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Terms & Conditions

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.

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

Baggage
Means all articles intended for passenger use. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.

Baggage Check
Means those portions of the ticket which relate to the carriage.

Baggage Tag
Means a document issued by Carrier solely for identification of Checked Baggage, the baggage (strap) tag portion of which is attached by Carrier to a particular article of Checked Baggage and the baggage (identification) tag portion of which is given to the passenger.

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 Carrier has issued a Baggage Tag at check-in or before the entering of the aircraft.

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.

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.

Conditions of Contract
Means those statements contained in or delivered with your Ticket or Itinerary Receipt, identified as such and which incorporate by reference these Conditions of Carriage and notices.

Conjunction Ticket
Means a Ticket issued to the Passenger with relation to another Ticket which together constitute a single contract of carriage (as defined in the Convention).

Convention
Means the Convention for unification of certain rules for international carriage by air which was agreed on 28 May 1999 in Montreal (Montreal Convention).

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 Itinerary Receipt issued by Luxair or on Luxair’s behalf, and the Electronic Coupon.

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 Luxair’s control, the consequences of which could not have been avoided even if all due care had been exercised.

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
Means the company Luxair, Société Luxembourgeoise de Navigation Aérienne S.A., a public limited liability company, incorporated and existing under the laws of the Grand Duchy of Luxembourg, having its registered office at Aéroport de Luxembourg, L-2987 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 4109.

Normal Fare
Means the highest fare approved for carriage in a given class of carriage.

Passenger(s)
Means any person, except members of the crew, 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 that portion of the Ticket issued by Luxair or on Luxair’s behalf, which is so marked and which ultimately is to 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, and repealing Regulation (EEC) No 295/91.

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.

Special Fare
Means a fare which is lower than the Normal Fare.

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

Tariff
Means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

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 Conditions of Contract, notices and coupons.

Unchecked Baggage
Means any of Passenger’s Baggage other than Checked Baggage.

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, 2.4 and 2.5, Luxair’s Conditions of Carriage apply only on those flights or flight segments, where Luxair’s 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 Convention and the European and Luxembourg law in force.

2.2 Charters

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, Luxair has arrangements with other Carriers known as a “Code Share”. This means that even if the Passenger has a reservation with Luxair and holds a Ticket where Luxair’s name or Airline Designator Code (LG) is indicated as the Carrier, another Carrier may operate the aircraft. If in case of a Code Share flight LG is indicated as the Carrier these Conditions of Carriage also apply to such transportation. If such arrangements apply, Luxair will advise the Passenger of the Carrier operating the aircraft at the time a reservation is made.

For Code Share services on flights operated by another Carrier, Luxair is responsible for the entirety of the Code Share journey for all obligations to Passengers established in these rules. However, each Code Share’s partner may have rules in respect to the operations of its own flights that apply to Passengers travelling onboard their aircraft which may differ from these rules. Except as noted herein, for Passengers travelling on an itinerary operated by one of Luxair’s Code Share partners, the rules of the operating Carrier shall apply.

The rules that may differ between Luxair and its Code Share partners include for instance:

  • Check-in time limits;
  • Denied boarding compensation;
  • Passenger with Reduced Mobility;
  • Unaccompanied minors;
  • Refusal to transport;
  • Baggage acceptance, allowance and liability;
  • Carriage of animals.

For the rules and regulations of LG Code Share partners Luxair refers the Passenger to their websites or his travel agency. Passenger should review the rules for flights operated by another Carrier under a Code Share agreement and familiarize with such things as for example flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and Baggage acceptance.

2.4 Predominance of the Law

These Conditions of Carriage are applicable to the extent they are not contrary to the law in force or the rules governing public order, in which case, said law or rules shall prevail. If any clause of these Conditions of Carriage is or becomes void, this shall not affect the validity and enforceability of the other clauses of these Conditions of Carriage.

2.5 Conditions of Carriage 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 carriage service is only provided to the Passenger named in the Ticket and against presentation, in case of Electronic Ticket upon storage in the reservation system, of the relevant Flight Coupon and all consecutive Flight Coupons as well as the Passengers Receipt of the Ticket. Luxair reserves the right to check the identity documents of these 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 Special 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 Ticket.

