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Passenger Rights


I. Regulation (EC) No 261/2004


If your flight is cancelled or significantly delayed, or if you are denied boarding on the flight you have reserved, the transporting air carrier is required to respect your rights under the European Regulation (EC) No 261/2004 of 11 February 2004, effective from 17 February 2005 (“the Regulation”).

 

Scope 


The Regulation applies to passengers:

 

 

Delay


Delays are taken into account in the following circumstances:

 

 

In these cases, passengers are entitled to care as described below:

 

 

The operating air carrier has no obligation of care if this would give rise to a greater delay.
In the event of a delay of three hours or more, passengers have the right to compensation as described under ‘denial of boarding’. Nonetheless, financial compensation is not due if the delay has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken (e.g.: political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, strikes,  air traffic management decisions). 

When the delay is at least five hours, passengers have the right to reimbursement, within seven days, of the ticket for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity;

 


Denial of boarding


Before denial of boarding, air carriers shall call for passengers to surrender their reservations voluntarily in exchange for benefits under conditions to be agreed.
Volunteers who surrender their reservations will have a choice between:


reimbursement, within seven days, of the ticket for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan,  together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or
rerouting, under comparable transport conditions, to their final destination at the earliest opportunity; or at a later date at the passenger's convenience, subject to availability of seats.

 

Passengers who do not surrender their reservations and who are denied boarding have the following rights:

 

The right to care:

 

 

The right to reimbursement or rerouting:


immediate reimbursement of the ticket for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan,  together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or
rerouting, under comparable transport conditions, to their final destination at the earliest opportunity; or at a later date at the passenger's convenience, subject to availability of seats.

 

The right to financial compensation:

 

 

This financial compensation shall be paid by electronic bank transfer or vouchers.

 

This financial compensation is not granted to passengers who have voluntarily surrendered their reservations in exchange for benefits.

 

Passengers who are denied boarding for reasons under their own responsibility or of their own doing, or for reasons of health, safety or security, or inadequate travel documentation (absent or invalid) are not entitled to the benefits described above. 


Cancellation


In case of cancellation of a flight, passengers with a reservation on this flight shall enjoy the following rights:

 

 

nonetheless, there shall be no right to financial compensation in the following cases:

 

 

Upgrading and downgrading


In the event of upgrading (an operating air carrier places a passenger in a class higher than that for which the ticket was purchased) it may not request any supplementary payment.


In the event of downgrading (an operating air carrier places a passenger in a class lower than that for which the ticket was purchased) it shall within seven days reimburse:

 

 


II. Submit a claim


Luxair ensures to compensate all its passengers in accordance with the provisions in force. However if you wish to raise a justified claim against Luxair based on the EU Regulation 261/2004, please contact us online by filing the online complaint form.

 

You can also contact us by email at Customer.Relations.lg@luxairgroup.lu

 

Provided that you are dissatisfied with the way your concern has been handled or disagree with how your claim was processed by Luxair you can contact the entity responsible for the enforcement of Regulation (EC) No 261/2004 in Luxembourg:

 

Ministère de l’Economie

Direction du marché intérieur et de la consommation

19-21, boulevard royal

L-2449 Luxembourg

Tél. +352 247 84159/ + 352 247 84334

Fax +352 22 16 07 

passagersaeriens@eco.etat.lu

 

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

https://ec.europa.eu/transport/sites/transport/files/2004_261_national_enforcement_bodies.pdf

 

III. Alternative Dispute Resolution


If your journey is a private one, you have the right to contact the “Médiateur de la consommation”, a Luxembourg’s independent service that intervenes in all requests for extra-judicial settlements of disputes. The “Médiateur de la consommation” will be able to assist you if your complaint falls within the scope of its competence.

 

You can contact such entity provided that you have already contacted Luxair about your concerns and you are dissatisfied with the way your concern has been handled or disagree with how your claim was processed by Luxair and your concern is not already, or has not been, pending before a court or has been settled.

www.mediateurconsommation.lu

 

The European Commission provides a platform for Online Dispute Resolution (ODR). The platform can be found under https://ec.europa.eu/consumers/odr/main/?event=main.home.show

 

Alternative Dispute Resolution in UK and Germany:

 

Please note that there are several alternative dispute resolution schemes for the aviation sector in the United Kingdom and in Germany but currently Luxair is not in a position to participate in these schemes. 

 

For the United Kingdom and provided that you are dissatisfied with the way your concern has been handled or disagree with how your claim was processed by Luxair you can however contact the Passenger Advice and Complaints (PACT) service of the Civil Aviation Authority (CAA). Their contact details and other useful information can be found on www.caa.co.uk

 

For Germany and provided that you are dissatisfied with the way your concern has been handled or disagree with how your claim was processed by Luxair you can contact:

 

Bundesamt für Justiz
Schlichtungsstelle Luftverkehr
Adenauerallee 99-103, 53113 Bonn
Postanschrift: 53094 Bonn
Telefon: +49 228 99 410-6120
Telefax: +49 228 99 410-6121
E-Mail: luftverkehr@bfj.bund.de 

 

You can contact the PACT and the Bundesamt für Justiz if you have concerns relating to: