General Conditions of Carriage

 

Article 1: Definitions

 

In these conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:

 

Airline Designator Code

Means the two-characters or three letters which identify particular air Carriers and that is shown on the Ticket.

 

Authorised Agent

Means a passenger sales agent who has been duly appointed by Us to represent Us in the sale of air transportation on our services.

 

Baggage

Means both Checked Baggage and Unchecked Baggage, unless otherwise specified.

 

Baggage Check

Means the portion of the Identification Form issued to the Passenger by the Carrier relating to the carriage of Checked Baggage.

 

Baggage Tag

Means the part of the Identification Form that is affixed to the Checked Baggage.

 

Carrier

Means Luxair or any other Carrier, whose Airline Designator Code appears on the Passenger’s Ticket or on a Conjunction Ticket.

 

Checked Baggage

Means Baggage of which Carrier takes sole custody and for which an Identification Form has been issued.

 

Check-In Deadline(s)

Means the time limit specified by the airline by which the Passenger must have completed check-in formalities and received his boarding pass.

 

Charter Agreement

Means the agreement where any other party has contracted with the Passenger (for example a tour operator) and entrusts the Carrier with performing all or part of the carriage of the Passenger in connection with package travel, package holidays and package tours, including under EU Package travel directive. The “contractual Carrier” in this respect is the charterer or tour operator who as a principal enters into a Charter Agreement.

 

Code Share

Means carriage by air which will be operated by another Carrier as indicated in the Ticket.

 

Conditions of Carriage

Means these general conditions of carriage.

 

Conjunction Ticket

Means one, or more, additional Tickets issued in the same reservation to cover your entire journey. These are called Conjunction Tickets and together, they constitute a single contract of carriage.

 

Contract of Carriage 

Means the declarations and provisions appearing on the Ticket or Itinerary Receipt, identified as such and incorporating these Conditions of Carriage as well as notices to Passengers.

 

Convention

Means, as applicable: 
(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929. 
(b) the Hague Protocol of 28 September 1955, which amended the Warsaw Convention. 
(c) the Guadalajara Supplementary Convention, of 18 September 1961. 
(d) the Montreal Protocols 1, 2 and 4 (1975), which amended the Warsaw Convention. 
(e) the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999. 

 

Coupon

Means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the Passenger to travel on the particular flight identified on it.

 

Damage

Includes death, wounding, or bodily injury to a Passenger, loss, partial loss, or other damage, arising out of or in connection with carriage or other services incidental thereto performed by Luxair.

 

Days

Mean calendar days, including all seven days of the week: provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued or the flight commenced shall not be counted.

 

Electronic Coupon

Means an electronic flight coupon or other value document held in Luxair’s database.

 

Electronic Ticket

Means the Ticket saved by the Carrier or at its request by a computerized reservation system and that is evidenced by the Itinerary Receipt, the electronic Flight Coupon or any other document that has the same value, issued by the Carrier on its name.

 

Fares 

Means the Fare for a journey reserved by the Passenger, in a booking class, for given routes, flights, and, where applicable, dates. The Fares also include Taxes, when required by applicable law.

 

Flight Coupon

Means that portion of the Ticket that bears the notation ”good for passage”, or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

 

Force Majeure

Means unusual and unforeseeable circumstances beyond the control of the party citing them, the consequences of which could not have been avoided even if all due care had been exercised.

 

Identification Form 

Means a tag issued by the Carrier for the sole purpose of identifying Checked Baggage and that includes a portion that is affixed to the Baggage (“Baggage Tag”) and another portion that is issued to the Passenger for the identification of said Baggage (“Baggage Check”).

 

Itinerary Receipt

Means a travel document or documents Luxair issues to Passengers travelling on Electronic Tickets that contain the Passenger’s name, flight information and further notices relevant for the journey. This document is to be retained by the Passenger and to be carried during the whole journey.

 

Luxair, “We”, “Our” “ourselves” and “Us”

Means the company Luxair, Société Luxembourgeoise de Navigation Aérienne S.A., a public limited liability company (société anonyme) incorporated and existing under the laws of the Grand Duchy of Luxembourg, having its registered office at 25 rue Gabriel Lippmann, L-5365 Munsbach, with postal address at L-2987 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 4109.

  

Passenger(s), “You”, “Your”,”Yourself”

Means any person who is in possession of a Ticket, except members of the crew, who is carried or to be carried by plane.

 

Passenger with Reduced Mobility (or Disabled Person)

Means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability or age, and whose situation needs appropriate attention and the adaptation to his particular needs of the service made available to all Passengers.

 

Passenger Coupon/Passenger Receipt

Means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.

 Regulation /EC) No 261/2004

Means the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

 

SDR

Means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF, on the basis of the listed prices of several currencies.

 

Stopover

Means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

 

Taxes

Means the fees, taxes and charges imposed by governments, an airport operator or any other authority.

 

Ticket

Means either the document entitled ”Passenger Ticket and Baggage Check” or the Electronic Ticket, in each case issued by Luxair or on Luxair’s behalf, and includes the Contract of Carriage, notices and coupons.

 

Unchecked Baggage

Means all Baggage other than Checked Baggage. This Baggage remains in the custody of the Passenger.   

 

Article 2: Scope of application

 

2.1 General provisions

 

(a) These general conditions are the Conditions of Carriage referred to in the Ticket and except as provided in articles 2.2, 2.3 and 2.5, our Conditions of Carriage apply only on those flights or flight segments, where our name or Airline Designator Code (LG) is indicated in the Carrier box of the Ticket for that flight or flight segment.

 

(b) These Conditions of Carriage have been drawn up pursuant to the Montreal Convention of 28 May 1999 and the European and Luxembourg law in force.

 

2.2 Charter operations

 

If carriage is performed pursuant to a Charter Agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the Charter Agreement or the Ticket.

 

2.3 Code Shares

 

On some services, we have arrangements with other Carriers known as a “Code Share”. This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code (LG) is indicated as the Carrier, another Carrier may operate the aircraft. If such arrangements apply, we will advise you of the Carrier operating the aircraft at the time you make a reservation.

 

For Code Share services on flights operated by another Carrier, these Conditions of Carriage shall apply. However, Code Share partners may possibly have conditions that apply to the operation of their own flights, which may differ from Luxair’s Conditions of Carriage for flights operated by Luxair. These Conditions of Carriage stipulated by other Code Share partners may, for this reason, apply additionally to the present Conditions of Carriage, thus forming part of the Contract of Carriage.