3.1.4
If a Passenger has a Ticket, as described in article 3.1.3 above, which is completely unused, and this Passenger is prevented from travelling due to Force Majeure, provided that the Passenger promptly advises Luxair and furnishes evidence of such Force Majeure, Luxair will provide the Passenger with a credit of the non-refundable amount of fare, for future travel on Luxair, subject to deduction of a reasonable 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 Us and the Passenger. The Conditions of Contract contained in the Ticket are a summary of the provisions of these Conditions of Carriage.

3.1.6 Requirement for Ticket
Except in the case of an Electronic Ticket, Passenger shall not be entitled to be carried on a flight unless Passenger presents a valid Ticket issued on his name containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon.
In addition, Passenger shall not be entitled to be carried if the Ticket presented is damaged or if it has been altered or modified by a person other than Luxair or one of its Authorised Agents.
For Electronic Ticket, Passenger must provide proof of his identity and shall be carried on flight if a valid Electronic Ticket has been issued in his name.

3.1.7 Loss of Ticket
(a) 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 Passenger’s request, Luxair 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 and the Passenger signs an agreement to reimburse Luxair for any costs and losses, up to the value of the original Ticket, which are necessarily and reasonably incurred by Luxair or another Carrier for misuse of the Ticket. The issuing Carrier may charge a reasonable administration fee for this service, unless the loss or damage was due to the negligence of the issuing Carrier or its agents.

(b) Where such evidence is not available or Passenger does not sign such an agreement, the Carrier issuing the new Ticket may require Passenger 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, Passenger surrenders it to the Carrier issuing the new Ticket, the foregoing refund will be processed at that time.

3.1.8 Duty of Care
A Ticket is valuable and Passenger should take appropriate measures to safeguard it and ensure it is not lost or stolen.

3.2 Period of Validity

3.2.1 General provisions
Except as otherwise provided in the Ticket or in these Conditions of Carriage or in a Tariff as defined in article 1, (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.

3.2.2 Extension of validity
When Passenger is prevented from travelling within the period of validity of the Ticket because at the time Passenger requests reservations Luxair is unable to confirm a reservation, the validity of such Ticket will be extended, or Passenger may be entitled to a refund in accordance with Article 10.

3.2.3
If after having commenced his journey, a Passenger is prevented from travelling within the period of validity of the Ticket for health reasons, Luxair may extend the period of validity of his Ticket until the date on which the Passenger is fit to travel or until Luxair’s first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested by a medical certificate stating the health reasons that prevented Passenger from continuing his journey and provided these health reasons were not known when the reservation was made.

When the Flight Coupons remaining in the Ticket involve one or more Stopovers, the validity of such Ticket may be extended for a maximum of three months from the date shown on the medical certificate. In such circumstances, Luxair may, on request, similarly extend the validity period of Tickets of immediate family members accompanying the Passenger, subject to compliance with the conditions of proof specified above. Modification fees may be charged in case of a Ticket with fare restrictions.

3.2.4
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.

3.3 Coupon Sequence and Use

3.3.1 General provisions
The fare applied on the Ticket issue date is only valid for a Ticket used fully and in the sequential order of Coupons, for the specified journey and on the specified dates.

Any non-compliant use may result in the payment of an additional fare under the conditions defined below. The calculation established on the basis of the details and flight dates mentioned on the Ticket corresponds to a departure point and arrival point via any agreed stopping places to the final destination.

The Ticket will be invalid if all Coupons are not used in the order provided in the Ticket.

3.3.2 Changes Requested by Passenger
Should the Passenger wish to change any aspect of his transportation, the Passenger must contact Luxair in advance. The fare for his new transportation will be calculated and the Passenger will be given the option of accepting the new price or maintaining his original transportation as ticketed. Should the Passenger be required to change any aspect of his transportation due to Force Majeure, the Passenger must contact Luxair as soon as possible and Luxair will use reasonable efforts to transport the Passenger to his next stopover or final destination, without recalculation of the fare provided that the Passenger provides Luxair with proof of such Force Majeure.

