TERMS AND CONDITIONS « Luxair High Five » PROGRAM

(hereinafter “General Terms and Conditions”)

Article 1 - General

1.1.    These terms and conditions govern the relationship between the Members of the Program and Luxair, Société Luxembourgeoise de Navigation Aérienne S.A. (société anonyme), a company 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 is L-2987 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 4109 (hereinafter "Luxair").
1.2.    Membership of the Program implies full and unconditional acceptance of these terms and conditions.
1.3.    No agent, employee or representative of Luxair has the right to alter, modify or waive these terms and conditions.
1.4.    The following terms have the meanings set out below, unless the context otherwise requires:
-    The "Program" refers to the Program entitled "Luxair High Five”, the purpose of which is to offer you a voucher to be used for the purchase of Luxair flight tickets and ancillaries, after purchase and use of five (5) Luxair flight bookings.
-    The term "Voucher" refers to the voucher offered by Luxair within the framework of the Program, within the limits and conditions as detailed hereunder.

Article 2 - Membership of the Program

2.1.    The Program is accessible to any natural person over the age of eighteen (18) who has a MyLuxair account (www.luxair.lu/en/myluxair). 
2.2.    To join the Program, you must activate the Program in your MyLuxair account (the “Member”). 
2.3.    Membership in the Program can only be registered and validated if the information provided by the Member is complete, legible and usable. The Member is therefore solely responsible for the accuracy and updating of its personal data. Luxair reserves the right to ask you at any time for any document to prove the accuracy of the information provided.
2.4. Please note that the person having registered to the Program can only participate once to the Program.
 