 

You should read through the conditions for flights operated by another Carrier in the context of a Code Share agreement and familiarise yourself with, for example, check-in times, requirements and policies regarding the carriage of unaccompanied minors, carriage of animals, refusal of carriage, oxygen devices, operational irregularities, denied-boarding compensation and Baggage etc.

 

2.4 Information on the identity of the operating Carrier

 

Upon reservation, the air carriage contractor will inform you of the identity of the operating air Carrier or Carriers. When the identity of the operating air Carrier is not yet known at the time of reservation, the air carriage contractor will provide you as soon as possible with this information and at the latest at the check-in or on boarding where no check-in is required for a connecting flight.

 

2.5 Overriding law

 

These Conditions of Carriage are applicable unless they are inconsistent with applicable law that cannot be waived by agreement of the Parties, in which event such laws shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

 

2.6 Conditions prevail over regulations

 

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations of Luxair dealing with particular subjects, these Conditions of Carriage shall prevail.

 

Article 3: Tickets

 

3.1 General Provisions

 

3.1.1 The Ticket constitutes conclusive evidence of the Contract of Carriage between us, and the Passenger named in the Ticket. The carriage service is only provided to the Passenger named on the Ticket. Luxair reserves the right to check the identity documents of Passengers. Passengers shall be able to provide Luxair with proof of their identity as well as the identity of those for whom they are responsible, at any time, during their journey.

 

3.1.2 A Ticket is not transferable. If a person is travelling with a Ticket and presents this Ticket for carriage or refund purposes, Luxair shall not assume any liability if, while acting in good faith, it carries or refunds the person presenting the Ticket.

 

3.1.3 Tickets can be sold at discounted Fares and may therefore be partially or completely non-refundable/non-changeable. It is the Passenger’s responsibility, when making a reservation, to consult the applicable conditions regarding the use of the Ticket and, if necessary, to take the appropriate insurance to cover circumstances where Passenger has to cancel his journey.

 

3.1.4 If a Passenger has a discounted Ticket, as described in article 3.1.3 above, which he has not used in whole or in part for reasons of Force Majeure, provided that the Passenger promptly advises us and furnishes evidence of such Force Majeure, we will provide to the Passenger either, at our discretion: (i) a credit of the non-refundable amount of Fare, for future travel on our services, valid for one year, or (ii) a refund, within a reasonable time, of the part of the Fare which, as a general rule, is non-refundable. In both cases, we are entitled to deduct an administration fee.

 

3.1.5 The Ticket is and remains at all times the property of the issuing Carrier. The Ticket constitutes prima evidence of the contract of carriage between Luxair and the Passenger. The Contract of Carriage contained in the Ticket are a summary of the provisions of these Conditions of Carriage.

 

3.2 Requirement for Ticket 

 

Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket issued on your name containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is damaged or if it has been altered or modified by a person otherwise than by us or our Authorised Agents. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.

 

3.3 Loss of Ticket

 

3.3.1 In case of loss or damage to all or part of a Ticket or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, and upon your request, we will replace such Ticket or part of it by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued. We may charge an administration fee to do so but we will not charge the original Fare again. We may require you, in the form of our choosing, to undertake to reimburse us for the Fare of the replacement Ticket in the event of and in so far as the lost ticket or flight Coupon is used by a third party for the purpose of carriage or a refund.

 

3.3.2 Where such evidence is not available or you do not sign such undertaking, the Carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing Carrier is satisfied that the lost or damaged Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the Carrier issuing the new Ticket, the foregoing refund will be processed at that time.

 

3.3.3 A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.

 

3.4 Period of Validity 

 

3.4.1 Except as otherwise provided in the Ticket or in these Conditions of Carriage or in a applicable Tariff, (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:

 

(a) One year from the date of issue; or

 

(b) Subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.

 

3.4.2 If you are prevented from travelling within the period of validity of the Ticket because we are unable to confirm a reservation, the validity period of this Ticket will be extended to the first possible date upon which we can confirm your reservation, or you will be entitled to a refund in accordance with Article 10.

 

3.4.3  If, after having started your journey, you are prevented, for health reasons, from continuing your journey during the validity period of the Ticket, we will extend the validity of the Ticket until the date on which you are once again in the position to travel or, if later, until the date of the first available flight, upon presentation of an appropriate medical certificate stating the health reasons that prevented you from continuing your journey and provided that these health reasons were not known when the reservation was made. Said extension shall only start at the point at which the journey was interrupted and shall be valid for carriage in the class of the Fare initially paid. The validity of the Ticket shall be extended for not more than three months from the date shown on the medical certificate submitted. In the same way and subject to compliance with the conditions of proof specified above, the Carrier may, on request, extend the validity of Tickets of immediate family members who were accompanying you at the time such health problems caused you to discontinue your journey. 

 

3.4.4 In the event of death of a Passenger during the journey, the Tickets of the persons accompanying the Passenger may be modified by waiving the minimum stay requirements or by extending the validity period of said Ticket. In the event of a death of an immediate family member of a Passenger who has commenced his journey, the validity of the Passenger’s Tickets and those of the immediate family accompanying the Passenger may likewise be modified in the same way. Any modification shall be made upon receipt of a valid death certificate and any extension of validity shall not exceed a period longer than forty-five (45) days from the date of death.

 

3.5 Coupon Sequence and Use 

 

3.5.1 The Fare established on the basis of the details, flight dates and routes mentioned on the Ticket corresponds to a departure point and an arrival point, via any Stopover scheduled when the Ticket was purchased, and forms an integral part of the Contract of Carriage. The Fare applied on the Ticket issue date is only valid for a Ticket used fully and in the sequential order of Flight Coupons, for the specified journey and on the specified dates.