3.3.3
The Passenger has to be aware that, while some types of changes will not result in a change of the fare, others will result in an increase in price.
3.3.3.1
In the event that the Passenger does not use the return trip shown on the Ticket, Luxair shall recalculate and demand the price in accordance with the fare rules.
3.3.3.2
Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.

3.3.4
Each Flight Coupon contained in the Ticket will be accepted for transportation in the class of service on the date and flight for which reservation has been made. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to the Tariff and the availability of space on the flight requested.

3.3.5
If the Passenger does not use all his Coupons and prematurely interrupts his journey, the Passenger may be required to pay a fixed amount, specified by Luxair when the reservation was made, in order to be able to retrieve his Checked Baggage.

3.4 Carrier’s identification

Luxair’s name may be abbreviated to the Airline Designator Code, or otherwise, in the Ticket. Luxair’s address shall be deemed to be that of its registered office or principle 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 origin 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 town terminals. The Passenger’s fare will be calculated in accordance with the Tariffs applicable on the day the Passenger books his Ticket for the flight dates and itinerary shown on his ticket. Any change in itinerary or journey date may have an impact on the applicable fare.

4.2 Taxes, Fees and Charges

Applicable taxes, fees and charges imposed by government or other authorities, or by the operator of an airport, shall be paid by the Passenger. At the time the Passenger purchases his Ticket, the Passenger will be advised of taxes, fees and charges not included in the fare most of which will normally be shown separately on the Ticket. Taxes, fees and charges 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 any taxes or charges 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 or airports charges, 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 charges are payable in any currency acceptable to Luxair, unless another currency is indicated by Luxair 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 Luxair on the day the Ticket is issued.

Article 5. Reservation requirements

5.1 General provisions

Luxair or Luxair’s Authorised Agent will record the reservation(s) of the Passenger. Upon request, Luxair will provide the Passenger with written confirmation of his reservation(s).

Certain fares are under conditions which limit or exclude the right of the Passenger to change or cancel reservation(s).

5.2 Ticketing Time Limits

If the Passenger has not paid for his Ticket prior to specified ticketing time limit, as advised by Luxair or its Authorised Agent, the reservation may be cancelled and the seat allocated to another Passenger, without any liability on the part of Luxair.

5.3 Personal Data

Passenger recognizes that personal data have been transmitted to Luxair for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with the travel. For these purposes, Passenger authorises Luxair to retain and use such data and to transmit it to Luxair’s own offices, Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned services.

5.4 Seat reservation, onboard services and type of aircraft

Luxair will endeavour to honour 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 beyond the control of Luxair 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 beyond the control of Luxair or operating constraints may lead Luxair to modify the type of aircraft, without any liability on its part.

5.5 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 return.

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 in the Ticket.

 

Article 6: Check-in and Boarding

6.1

Check-In Deadlines may be different at every airport and Luxair recommends that the Passenger seeks information about these Check-In Deadlines and honour them. Luxair reserves the right to cancel the reservation of the Passenger if the Passenger does not comply with Check-In Deadlines as indicated. Luxair or its Authorised Agents will advise the Passenger of the Check-In Deadline for his first flight.

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

Passenger must arrive sufficiently in advance before the flight in order to carry out all necessary formalities for his journey and must comply with the Check-in Deadlines. Should the Passenger fail to do so or should the Passenger not present all the documents allowing him to be checked-in and therefore be unable to travel, Luxair may cancel his reservation, without any liability towards the Passenger.

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.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.  

