight Support will act as a conduit between the local FBO provider and the Customer, to allow the Customer to utilise FBO services at the Airports with minimal hassle.
Duration of Processing For as long as required to carry out the Agreed Purpose
Types of Personal Data The types of personal data which may be processed pursuant to this Data Processing Schedule shall include (but are not limited to):
  • (a) for individual customers only, aircraft type and registered number/tail number;
  • (b) for passengers and flight crew of the Customer, passport and visa details including name, gender, passport number, nationality, date of birth; and
  • (c) for passengers and flight crew of the Customer, dietary requirements/preferences.
Categories of Data Subject The categories of data subject whose personal data is processed shall include (but shall not be limited to):
  • (a) Customer flight crew and passengers
Special Categories of data (if appropriate)
  • (a) for passengers and flight crew, health / assisted access requirements;
  • (b) if clear from passport and/or visa details, race/ethnicity data of your flight crew and/or passengers.
Processing operations The processing activities which may be carried out by Signature Flight Support include (but are not limited to):
  1. acting as a conduit between the Customer and our local partner FBOs;
  2. liaising with our local partner FBOs to obtain quotes for Customer booking request and sending them to the Customer for review and approval;
  3. managing Customer booking request(s) and related enquiries;
  4. providing to our local partner FBO the Relevant Personal Data on behalf of the Customer to enable our local partner FBO to complete the Customer booking request, which may include (depending on the requirements of the Customer’s specific booking request):
    • (i) assisting Customer flight crew and passengers in procedures with customs, immigration, quarantine and security checks subject to related regulations and liaising with local authorities
    • (ii) assisting the Customer, when requested, with obtaining or arranging payment of such fees or permits as may be necessary for aircraft landing, parking, over-flight permits, Air Traffic Control fees, or such other fees as required by the Civil Aviation Authority or relevant Airport Authority
    • (iii) coordinating ground transportation for Customer flight crew and passengers on the airport apron before take-off and/or after landing
    • (iv) providing Customer flight crew and passengers with rest area and hospitality before take-off and after landing
    • (v) providing Customer flight crew and passengers with assistance in booking hotel rooms and transportation
    • (vi) arranging aircraft hangar and special guards on the condition that it is available within the airport
    • (vii) arranging catering services, lavatory services, ramp transport, and fuel as required
    • (viii) informing Customer flight crew and passengers about time of arrival and/or departure of your aircraft and surface transport
    • (ix) when requested by the Customer:
      • (i) providing special equipment, facilities and specially trained personnel, for assistance to Customer VIP passengers,
      • (ii) arranging for special equipment, facilities and specially trained personnel, for assistance to Customer passengers with reduced mobility (PRMs) and/or receiving Special medical transport
      • (iii) providing or arranging for Customer passenger assistance when flights are interrupted, delayed or cancelled. such assistance may include, meal vouchers, rebooking, transportation, hotel accommodation and personnel.
      • (iv) Collect airport and/or any other services charges from Customer departing passengers
      • (v) Provide and arrange for delivery of flight operations related documentation to the aircraft and obtain signature of your pilot-in-command, where applicable
      • (vi) Provide or arrange for control of access to aircraft and designated areas for Customer flight crew
      • (vii) Provide or arrange for Customer flight crew and passenger transportation to/from off airport locations
  5. Notifying the Customer of complaints and claims made by your passengers
  6. Reporting to Carrier any irregularities discovered in relation to your passenger(s) and related baggage handling
  7. Informing the Carrier representative of their flight crew indisposition or potential absence
  8. Any other processing activity which is strictly necessary to provide the service and in accordance with the Agreed Purpose
  9. Any other processing activity which the Carrier instruct Signature Flight Support to carry out on the Carrier’s behalf

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