 

If carriage is not used in the sequence anticipated on the Ticket, this may result in a recalculation of the Fare according to your altered routing. This will not apply if the Passenger is unable to fly due to unexpected events (i) beyond the reasonable control of Passenger, (ii) for which the Passenger is not responsible and (iii) which reasonably prevent the Passenger from using all the Coupons of the Ticket in their contemplated sequential order subject to the conditions that the Passenger informs Luxair as early as possible before the departure of the unused flight and at the latest 24 hours following such departure, and provides relevant documentary evidence of the above reasons as soon as possible. In case of recalculation, the Passenger may be required to pay an additional Fare equating to the difference between the Fare initially paid and the Fare that the Passenger should have paid when the Ticket was issued, for the journey actually made by the Passenger. This Fare may be higher or lower than the Fare that the Passenger originally paid. If the category of Fare the Passenger originally booked was not available for the altered routing on the day of the booking, the cheapest available Fare category for the Passenger altered routing will be taken as the basis for the recalculation. Please note that Luxair can make carriage dependent on whether Passenger has paid this difference in price.

 

If you have a refundable Ticket, as defined by the Fare conditions, and have still not flown a single segment of it, you may ask for a refund of the price of the Ticket in accordance with Fare conditions. This means that you will forfeit your entitlement to carriage.

 

3.5.2 Changes that the Passenger wishes to make are subject to the Fare conditions attached to their Ticket and to payment of the applicable administration fees.

  

3.6 Carrier’s identification 

 

Carrier’s identification may be shown as an abbreviation on the Ticket using its Airline Designator Code. The Carrier’s address is deemed to be that of its registered office or principal place of business.  

 

Article 4: Fares, Taxes, Fees and Charges

 

4.1 Fares

 

Fares apply only for carriage from the airport at the point of departure to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports or between airports and city centers. The price of the Ticket is calculated in accordance with the Fares applicable on the day the Passenger books his Ticket for the flight dates and itinerary shown on his ticket. Should you change your itinerary or journey date, this may have an impact on the applicable Fare. The Fare may include surcharges levied by the Carrier.

 

4.2 Taxes

 

All applicable Taxes shall be paid by the Passenger. At the time the Passenger purchases his Ticket, the Passenger will be advised of the Taxes which will be included in the Fare which, in most of the cases, are shown separately on the Ticket. Taxes imposed on air travel may be created or increased by a government, another authority or an airport operator after booking and can be imposed after the date of the reservation. In this case, the Passenger must pay the corresponding amount. Similarly, in the event Taxes are abolished or reduced, the Passenger may be refunded for the reduced or abolished amounts. Should Passenger not travel on a flight for which he/she has a confirmed reservation, the Passenger will benefit from a refund of said Taxes, payment of which is connected to actual boarding of the Passenger in accordance with the applicable regulations.

 

4.3 Currency 

 

Subject to applicable law, Fares and Taxes are payable in any currency acceptable to us, unless another currency is indicated by us or imposed by the applicable law. When payment is made in the country of departure in a currency other than the currency in which the Fare is published, the exchange rate for such payment will be the banker’s buying rate set by us on the day the Ticket is issued.

 

4.4 Credit card surcharge

 

A surcharge may apply to reservations made with a credit card as specified at the time of reservation. This charge covers the extra cost associated with credit card payments. Under certain circumstances you may be subject to additional fees imposed by your card issuer. Any query relating to such fees must be directed to the card issuer.

 

Article 5: Reservations

 

5.1  General provisions

 

Each Coupon will be accepted only for carriage in the class specified on it and for the day and flight for which there is a reservation.

 

We or our Authorised Agent will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s). Certain Fares are under conditions which limit or exclude your right to change or cancel reservation(s) or to request a refund. For the individual terms please refer to the respective Fare conditions. 

 

5.2 Ticketing Time Limits

 

If you have not paid for your Ticket prior to specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.

 

5.3 Personal Data

 

You recognize that in connection with your travel personal data has been given to us for the following purposes: making a reservation, booking and/or issuing a Ticket, contacting you regarding check-in and other information about your flight, facilitating immigration and entry procedures, customs control, verification of credit cards and other payment cards, facilitating ancillary services, developing and providing special services such as special facilities for Passenger with Reduced Mobility, special meals and the fulfillment of other special wishes you as a passenger may have. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, Authorized Agents, authorities and government agencies, handling agents, other Carriers or other third parties in connection with providing you with the travel services and related services. Personal data will be handled in accordance with applicable law, and Luxair’s Security and Privacy Policy. 

 

5.4 Seat allocation, onboard services and type of aircraft

 

Luxair will make all reasonable efforts to meet advance seating requests; however, Luxair cannot guarantee any particular seat. Luxair reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons or for reasons of Force Majeure. Luxair shall make reasonable effort to meet Passenger’s requirement regarding the services provided on board aircraft, in particular drinks, special meals, movies, etc. However, Luxair may not be held liable if imperatives relating to security and safety or reasons of Force Majeure do not allow it to provide suitable services, even if such services are confirmed at the time of reservation. The type of aircraft indicated to the Passenger at the time of the reservation or subsequently is stated for information purposes only. Imperatives relating to security and safety, reasons of Force Majeure may lead Luxair to modify the type of aircraft, without any liability on its part.

 

5.5 Seating reservation subject to reservation charges

 

If you have paid for your seat reservation, you have a right to a certain seat. In case of rebooking made by us (except in cases of complementary up-grades), in case of flight cancellation or in the event of changes made by us for operational, safety, security or other reasons we will refund you the amount paid for your seat reservation if your desired seat is not available. If you cancel or rebook your Ticket the amount paid for the seat reservation will not be refunded.

 

5.6 Reconfirmation of Reservations 

 

Luxair does not require reconfirmation for Luxair’s flights. If other Carriers require the Passenger to reconfirm onward or return reservations, the failure to comply with this requirement will entitle the Carriers to cancel the onward or return reservation. Passenger should check the reconfirmation requirements of any other Carriers involved in his journey. If required, Passenger must reconfirm with the Carrier whose Airline Designator Code appears for the relevant flight on the Ticket.

 

Article 6: Check-in and Boarding

 

6.1 Check-in Deadlines vary from airport to airport and you must inform yourself about these Check-in Deadlines in order to facilitate your journey and avoid your reservation being cancelled. The Carrier or its Authorised Agent shall provide Passengers with all requisite information on the Check-In Deadline for their first flight with the Carrier. If the Passenger’s journey includes subsequent flights, it is the Passenger’s responsibility to check that they are in possession of all the information relating to Check-In Deadlines for these flights. Information on Check-In Deadlines for Luxair flights is available on Luxair’s website or at the travel agency where the Ticket was issued.