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:

7.1.1
Such action is necessary for reasons of security or public order or to prevent violation of any applicable laws, regulations or conditions governing flights from, into or over individual countries; or

7.1.2
The carriage of the Passenger may endanger 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

7.1.3
The conduct, age 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

7.1.4
The Passenger has committed misconduct on a previous flight, and Luxair has reason to believe that such conduct may be repeated; or

7.1.5
The Passenger has refused to submit to a security check; or

7.1.6
The Passenger has not paid the applicable fares, taxes, fees or charges; or

7.1.7
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); or

7.1.8
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 in the Ticket; or

7.1.9
The Passenger has failed to comply with the requirements set forth in article 3.3 above concerning coupon sequence and use, 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

7.1.10
The Passenger fails to observe Luxair’s instructions with respect to safety or security, or

7.1.11
The Passenger fails to observe the non-smoking rule on board the aircraft or rules regarding use of electronic equipment on board.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

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. Passengers with disabilities having advised Luxair of any special requirements they may have at the time of reservation, and who have been accepted by Luxair, shall not subsequently be refused carriage on the basis of such disability or special requirements. Nevertheless, according to the Regulation (EC) 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, a Carrier may refuse to accept a reservation or to embark a Passenger with Reduced Mobility (or Disabled Person) in order to meet applicable safety requirements or if the size of the aircraft or its doors makes the embarkation or the carriage impossible.

7.2.2
Passengers should inform Luxair of their disability or of any need for special assistance when making their reservation. In accordance with the applicable regulations, a request for special assistance has to be made following the reservation, at least 48 hours prior to departure. If the request has not been made in time, Luxair will do its best efforts to fulfil the request pursuant to the applicable regulations, taking particular account of the time frame and the specific nature of the assistance requested.

7.2.3
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.

7.2.4
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.

7.2.5
The special conditions relating to the carriage of people as outlined in this article 7.2 are available from Luxair and its Authorised Agents, on request, and on Luxair’s website.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

7.3 Recourse when Carriage Refused

The sole recourse of any person which is refused to carriage or whose reservation is cancelled for any reason specified in the preceding paragraphs shall be the right to reimbursement or re-routing as provided for in article 8 of the Regulation (EC) N0 261/2004.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

Article 8: Baggage

8.1 General provisions

8.1.1 The Passenger's obligations

(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 Free Baggage Allowance

(a) The free Baggage allowance corresponds to carriage in the hold of a quantity of Baggage per Passenger limited by number and/or weight and/or dimensions, determined on the basis of the destination and the fare paid, and appearing on the Ticket.

(b) Passenger may carry some Checked Baggage, free of charge, subject to Luxair’s conditions and limitations, which are mentioned in the Ticket or are available upon request from Luxair or its Authorised Agents. The weight of each piece of luggage should not exceed 32 kilograms.

8.2 Excess Baggage

Passenger will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from Luxair or its Authorised Agents upon request.

8.3 Items Unacceptable as Baggage

8.3.1

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:

8.3.1.1
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. Especially the following items are unacceptable as Baggage:

Explosives, compressed gases, corrosives, oxidizing, radioactive or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, and liquids of any kind (other than liquids in Passenger’s Unchecked Baggage for his use in the course of the journey);

8.3.1.2
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.

8.3.2

If the Passenger is in possession of, or his Baggage includes (a) weapons of any kind, in particular side arms and sprays used for offensive or defensive purposes, (b) munitions and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, munitions or explosives, Passenger has to present them to Luxair for inspection, prior to commencement of carriage. Luxair accepts such articles for carriage only if they are carried as cargo or Checked Baggage in accordance with the regulations governing carriage of dangerous goods. Sentence 2 shall not apply to police officers who, in performance of their official duties, are required to carry arms. During the flight they shall hand over their arms to the pilot in command.

8.3.3

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 8.3.1.1.

8.3.4

Passenger must not include in Checked Baggage money, jewellery, precious metals, computers (Laptops, PCs), personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

8.3.5

If despite being prohibited, any items referred to in 8.3.1, 8.3.2, 8.3.3 and 8.3.4 are included in the Passenger’s Baggage, Luxair shall not be responsible for any loss or damage to such items.

8.4 Right to Refuse Carriage

8.4.1

Subject to articles 8.3.2 and 8.3.3, Luxair may refuse to carry as Baggage the items described in article 8.3, and Luxair may refuse further carriage of any such items upon discovery.

8.4.2

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.

8.4.3

Luxair may refuse to accept Baggage for carriage unless it is in Luxair reasonable opinion properly and securely packed in suitable containers.

