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1.1 The following terms and conditions (the Terms and Conditions) shall apply to an offer (the Offer) made by you to 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 (Luxair) for an opportunity to upgrade from the economy class compartment that was originally purchased by you for travel with Luxair to business class compartment (the Upgrade).
1.2 All persons who submit an Offer must have reached the legal age of majority in their country of residence at the time the Offer is submitted. If the Offer is submitted on behalf of another person(s) you shall be deemed to have the authority to act on behalf of and to bind the person(s) named or included on the Offer to these Terms and Conditions.
2.1 Luxair SMART UPGRADE is available for passengers booking airline tickets through the website www.luxair.lu. When you purchase an airline ticket(s) online at www.luxair.lu, the Luxair SMART UPGRADE feature is made available to you, which will allow you to submit on the ticket purchase confirmation page (through a link) an Upgrade bid for the acquired service class. When the airline ticket has not been purchased online on the Luxair website, you may also be contacted by Luxair, via e-mail, to take advantage of this feature. In addition to these two situations, you can also go to Luxair website www.luxair.lu and enter your name and booking code to verify eligibility to be able to place an Upgrade bid.
2.2 By submitting your Offer, you accept that you are bound by the Offer from the moment of its submission until the acceptance of the Offer by Luxair.
2.3 Vouchers and other forms of payment not provided for in these Terms and Conditions cannot be used to make an Offer.
2.4 You agree that your Offer remains open for acceptance by Luxair at any time up to 24 hours prior to the scheduled flight departure time. You can make change or cancel the Offer from the time that you submit your Offer until 28 hours prior to the scheduled flight departure provided Luxair has not already accepted your Offer. If your Offer is accepted by Luxair before you cancel or change your Offer, you are legally bound to complete payment for the price stated in your original Offer and you are not entitled to withdraw anymore from your Upgrade.
2.5 Luxair is under no obligation to accept your Offer, and it makes no representation that any passenger will be upgraded irrespective of the amount of the Offer and/or seat availability in any higher cabin class. An Offer will be accepted or rejected in Luxair's sole and absolute discretion, taking into account various factors.
2.6 Luxair may accept your Offer at any time up to 24 hours prior to the scheduled flight departure time. You will be notified by email whether your Offer has been accepted or rejected up to 24 hours prior to the scheduled flight departure time.
2.7 In the event Luxair accepts your Offer, Luxair will deduct the amount of the Offer on your credit card at any time from the time of acceptance until the scheduled flight departure time and Luxair will issue an Upgrade to you.
2.8 Luxair does not guarantee specific seat assignments to passengers whose Offers are accepted and who are upgraded.
2.9 The Offer is not transferable to another person.
2.10 The fare rules for the original ticket you purchased continue to apply, even if your Offer has been accepted, for cancellation policies and changes fees.
3.1 No refunds will be issued once an Offer has been accepted by Luxair, unless one of the following conditions apply:
You were given an Upgrade, but you were not able to be seated in the upgraded class of service for reasons attributable to Luxair such as safety or security reasons but excluding reasons attributable to your actions.
Your flight is canceled by Luxair and Luxair re-accommodates you onto another flight in the original cabin class booked.
3.2 Any refunds will be processed in the currency in which the Offer amount was made and to the payment card used for the Offer.
3.3 Subject to article 3.1 and to request a refund, you shall contact Luxair via our web Contact form: https://www.luxair.lu/en/contact or Call Center +352 2456-1. To make such request, you shall provide your last name and the booking confirmation number.
3.4 If you already paid for your seat reservation (Online Seat Reservation) for an originally purchased Luxair ticket, the amount paid for the seat reservation will not be refunded.
4.1 Luxair reserves the right to modify and otherwise change these Terms and Conditions at any time in its sole discretion. These modifications or changes shall not impact the Offers that have already been accepted.
4.2 These Terms and Conditions constitute the entire and only understanding between the parties, and replace any prior understandings or agreements (whether oral or written) relating to the subject matter hereof.
4.3 The failure of Luxair to exercise any of its rights shall not be construed as a waiver or relinquishment of the future performance of any of its rights, and your obligations with respect to such future performance shall continue in full force and effect.
4.4 If any clause contained in these Terms and Conditions becomes void, unenforceable or prohibited in any jurisdiction, this will not affect the validity and enforceability of the other clauses in these Terms and Conditions, or of these same clauses in other jurisdictions. In such cases, Luxair and you agree to replace the clause that is void, unenforceable or prohibited with a valid, enforceable clause in the spirit of the original.
4.4 These Terms and Conditions shall be governed by the laws of Luxembourg. To the extent permitted by law, you agree to submit to the exclusive jurisdiction of the courts of Luxembourg, for settlement of any dispute which might arise as a result of or in connection with these Terms and Conditions.