 

6.2 You must have completed the check-in process no later than at the Check-in Deadlines indicated and you must arrive sufficiently in advance of the flight in order to be able to carry out all necessary formalities for your journey. Should you fail to do so or should you not present all the documents allowing you to be checked-in and therefore be unable to travel, we are entitled to cancel your reservation.

 

6.3 Passenger must be present at the boarding gate prior to the boarding time specified at check-in. Luxair may cancel the reservation of the Passenger if the Passenger fails to arrive at the boarding gate in time.

 

6.4 Luxair may not be held liable in any way, in particular for any loss, damage or expense if a Passenger has not complied with the provisions of this article 6.

 

Article 7: Right to refuse Carriage

 

7.1 Right to refuse carriage

 

Luxair may refuse to carry a Passenger if Luxair has notified this Passenger in writing before the booking that Luxair would not at any time after the date of such notice carry the Passenger on its flights. This may be the case if Passenger has contravened the rules of behaviour stated in articles 7 or/and 11 on an earlier flight. Furthermore Luxair is entitled to refuse to carry a Passenger on his journey or onward journey or to cancel the seat booking, if:

 

a) Such action is necessary for reasons of safety or security to prevent violation of any applicable laws, regulations or orders of any state to be flown from or to or over, such as, but not limited to, any immigration law or act; or

 

b) The carriage of the Passenger and/or their Baggage may endanger or affect security, safety, health, or good order on board of the aircraft especially if the Passenger uses intimidation, behaves abusively and/or insultingly or uses abusive and/or insulting language to Passengers or the crew; or

 

c) The conduct or medical or physical state, including the Passenger impairment from alcohol or drugs presents a hazard or risk to the Passenger, to crew to aircraft, or to property; or

 

d) The Passenger has committed misconduct on a previous flight, and Luxair has reason to believe that such conduct may be repeated; or

 

e) The Passenger has refused to submit to a security check; or

 

f) The Passenger has not paid the applicable Fares and/or Taxes; or

 

g) The Passenger does not appear to have valid travel documents, may seek to illegally enter a country during transit, has destroyed his travel documents during the flight or has refused to surrender travel documents to the flight crew, against receipt, when so requested, or the Passenger’s document are expired, incomplete in light of the regulations in force, or fraudulent (identity theft, forgery or counterfeiting of documents). A declaration of loss or theft of an identity document or passport is not considered a valid or an official travel document necessary for entry at the point of destination; or

 

h) The Ticket presented by the Passenger was acquired unlawfully or purchased from an entity other than Luxair or its Authorised Agent, or has been reported as being lost or stolen, has been forged or counterfeited, or the Passenger cannot prove that he is the person named on the Ticket; or

 

i) Passenger does not pay the difference in amount (surcharge) arising in accordance with 3.5.1 or Passenger presents a Ticket which has been issued or altered in any way, other than by Luxair or its Authorised Agent, or the Ticket is damaged, or

 

j) The Passenger fails to observe Luxair’s instructions with respect to safety or security, or

 

k) The Passenger fails to observe the non-smoking rule on board the aircraft or rules regarding use of electronic equipment on board.

 

Should we refuse you carriage due to one of the reasons listed above, any claim to carriage or compensation shall be excluded. 

 

7.2 Special Assistance 

 

7.2.1 Requests for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance have to be registered with Luxair in advance and may be subject to special conditions. Passengers should inform the Carrier of their disability or of any need for special assistance when making their reservation. Should a request for special assistance be made following reservation or, in accordance with the applicable regulations, less than 48 hours prior to departure, the Carrier will naturally do everything in its power to fulfil the request pursuant to the applicable regulations, taking particular account of the time frame and the specific nature of the assistance requested. The special conditions relating to the carriage of people as outlined in this Article 7.2.1 are available from the Carrier and its Authorised Agents, on request, and on the Luxair’s website.

 

7.2.2 If a Passenger requires a special meal, he must enquire as to the availability thereof when making reservation or within the time limits published by Luxair. Failing this, Luxair does not guarantee the presence of said special meal on board the flight.

 

7.2.3 If a Passenger has medical issues or a specific medical condition, it is recommended that the Passenger consults a doctor before taking a flight, particularly a long-haul flight, and takes all necessary precautions for his flight to take place without incident.

 

7.3 Unaccompanied minors

 

Acceptance for Carriage of unaccompanied children (UM) has to be registered with us in advance. The carriage of unaccompanied minors requires prior arrangement with the Carrier, and is subject to our relevant regulations and may be subject to the payment of a supplementary fee. For more information on the regulations governing the carriage of unaccompanied minors please check Luxair’s website.

 

Article 8: Baggage

 

8.1 General provisions

 

8.1.1 Regarding their Baggage:

 

(a) Passengers declare that they are fully aware of the content of all of their Baggage.

(b) Passengers undertake not to leave their Baggage unattended from the time when they pack it and not to accept items from another Passenger or any other person.

(c) Passengers undertake not to travel with Baggage entrusted to them by a third party.

(d) Passengers are advised not to include perishable or fragile items in their Baggage. If, however, Passengers include such items or objects in their Baggage, they must ensure that these are properly and securely packed and protected in suitable containers, in order not to damage these items and objects as well as Baggage belonging to other Passengers or Luxair’s aircraft.

 

8.1.2 Subject to the Fare conditions, you can take a limited number of Baggage items with you on board as part of your baggage allowance. Your free Baggage allowance is shown on your Ticket and can also be obtained from us or from our Authorized Agent that issued the Ticket. You will be required to pay a charge for the carriage of Baggage in excess of your free Baggage allowance and for special Baggage. For flights with Luxair designator code operated by another Carrier (Code Share) the free Baggage allowance is indicated on the ticket; Excess Baggage fees are subject to the operating Carrier’s terms and conditions.

 

8.2 Items Unacceptable as Baggage 

 

8.2.1 Passenger must not include in the Baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force in any departure, arrival or transit state or over flown state, including in particular:

 

a)  Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations which are available from Luxair or its Authorized Agent upon request, or on Luxair's website. These items include, but is not limited to, explosives, pressurized gas, oxidizing, radioactive or magnetized substances, inflammable substances, toxic or corrosive substances articles, liquids or other substances which are capable of posing a significant risk to health, safety or property when transported by air.

 

b) Items which are reasonably considered by Luxair to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available from Luxair or its Authorised Agents upon request, or on Luxair's website.