8.5 Search of Passengers and Baggage

If the Passenger is unwilling to comply with a request for a search to be made on his person or his Baggage to determine the presence of articles which are inadmissible according to or which have not been presented in accordance with paragraph 8.3, Luxair may refuse to carry the Passenger or his Baggage and in that event Luxair shall be under no liability to the Passenger. In the event a search or scan causes damages to the Passenger or an X-ray or scan causes damages to the Passenger’s Baggage, Luxair shall not be liable for such damage unless due to its fault or negligence.

8.6 Checked Baggage

8.6.1

The Passenger must hand over Baggage at Luxair’s check-in desk for the purpose of checking in prior to the Check-in Deadline. Luxair shall take custody thereof and issue Passenger with a Baggage Check, for each item of Checked Baggage. Luxair will make an appropriate entry on the ticket, constituting the issue of the Baggage Check. Baggage (identification) tags that may be issued by Luxair in addition to the Baggage Check are for identification purposes only.

8.6.2

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

8.6.3

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.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

8.7 Unchecked Baggage

8.7.1

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.

8.7.2

Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in article 8.7.1 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.

8.8 Delivery of Checked Baggage

8.8.1

Passenger is required to collect his Checked Baggage as soon as it is made available at his destination or stopover. Should Passenger not collect it within a reasonable time, Luxair may charge Passenger a storage fee.

8.8.2

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.

8.8.3

If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a baggage (identification) tag if issued – Luxair will deliver the Baggage to such person only on condition that it establishes to Luxair’s satisfaction its right thereto.

8.8.4

Acceptance of the Baggage by the bearer of the Baggage Check without any complaint on its part at the time of delivery constitutes a presumption, unless proven to the contrary, that the Baggage was delivered in good condition, in accordance with the contract of carriage.

8.9 Pets and Seeing-Eye Dogs


8.9.1

Carriage of dogs, cats, domesticated birds and other pets is subject to Carrier’s and Luxair’s approval. It is contingent on the fact that the animals are properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit. Luxair reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.

8.9.2

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 but shall be charged to and paid by the Passenger at a fix rate published on Luxair’s website.

8.9.3

“Seeing-eye” dogs and service dogs, together with containers and food will be carried free of charge in addition to the normal free baggage allowance. Passenger’s dependence upon an escort dog must be evidenced by a medical certificate.

8.9.4

In the event of fraud or the absence or invalidity of the required documents, Luxair shall not assume any liability for the injury, loss, illness or death of animals carried as a result of these failures, unless such failure was due to Luxair’s gross negligence or wilful misconduct.

8.9.5

Passenger is liable and hereby agrees to indemnify Luxair from all damages which a pet might cause.
For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

Article 9: Schedules, Delays, Cancellation of Flights

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 the scheduled flight time in effect as of the time, and it will be shown on the Ticket. If the Passenger provides Luxair with contact information, Luxair will endeavour to notify the Passenger of any such changes. 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 article 14.4.1.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

9.2 Cancellation, Rerouting, Delays, etc.

9.2.1

Luxair will take all necessary measures to avoid delay in carrying the Passenger. In this respect and in order to prevent a flight cancellation, in exceptional circumstances beyond Luxair’s control, Luxair may arrange for a flight to be operated on Luxair behalf by an alternative Carrier and/or aircraft.

9.2.2

In case of a flight cancellation or flight delay, Luxair offers assistance and compensation to the concerned passengers according to Regulation EC No 261/2004.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

Article 10: Refunds

10.1 Person to whom refund will be made

Luxair will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, 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 in 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 in the Ticket, and the Ticket indicates that there is a restriction on refund, Luxair shall make a refund only to the person who paid for the Ticket on that person’s order.

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 a person to whom refund may be made in terms of article 10.1.1 or 10.1.2 shall be deemed a refund to such person.

10.2 Voluntary Refunds

10.2.1

If the Passenger is entitled to a refund of his Ticket, the amount of the refund shall be:

10.2.1.1
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.

10.2.1.2
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.

10.3.1 Refund on Lost Ticket

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

10.3.1.1
The lost Ticket or portion thereof has not been used 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)

10.3.1.2
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.