Article 3 - Terms of delivery, issue and use of Vouchers

3.1.    In order to be eligible for a Voucher under this Program, you must have made five (5) bookings and have used the corresponding Luxair flights since the first activation of the Program, in accordance with the terms and conditions indicated in Article 2 of these General Terms and Conditions, until 30th April 2024 (the Period). The said five (5) made and used bookings collectively constitute one round of the Program (the “Round”). A roundtrip ticket or a multi-city ticket is considered as one (1) single booking under the Program. Each booking can only be added once in the Program.
3.2.    Only tickets for Luxair flights used during the Period will be registered and taken into consideration. Other tickets, such as flight + hotel package with LuxairTours, negotiable fares, staff tickets, tickets bought with Miles & More program and corporate tickets are not included. 
- For a Luxair flight to be taken into consideration for the Program, the booking must include the Member as a passenger and its information shall match the information provided by the Member in its MyLuxair account. The Luxair flight shall be purchased online from Luxair website luxair.lu, at Luxair Travel Stores, on Luxair Mobile App or Travel Agencies. The flight must be operated by Luxair and the E-ticket number must start with 149 or 169 or 275. 
3.3.    Without prejudice to the preceding paragraphs, 
-    Bookings for Luxair flights made prior to joining the Program, as described in Article 2 of these General Terms and Conditions, will be registered and taken into consideration under the Program, provided that the flight took place maximum seven (7) calendar days prior to joining the Program. 
-  Regardless of the booking dates, all Luxair flights flown within the Period can be taken into consideration under the Program.
-    Round trip tickets which are purchased as a single booking, and of which one of the parts of the round trip is cancelled, will be registered and counted as part of the Program, it being specified that only the portion of the ticket actually used will be taken into account in the calculation of the Voucher. 
-    If Luxair flight ticket was not purchased on the Luxair website through your MyLuxair account, the ticket must be manually added to the Program. This manual addition must be completed by the Member, via its MyLuxair account.
- For the Luxair flight ticket to be taken into consideration, the Member’s information in the booking should match the information provided in Member’s MyLuxair account. In case you are travelling in group, only the Member’s own Luxair flight ticket can be added to the Program, not the Luxair flight ticket of the other people travelling with the Member, even if a collective booking was made. For other people travelling with the Member to have their Luxair flight tickets considered under the Program, each person of the group needs to be registered to the Program in accordance with these General Terms and Conditions.
3.4.    If the conditions as detailed in paragraphs 1, 2 and 3 of this Article are fulfilled, you will receive a Voucher, which can be used for the purchase of Luxair flight tickets and ancillaries. 
- The value of the Voucher will be calculated on the basis of the lowest price of all five (5) bookings (collectively constituting a Round) purchased and used within the framework of the Program (the “Value”).
- The Members can participate and complete several Rounds within the framework of the Program. At the manual completion of the first Round from the Member via its MyLuxair account, a Voucher with the respective Value will be sent to the Member. After the manual completion of the second Round by the Member, a Voucher with the respective Value increased by 10% will be sent to the Member. After the manual completion of the third Round by the Member, a Voucher with the respective Value increased by 20% will be sent to the Member. After the manual completion of the fourth Round by the Member, and for each Round completed thereafter, a Voucher with the respective Value increased by 30% will be sent to the Member.
- The Members can manually remove bookings from their Program via their MyLuxair account. Once a booking is removed it cannot be used or included in any future Round of the Program. The removed bookings will be excluded for the entire Period of the Program.
- No manual completions of a Round can be made by the customer, no bookings can be added to the Program and no claims regarding the Program will be treated after one (1) month from the end of the Period of the Program.
3.5.    From the date of issue by Luxair, Vouchers are only valid for bookings within a period of two (2) years and for travel dates within a period of three (3) years from the issuance of the Voucher. The Voucher can be redeemed until its expiration date, which is mentioned in the email by which the voucher was delivered. The Voucher expires on the mentioned expiration date at 23:59 UTC.
3.6.    Except in cases where the law provides otherwise, Vouchers are neither exchangeable nor refundable. It cannot be paid out in cash, or transferred against value, under any circumstances. Further sale of Voucher is likewise not permitted.
3.7.    Voucher can only be used for the purchase of Luxair flight ticket(s) and ancillaries or LuxairTours packages, online from Luxair website luxair.lu or from luxairtours.lu and on Luxair Mobile App. You cannot book any other stand-alone services other than flight(s) with or without ancillaries and packages, available on the aforementioned websites.
3.8.    Vouchers are only valid for the purchase of Luxair flight tickets and ancillaries or LuxairTours packages marketed at the standard price available to the public. It is not possible to jointly redeem promotional code and gift card or Voucher. 
3.9.    Voucher cannot be redeemed for the purchase of gift cards or other Voucher.
3.10.    It is currently not possible to add Luxair’s travel insurance to your booking if you use your Voucher for payment.
3.11.    The Voucher can be used multiple times, within the validity period, until the total balance of the Voucher has been used completely. After the expiration date the Voucher cannot be used, renewed or reactivated, nor can any unused remaining balance on the Voucher be claimed or redeemed for cash. No refunds or credit note shall be issued for unused part of the Voucher.
3.12.    When making a payment with the Voucher, in case the booking amount is equal or exceeds the available credit, the Voucher will be fully used. Therefore, the entire transaction payment should be made with the Voucher or if the purchase exceeds the redeemer’s Voucher balance, the remaining amount must be paid with another accepted form of payment. 
If there is any credit left after your transaction, the value of the Voucher will be adjusted and will remain valid under the same conditions (no refund or extension possible). 
3.13.    You can use up to three forms of payment for one purchase, combining Voucher, gift card and any accepted credit card.