 

c) Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunitions for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.2.1.a).

 

8.2.2 If you are carrying on your person or in your Baggage: weapons of any kind, in particular (a) side arms and sprays used for offensive or defensive purposes, (b) munition and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, munition or explosives, you have to present them to us for inspection prior to departure. We accept such articles for carriage only if they are carried as cargo or Checked Baggage in accordance with the regulations governing the carriage of dangerous goods.  

 

8.2.3 If despite being prohibited any items referred to in Article 8.2 are included in your Checked Baggage, we shall not be responsible for any loss, delay or damage to such items.

 

8.3 Right to Refuse Carriage 

 

8.3.1 Subject to articles 8.2.1 and 8.2.2, Luxair may refuse to carry as Baggage the items described in article 8.2, and Luxair may refuse further carriage of any such items upon discovery.

 

8.3.2 Luxair may refuse to carry as Baggage any items reasonably considered by Luxair to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other Passengers. Information about unacceptable items is available upon request.

 

8.3.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers such that under normal conditions it will arrive undamaged.

 

8.4 Search of Passengers and Baggage 
For reasons of safety and security, we may require you to permit a search or screening of your person and your Baggage, as well as an X-ray of your Baggage. If you do not agree to a search of your person or Baggage to determine the presence of articles which are inadmissible or which have not been presented in compliance with paragraph 8.2, we may refuse to carry you and your Baggage; your right to compensation in such cases will be limited to the refund of the air Fare in accordance with Article 10.3. of these Conditions of Carriage. 
For reasons of safety and/or security and/or at the request of the authorities, your Baggage may be submitted to a search to determine whether you are carrying dangerous goods or prohibited articles, and we may refuse your Baggage if you are carrying such items. For that purpose, your Baggage may be searched and the locks attached to your Baggage may be broken. If the passenger refuses to comply with such requests, we may refuse to transport the Passenger and its baggage.
 

 

8.5 Checked Baggage 

 

8.5.1 The Passenger must hand over Baggage at the Carrier’s check-in desk or at the self service drop off point for the purpose of checking in prior to the Check-in Deadline. As soon as Passengers have handed over their Baggage at check-in, under the aforementioned conditions, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each item that of Checked Baggage. 

 

8.5.2 Checked Baggage must have Passenger’s name or other personal identification affixed to it.

 

8.5.3 Checked Baggage will, whenever possible, be carried on the same aircraft as the Passenger, unless Luxair decides for safety, security or operational reasons to carry it on an alternative flight. If the Passenger’s Checked Baggage is carried on a subsequent flight Luxair will deliver it to the Passenger, unless applicable law requires the Passenger to be present for customs clearance.

 

8.5.4  Passengers are advised not to put in their Checked Baggage currency, jewellery, works of art, precious metals, silverware, securities, or other valuables, optical or photographic equipment, computers, electronic and/ or telecommunication equipment or devices, musical instruments, passports and identity documents, keys, business documents, manuscripts or deeds, whether individualized or fungible etc. In this respect, it is specified that in the event of destruction, loss or damage of Checked Baggage, the Carrier will only be liable to the extent defined by the Montreal Convention and Article 15 of these Conditions of Carriage.

 

8.6 Unchecked Baggage 

 

8.6.1 Luxair may specify maximum dimensions for Baggage which the Passenger carries on to the aircraft. If Luxair has not done so, Baggage that the Passenger carries onto the aircraft must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin of the aircraft. If the Passenger’s Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.

 

8.6.2 Objects not suitable for carriage in the overhead enclosed compartment in the cabin of the aircraft (such as delicate musical instruments), and which do not meet the requirements in article 8.6.1 above, will only be accepted for carriage in the cabin compartment if the Passenger has given Luxair notice in advance and permission has been granted by Luxair. Passenger may have to pay a separate charge for this service.

 

8.6.3 Passengers are responsible for personal effects and Unchecked Baggage that they take into the cabin. In the event of the destruction, theft, loss or damage of personal effects and Unchecked Baggage, the Carrier may only be held liable if wrongdoing on its part, or that of its officials or agents, is proven, said liability being limited to the amount defined in Article 14 of the Conditions of Carriage.

 

8.7 Delivery of Checked Baggage 

 

8.7.1 Passenger is required to collect his Checked Baggage as soon as it is made available at his destination or stopover.

 

8.7.2 Luxair shall deliver Checked Baggage to the bearer of the Baggage Check upon payment of all unpaid sums due to Luxair under the contract of carriage.

 

8.7.3 If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Tag if one has been issued, Luxair will deliver the Baggage to such person only on condition that it establishes to Luxair’s satisfaction its right thereto.

 

8.7.4 If you do not collect your Checked Baggage within three months from the Baggage being made available to you, we may dispose of said Baggage without being liable to you.

 

8.8 Pets and Guide Dogs 

 

8.8.1 The carriage of dogs, cats and other pets is subject to our approval and the following conditions: the animals must be properly crated and accompanied by current health and vaccination certificates, entry permits, and other entry or transit documents required by the respective countries. We reserve the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.

 

8.8.2 The weight of accompanied pets including the weight of containers and food carried shall not be included in the free Baggage allowance of the Passenger and the Passenger must pay a surcharge, the conditions of which are available from the Carrier.

 

8.8.3 Guide dogs, service animals, and if applicable their cages, accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the applicable Baggage allowance, when possible in the cabin and subject to the conditions of paragraph 8.8.4.  

 

8.8.4 Please note that to ensure the safe and undisturbed operation of the flight, your pet must be trained to behave well in a public space. We allow you to take your pet with you in the cabin under the condition that it is obedient to your commands and behaves appropriately. If your pet does not behave in an appropriate manner, you may be required to muzzle it, to allow its transfer to the cargo hold (if a transport container is available) or carriage may be refused.

 

Animals travelling in the cabin (including their transport container, when appropriate) must fit in the footwell of your seat and be suitably secured throughout their entire stay on board.

 

8.8.5 You are responsible for the safety, health and behaviour of your pet and accept liability for all entry, exit, health and other regulations that apply to the entry into or travel through any relevant countries. You are liable for all costs resulting from non-compliance with these responsibilities, as well as for all damage caused by the animal accompanying you and release us from any liability, except where we have caused the damage wilfully or by gross negligence.