10.3.2

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

10.4 Refusal of Refunds

10.4.1

Luxair may refuse a refund when an application is made later than one year after the expiry of the validity of the Ticket.

10.4.2

Luxair 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 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.

10.6 Debtor of refundable Ticket

Voluntary refunds will be made only by the Carrier that originally issued the Ticket or by its agent if so authorised.

10.7 Refund to Credit Cards Accounts

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 Luxair 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 Luxair.

Article 11: Conduct Aboard Aircraft

11.1 General provisions

If, in Luxair 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, Luxair may take such measures as Luxair deem reasonably necessary to prevent continuation of such conduct, including restraint. Passenger 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 safety reasons, Luxair may forbid or limit the operation aboard the aircraft of electronic equipment, including, but not limited to cellular telephones, laptop computers, tablets, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies.

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.

Article 12: Arrangements for additional services

12.1

If Luxair makes arrangements with any third party to provide any services to the Passengers, like issuing a Ticket or voucher relating to transportation or services, in doing so Luxair acts only as the agent of the Passenger. The terms and conditions of the third party service provider will apply.

12.2

If Luxair is also providing surface transportation to the Passenger, these Conditions of Carriage apply to such surface transportation.

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.

13.1.2

Luxair shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules 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 authorise 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 Luxair is required to pay any fine or penalty or to incur any expenditure by reason of the Passenger’s failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, Passenger shall reimburse Luxair, on demand, any amount so paid or expenditure so incurred. Luxair may apply towards such payment or expenditure the value of any unused carriage on Luxair’s Ticket, or any of his funds in Luxair possession. The value of fine or penalty may vary from country to country and may be of a higher value as the fare paid for the Passenger Ticket. In the Passenger’s own interest, Passenger shall be aware to observe the admission regulations of each country Passenger intends to travel to.

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 (including USA and Canada) 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

14.1.1

The liability of Luxair and each Carrier involved in the Passenger’s journey will be determined by the respective 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.

14.1.3

Any liability Luxair has for Damage will be reduced by any negligence on the Passenger part which causes or contributes to the Damage in accordance with applicable law.

14.1.4

Luxair is liable for Damage occurring on its own flights. If Luxair issues a Ticket or check Baggage over the lines of another Carrier, Luxair does so only as an agent for such other Carrier. Nevertheless, with respect to Checked Baggage the Passenger shall also have a right of action against the first or last Carrier.

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.

14.1.6

Luxair is not liable for any Damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same. br />
14.1.7

Luxair’s liability shall not exceed the amount of proven Damage under any circumstances. Luxair shall not be liable for indirect or consequential damages; the provisions of the Convention shall be applicable without change.

14.1.8

Luxair is not liable for any illness, injury or disability, including the death of a Passenger caused by the Passenger’s physical condition, nor for any deterioration in said condition.

14.1.9

If negligence or other wrongful action or omission on the part of the person who is claiming compensation, or the person whose rights they hold, caused the damage or contributed hereto, Luxair shall be wholly or partially exempted from its liability with regard to said person, including in the event of death or bodily injury.

14.1.10

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

14.1.11

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 113,100 SDRs Luxair cannot contest claims for compensation without prejudice of article 14.1.9. Above the amount, Luxair can contest a claim by proving that it was not negligent or otherwise at fault.

14.2.2

If a Passenger is killed or injured, the air 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.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

14.3 Destruction, Loss or Damage to Baggage

14.3.1

Luxair is liable for damage suffered due to the destruction, loss or damage of Checked Baggage if the incident that caused the damage occurred on board or during any period during which Luxair had custody of the Checked Baggage except and to the extent that the damage results from the inherent defect, quality or vice of the baggage. For Unchecked Baggage, Luxair may only be held liable in the event of proven fault on the part of Luxair. The liability of Luxair in case of damage to Baggage shall be limited to 1,131 SDRs per Passenger unless the Passenger has made a special declaration of interest as provided for in the article 14.3.2; in such a case, the liability shall be limited to the value declared, unless Luxair proves that the sum is greater that the Passenger’s actual interest in delivery at destination.