Article 4 - Fraudulent use of the Program

4.1.    The purpose of the Program is to offer you a Voucher to be used on any new reservation of a Luxair flight, after the purchase and use of five (5) Luxair flight bookings. By joining the Program, you accept all of the present General Terms and Conditions and behave fairly towards Luxair. 
In this context, in the event of abuse by you in the use of the Program or towards Luxair, Luxair reserves the right to (i) suspend or cancel your membership in the Program, and/or (ii) cancel the Vouchers associated with the Program. In this case, Luxair will carry out such suspension and/or cancellation after having notified you by any appropriate means of communication. 
4.2.    The suspension and/or cancellation of your membership to the Program and/or of the associated Vouchers in case of abuse does not give you the right to any form of compensation.
4.3.    Without being exhaustive, the following in particular are considered as abuse within the meaning of this Article: (i) fraud or attempted fraud, (ii) theft or attempted theft, (iii) inappropriate use or misappropriation of the Program, (iv) actions likely to disrupt the operation of the Program, or more generally (v) failure to comply with the provisions set out in these General Terms and Conditions, or with the terms and conditions of use of the www.luxair.lu website and the MyLuxair service (www.luxair.lu/en/myluxair).
 

Article 5 - Modification, suspension and cancellation of the Program

5.1.    Luxair reserves the right to freely modify and change the present General Terms and Conditions, at any time and at its sole discretion. The latest version of the General Terms and Conditions applicable to the Program can be consulted on the Luxair website, accessible at www.luxair.lu. Such modifications or changes shall not affect any Vouchers already issued. 
5.2.    Luxair reserves the right to modify, suspend or terminate the Program. In case of suspension or termination of the Program, you may continue to use the issued Vouchers until their respective expiry date, within conditions and limits detailed in the present terms and conditions. If they are not used within the validity period, the Vouchers will be definitively expired.
5.3.    The modification, suspension or cancellation of the Program does not give you any right to compensation.

Article 6 - Personal data protection

As part of the Program, Luxair is committed to respecting your privacy and personal data.  
For information on the use and protection of your personal data, please read our Security and Privacy Policy
 

Article 7 - Liability

7.1. To the extent permitted by law, Luxair shall not be liable for any direct, indirect, incidental or consequential damage that may be caused by anomalies in the operation of the Program, whatever the cause of these anomalies. However, Luxair undertakes to do its utmost to allow you to keep the benefit of the Vouchers acquired within the framework of the Program in case of anomaly.
7.2. Luxair shall not be liable for the risk of loss and title of the Voucher to the designated recipient upon the electronic transmission of the Voucher.
7.3. Luxair is not responsible if any Voucher is lost, stolen, destroyed or used without recipient’s permission. Neither Luxair nor Luxair’s agent, employee or representative is obligated to request a person presenting this Voucher to identify himself/herself. 
7.4. Luxair does not accept any liability in the case that the email address of Voucher designated recipient is misspelled.

Article 8 - Miscellaneous

8.1.    These General Terms and Conditions constitute the entire agreement between you and Luxair and supersede any prior agreement or understanding (oral or written) with respect to the subject matter hereof.
8.2.    Any failure by Luxair to exercise any of its rights shall not be construed as a waiver or relinquishment of future performance of any of its rights; your obligations in respect of such future performance shall remain in full force and effect.
8.3.    If any provision of the present General Terms and Conditions becomes invalid, unenforceable or prohibited in any jurisdiction, this will not affect the validity or enforceability of the remaining provisions of these General Terms and Conditions or of those same provisions in any other jurisdiction. In such event, you and Luxair agree to replace the clause said to be invalid, unenforceable or prohibited with a valid and enforceable clause within the meaning of the original clause.
8.4.    The original version of these terms and conditions is written in English. If a translation is made into a language other than English for any reason, the English version shall prevail in the event of any difference, question or dispute as to the meaning, form, validity or interpretation of these terms and conditions. 
8.5.    These General Terms and Conditions should be read in conjunction with our terms and conditions of carriage, security and privacy policy, cookie policy and terms of use.

Article 9 - Applicable law and jurisdiction

The present General Terms and Conditions are subject to the laws of the Grand-Duchy of Luxembourg.
In the event of a dispute, we invite the Member to contact our customer relations service in order to find an amicable solution. In the absence of an amicable solution, the Courts of the District of Luxembourg, shall have sole jurisdiction to hear any dispute.