 

Article 9: Schedules, Delays, Cancellation of Flights, denied boarding and downgrading

 

9.1 Schedules

 

9.1.1 The flight times shown in timetables may change between the date of publication and the date the Passenger actually travels. Luxair does not guarantee them to the Passenger and they do not form part of the contract between Luxair and the Passenger.

 

9.1.2  Before Luxair accepts the booking of the Passenger, Luxair will notify the Passenger of scheduled flight time in effect as of the time, and it will be shown on the Passenger’s Ticket. It is the Passengers’ responsibility to provide to Luxair with their contact details so that they can be contacted in the event of a change in the planned schedules as they appear on the Ticket. If, after the Passenger has purchased his Ticket, Luxair makes a significant change to the scheduled flight time, which is not acceptable to the Passenger, Passenger will be entitled to a refund in accordance with article 10.2. If the legal liability rules apply, Luxair offers compensation and assistance according to regulation 261/2004.

 

9.2 Cancellation and Delays 

 

9.2.1 We make every effort to avoid delays. In exercising these efforts and in order to prevent flight cancellations, the measures taken may include arranging for your flight on an alternative aircraft or with a different airline.

 

9.2.2 In the event of a flight cancellation or delay, the Carrier will implement all the provisions of the applicable regulations. Information relating to passenger rights in case of delays and cancellations is available from the Carrier and its Authorized Agents and on our website.

 

9.3 Denied boarding and downgrading

 

9.3.1 In the event the Carrier decides to deny boarding the Passenger, due to overbooking, with the result that the Carrier is not in a position to offer a seat to the Passenger, even though the Passenger has a valid Ticket and has arrived for check-in and boarding in accordance with the required timeframes and conditions, the Carrier shall grant the Passenger the compensation provided for by the relevant applicable regulations, where applicable.

 

9.3.2 In the event that the Passenger is placed in a lower cabin compartment than that for which the Ticket was purchased, this is called downgrading, and the Carrier will offer refund under the conditions specified by the relevant applicable regulations. Information relating to passenger rights in case of denied boarding and downgrading is available from the Carrier and its Authorised Agents and on the Luxair’s website.

 

Article 10: Refunds

 

10.1 General Provisions

 

Luxair will refund a Ticket or any unused portion, in accordance with the applicable Fare rules, as follows:

10.1.1 Except as otherwise provided in this Article, Luxair shall be entitled to make a refund either to the person named on the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

 

10.1.2 If a Ticket has been paid for by a person other than the Passenger named on the Ticket, and the Ticket indicates that there is a refund restriction, Luxair shall make a refund only to the person who paid for the Ticket or in accordance with his instruction.

 

10.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender to Luxair of the Ticket and all unused Flight Coupons.

 

10.1.4 A refund made to anyone presenting the Passenger Coupon and all unused Flight Coupons and presenting himself as the legitimate recipient of the refund in accordance with 10.1.1. or 10.1.2. will be deemed to be a refund to the legitimate recipient.

 

10.2 Involuntary Refunds

 

If Luxair cancels a flight or fails to operate a flight reasonably according to schedule, the amount of the refund shall be:

a) if no portion of the Ticket has been used, an amount equal to the Fare paid;
b) if a portion of the Ticket has been used, the refund will be not less than the difference between the Fare paid and the applicable Fare for travel between the points for which the Ticket has been used.

 

10.3 Voluntary Refunds 

 

10.3.1 If you request a refund for reasons other than those mentioned under paragraph 10.2 of this section, the amount of the refund will thus, provided the respective Fare conditions stipulate as much, correspond to:

 

a) If no portion of the Ticket has been used, an amount equal to the Fare paid, less any reasonable service charges and /or cancellation fees.

 

b) If a portion of the Ticket has been used, the refund will be an amount equal to the difference between the Fare paid and the applicable Fare for travel between the points for which the Ticket has been used, less any reasonable service charges and/or cancellation fees.

 

10.3.2 Voluntary refunds will be made only by the Carrier that originally issued the Ticket or by its Authorized Agents.

 

10.4 Refund for a lost ticket 

 

10.4.1 If a Ticket or portion thereof is lost, a refund will be made upon proof of loss satisfactory to us and payment of the applicable fee, provided that:

 

a) The lost Ticket or portion thereof has not been used for carriage or previously refunded or replaced without charging the ticket Fare again (except where the use, refund or replacement by or to a third party resulted from Luxair own negligence).

 

b) The person to whom the refund is made undertakes, in such form as may be prescribed by Luxair, to repay to Luxair the amount refunded in the event of fraud and/or to the extent that the lost ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from Luxair’s own negligence). In this case a reasonable service charge will be debited to the Passenger.

 

10.4.2 If Luxair or its Authorised Agent loses the Ticket or a portion of it, the loss shall be Luxair’s responsibility.

 

10.5 Refusal of Refunds

 

10.5.1 We may refuse a refund when an application is made after the expiry of the validity of the Ticket.

 

10.5.2 We may refuse a refund on a Ticket which has been presented to Luxair, or to Government officials, as evidence of intention to depart from that country, unless the Passenger establishes to Luxair’s satisfaction that the Passenger has permission to remain in the country or that the Passenger will depart from that country by another means of transport.

 

10.5.3 Luxair will refuse a refund for a stolen, forged or counterfeit Ticket.

 

10.6 Currency

 

All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and to the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the Fare was paid.

 

10.7 Credit cards refund

 

Refund due to Tickets paid for with credit cards can only be credited to credit card accounts originally used for the Ticket purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only on the basis of the amount and the currency entered in the Ticket. The refundable amount to be credited to the credit card account of the card owner can vary from the originally debited amount by the credit card company for the Ticket due to differences in conversion. Such variances do not entitle the recipient of the refund to a claim against us.

 

Article 11: Conduct Aboard Aircraft

 

11.1 General

 

If, in our reasonable opinion, the Passenger conducts himself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behaves in a manner which causes discomfort, inconvenience, damage or injury to other Passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

 

11.2 Electronic devices

 

For security reasons, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as cellular telephones, laptop computers, portable recorders, portable radios, electronic games or transmitting devices, as well as all radio-controlled games and walkie-talkies, except for hearing aids and pacemakers. 

 

11.3 Non Smoking Flights

 

All Luxair flights are non-smoking flights. Smoking and using of electronic cigarettes are prohibited in all areas of the aircraft.

 

11.4 Alcohol 

 

The Carrier may limit or prohibit the consumption of alcohol on board the aircraft. Consumption of any alcoholic beverages carried into the aircraft by Passengers or consumption of any duty free product bought on board the aircraft is prohibited.

 

11.5 Photo and video

 

Recording videos and/or taking photographs other than personal videos and photographs is prohibited on board the aircraft. 

 

11.6 Unruly Passenger

 

If, as a result of Passenger’s behavior, Carrier diverts the aircraft to an unscheduled place of destination, Passenger must pay the Carrier the reasonable costs of such diversion.

 

Article 12: Additional services

 

If we make arrangements for you with any third party to provide services other than flight-related services or to issue carriage documents for carriage services not relating to flights, in doing so, we are acting only as your agent. In these cases, the terms and conditions of the third-party service provider will apply.

 

Article 13: Administration Formalities

 

13.1 General provisions

 

13.1.1 Passenger is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which Passenger transits and, where applicable, for that of their minor children and/or Passengers for which they are responsible and/or pets travelling with them. It is the Passenger’s responsibility to ensure that their travel documents and visas will remain valid for the entirety of their travel.
 

13.1.2 We shall not be liable for the consequences to any Passenger that result from his/her failure to obtain such documents or visas or to comply with such laws or regulations or instructions.

 

13.2 Travel Documents

 

Prior to travel, Passenger must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and authorises Luxair to take and retain copies thereof. Luxair reserves the right to refuse carriage if the Passenger has not complied with these requirements, or if the travel documents do not appear to be valid or in order.

 

13.3 Refusal of Entry

 

If the Passenger is denied entry into any country, Passenger will be responsible to pay any fine or charges assessed against Luxair by the government concerned and for the cost of transporting the Passenger from that country. Luxair may apply to the payment of such Fare any funds paid to Luxair for unused carriage, or any funds of the Passenger in the possession of Luxair. The Fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Luxair.

 

13.4 Responsibility for fines 

 

If we are required to pay any fines or penalties or to incur any expenditures by reason of your failure to comply with the laws or regulations on entry to or travel through the country concerned, or to produce the required documents in the proper form, you shall be obligated to reimburse us on demand any amounts so paid and expenditures so incurred as well as an administration fee. This obligation does not only apply to the Passenger, but also to the person who purchased the ticket. We are entitled to use towards such payments or expenditures the value of any unused part of your ticket or any of the funds in your possession. The value of the fine or penalty can vary from country to country and may greatly exceed the Fare paid.  Therefore, in your own interest, please ensure that you observe the entry regulations of the country to which you are travelling

 

13.5 Customs Inspection

 

If required, Passenger shall attend inspection of his Baggage by customs or other Government officials. Luxair is not liable toward Passenger for any loss or damage suffered by him in the course of such inspection or through his failure to comply with this requirement.

 

13.6 Security Inspection

 

Passenger is obliged to submit to any security checks by Governments and airport officials or Carriers.

 

13.7 Transmission of Passenger Data

 

Luxair is entitled to transmit Passenger’s personal data and all personal reservation data in connection with his flight to domestic and foreign authorities if these authorities request Luxair to do so due to compelling legal rules and regulations in order to fulfil the contract of carriage.

 

Article 14: Liability for Damage

 

14.1 General Provisions

 

14.1.1 The liability of Luxair and each Carrier involved in the Passenger’s journey will be determined by its own Conditions of Carriage.

14.1.2 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.

14.1.3If the injured party has contributed to causing the damage which has arisen, the norms of the applicable law in terms of the exclusion or the reduction of the liability to pay damages with contributive fault of the injured party apply. 

14.1.4 We are liable only for damages that occur as part of our own flight services. To the extent that we issue Tickets for transport on flight services operated by other Carriers or take on Baggage to be transported on flight services by another Carrier, we are merely acting as an agent for this other Carrier. Nonetheless, you have the right to claim damages from the first or last Carrier in relation to Checked Baggage.

14.1.5 If the Carrier actually performing the flight is not the same as the contracting air Carrier, Passenger has the right to address a complaint or to make a claim for damage against either. If the name or code (Code Share) of a Carrier is indicated on the Ticket, that Carrier is the contracting Carrier.

14.1.6We are not liable for any Damage arising from our compliance with applicable laws or government rules and regulations, or from your failure to comply with the same.

14.1.7 Our liability shall not exceed the amount of proven direct Damage and, to the extent permitted by applicable law, you agree that we shall not be liable, in any way, for indirect, consequential, or any other form of non-compensatory Damage.  

14.1.8 We are not responsible for any illness, injury or disability, including death, attributable to your age, mental or physical condition or for the aggravation of such condition, unless this condition or aggravation is a result of an accident that occurred on board the aircraft.

14.1.9 Any exclusion or limitation of liability of us shall apply to and be for the benefit of agents, servants and representatives of us and any person whose aircraft is used by us and such person’s agents, servants and representatives. The aggregate amount recoverable from us and from such agents, servants, representatives and persons shall not exceed the amount of our limit of liability. 

14.1.10 Unless so expressly provided, nothing herein contained shall waive any exclusion or limitation of Luxair liability under the Convention or applicable laws. 
 

14.2 Compensation in Case of Death or Injury

14.2.1 There are no financial limits to the liability for Passenger injury or death. For damages up to 128 821 SDRs Carrier cannot contest claims for compensation. Above the amount, the Carrier can defend itself against a claim by proving that it, or its servants or agents were not negligent or otherwise at fault.

14.2.2 If a Passenger is killed or injured, the Carrier must make an advance payment to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.

An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except:

 

1. In cases where we prove that the damage was caused by, or contributed to by the negligence of the injured or deceased Passenger, or

(b) In circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to the damage by negligence or was not the person entitled to compensation.

14.3 Destruction, Loss or Damage to Baggage

14.3.1In accordance with article 17 of the Montreal Convention, the Carrier is liable for damage caused by loss of, or damage to Checked Baggage, upon condition only that the event which caused the loss or damage took place on board the aircraft or during any period in which the Carrier had custody of the Checked Baggage.

 

The Carrier shall not be liable for damage to Baggage where said damage results from the nature of or an inherent defect, quality or vice of the Baggage. If Baggage or items contained therein cause damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.

 

The Carrier’s liability in the event of destruction or loss of or damage to Baggage shall be limited to 1288 SDR per Passenger. If a higher value was declared in accordance with Article 14.3.2 the Carrier’s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger’s genuine interest at the time of delivery.

 

For Unchecked Baggage allowed on board, the Carrier can only be held liable in the event of a proven fault by the Carrier, its servants or agents.

14.3.2 A Passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. 

14.3.3 If the Baggage is damaged, lost or destroyed the Passenger must file as soon as possible a written complain to Luxair. In case of damage to Checked Baggage, the Passenger must write and complain within 7 days, and in case of delay within 21 days, in both cases from the date on which the Baggage was placed at the Passenger’s disposal.

14.3.4 Luxair is not liable for damage to a Passenger’s Baggage caused by property contained in Passenger’s Baggage unless Luxair caused such damage by its gross negligence or wilful misconduct.

 

14.4 Passenger and Baggage Delays

14.4.1 In case of Passenger delay Luxair is liable for Damage unless Luxair took all reasonable measures to avoid damage or it was impossible to take such measures. Besides compensation for delays provided for in (EC) Regulation No 261/2004, the amount of compensation depends on the Damage proved by the Passenger within the limit fixed at 5346 SDR by the Montreal Convention.

14.4.2 In case of a Baggage delay Luxair is liable for damage unless Luxair took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability is limited to 1288 SDRs.

 

14.4.3 If the injured party has contributed to causing the damage which has arisen, the amount of the compensation claim is reduced in proportion with the contributory negligence of said party. In particular, the injured party is under obligation not to increase the compensation amount caused by the loss or delayed carriage of his/her Baggage through unreasonable replacement purchases.

14.5 Non-Carriage due to Overbooking

14.5.1 In case of denied boarding due to overbooking Luxair will act in accordance with Regulation (EC) 261/2004. Information can be provided on demand or can be found on our website.

14.5.2 When assigning the seats available on an overbooked flight, we will give priority to unaccompanied children, ill and disabled people.

14.5.3If it is foreseeable that some Passengers will have to be refused the right to travel, we will attempt in advance to find Passengers who agree to volunteer not to travel on this occasion.
 

Article 15: Time Limitations for Claims and Actions

 

15.1 Notice of claims

 

Acceptance of Baggage by the bearer of the Baggage Check without complaint is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless you prove otherwise. If you wish to file a claim or an action regarding damage to Checked Baggage, you must notify us as soon as you discover the damage, and at the latest within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.

  

15.2 Limitation of Actions

 

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the Carriage stopped.

All other actions including actions relating to passenger rights subject to Regulation (EC) 261/2004 shall be limited in accordance with national law.

 

Article 16: Other Conditions

 

Carriage is provided in accordance with certain regulations and conditions applying to or adopted by Luxair. These regulations and conditions which may vary from time to time concern amongst other the Carriage of unaccompanied minors, pregnant women and sick passengers, restrictions on use of electronic devices and items. Regulations and conditions concerning these matters are available from Luxair upon request.

 

Article 17: Notice of complaints

 

17.1. National Enforcement Bodies

A list of the relevant authorities responsible for ensuring the legal rights of passengers can be found under the following web link:

 

https://transport.ec.europa.eu/transport-themes/passenger-rights/national-enforcement-bodies-neb_en

 

17.2. Online Dispute Resolution (ODR) Platform

The European Commission also provides a platform for Online Dispute Resolution (ODR) that may be used to resolve complaints. The platform can be found under

 

http://ec.europa.eu/consumers/odr/

 

17.3. Alternative dispute resolution (ADR)

 

17.3.1. For Germany only, Passenger may also contact the following conciliation body:

 

Bundesamt für Justiz

Schlichtungsstelle Luftverkehr

Adenauerallee 99-103, 53113 Bonn

Postanschrift: 53094 Bonn

Telefon: +49 228 99 410-6120

E-Mail: luftverkehr@bfj.bund.de 

 

17.3.2. For Spain only, in accordance with the provisions of Order TMA/201/2022 of 14 March 2022, which regulates the procedure for alternative dispute resolution for air transport users on the rights recognised in the European Union in the field of compensation and assistance in the event of denied boarding, cancellation or long delays, as well as in relation to the rights of disabled persons or persons with reduced mobility ("the Order"), and in relation to disputes falling within the scope of this regulation, we inform you in the following points about the rights that this Order establishes in favour of passengers.

The Order regulates an alternative dispute resolution procedure allowing passengers to appeal to the Spanish Aviation Safety Agency ("AESA", www.seguridad aerea.gob.es), completely free of charge. This shall be without prejudice to the passenger's right to resort to any extrajudicial dispute resolution system accepted by the airline or airport operator, as appropriate, in particular consumer arbitration or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the grounds of disability. For these purposes, we inform you that our company is NOT a member of any consumer arbitration system or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the grounds of disability.

 

Prior to initiating the alternative dispute resolution procedure before AESA provided for in the Order, you must submit a prior complaint to our company. On its website www.seguridadaerea.gob.es, AESA makes available to passengers a model prior complaint form, which can also be obtained from this page of our website and from our customer service department, including our sales and customer service desks at the airports in Spain where we operate.

 

You can send this complaint form to our airline via the "Contact Us" section of our website. You must provide the documentation you consider relevant to assert your rights. This documentation shall include, in the case of minors, proof of custody of the minor, unless the prior claim is made by the person who contracted the transport for the minor. You have a period of five years from the day on which the incident occurred to file this prior claim.

 

You may appeal to AESA, as an accredited body for alternative dispute resolution in air transport, for the resolution of the dispute in the following cases:
- where the resolution of the previous complaint is not entirely satisfactory to You, or
- within a maximum period of one month from the date of submission of the prior complaint, if the complaint has not been answered by us. 

 

The complaint to AESA must be filed within one year of the filing of the prior complaint. Failure to comply with this time limit will result in the complaint to AESA being inadmissible. 

 

AESA’s decision on your complaint is binding on us, without prejudice to our rights to challenge it before the competent jurisdiction. AESA’s decision is not binding on passengers who, in any event, may bring any civil action they may have against us.

 

Article 18: Headings

 

The headings of each article of these Conditions of Carriage are for convenience only and are not to be used for interpretation of the text.

 

Article 19: Interpretation

 

In case of conflict between the different versions of our Conditions of Carriage, the English version of the Conditions of Carriage will prevail on the other versions.