As provided in articles 8.3.4 and 8.3.5, Luxair shall not be liable for any damage caused to fragile or valuable items or items not adequately packed (e.g. money, jewellery, precious metals, laptop, negotiable papers, securities or other valuables, business documents, etc, …)

14.3.2 Higher Limits for Baggage

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.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

14.3.3 Complaints on Baggage

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. Any Passenger whose property causes damage to another Passenger’s Baggage or Luxair’s property, shall indemnify Luxair for all losses and expenses incurred by Luxair as a result thereof.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies

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. The liability for Passenger delay is limited to 4,694 SDRs. In case of a flight delay of 2 hours or more Luxair offers assistance and compensation to the concerned passengers according to Regulation (EC) No 261/2004.

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 1,131 SDRs.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

14.5 Non-Carriage due to Overbooking

In case of a denied boarding Luxair offers compensation, assistance and Ticket refund within the scope of Regulation (EC) No. 261/2004.

14.5.1

Luxair will give priority to unaccompanied children, ill and disabled people. In all other cases, Passengers will be allocated a seat on the aircraft in the order in which they check in, taking into account any specific interests.

14.5.2

When Luxair reasonably expects to deny boarding on a flight Luxair first calls for volunteers to give up their reservation in exchange for benefits.

14.5.3

Every Passenger who is turned away is entitled to compensation pursuant to Regulation (EC) No 261/2004, calculated as follows:

On all flights with a distance to destination of 0 km – 1,500 km the compensation amounts to € 250; reduction of compensation by 50% (compensation € 125), if the arrival time of the alternative flight is not later than 2 hours after the scheduled arrival time of flight.

On all intra-Community flights with a distance of more than 1,500 km as well as on all other flights with a distance of 1,500 km – 3,500 km the compensation amounts to € 400; reduction of compensation by 50% (compensation € 200), if the arrival time of the alternative flight is not later than 3 hours after the scheduled arrival time of flight.

On all flights outside the European Community with a distance of more than 3,500 km the compensation amounts to € 600; reduction of compensation by 50% ( compensation € 300), if the arrival time of the alternative flight is below/up to 4 hours after the scheduled arrival time of flight.

Payment will be made in local currency, at least at the fixed rate of exchange valid for the Euro.
Damages will be paid in form of a refundable in cash or a credit note, as the Passenger chooses. If the Passenger is carried in a lower class than that booked, he has the right to a refund of the difference in the price according to the article 10.2 of the Regulation (EC) No 261/2004.

14.5.4

The financial compensation will be taken into account when deciding about further claim for damage.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

14.6 Cancellation

In case of flight cancellation Luxair offers assistance and ticket refund to the Passenger within the scope of Regulation (EC) 261/2004. If a financial compensation has to be paid the amounts mentioned in article 14.5.3 and the conditions of article 14.5.3 are valid.

Article 15 : Time Limitations for Claims and Actions

15.1 Notice of claims

If the Passenger accepts the Baggage delivered to the Passenger unconditionally, Luxair will take for granted as long as opposite is not proven, that it was delivered to the Passenger in good condition and according to the contract of carriage.

In the event of damage, delay or loss or destruction of Baggage, the Passenger must file a written complaint with the Carrier as soon as possible and at the latest within a period of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date on which the Baggage was made available to the Passenger. If a complaint is not filed within the time stipulated, all action against the Carrier shall be inadmissible, except in the event of fraud by the Carrier. If the complaint was lodged within the stipulated time limits of seven (7) or twenty (21) days and no conciliation has been reached between the Carrier and the Passenger, the Passenger may file an action for damages within two (2) years of the arrival date of the aircraft, or of the date on which the aircraft was scheduled to land.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

15.2 Limitation of Actions

Any right to damages shall be extinguished if an action is not brought within two (2) years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court.

For Passengers travelling on an itinerary operated by one of Luxair’s Code Share partner, article 2.3 applies.

Article 17: 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, the on board consumption of alcoholic beverages. Regulations and conditions concerning these matters are available from Luxair upon request.

Article 18: Headings

The headings of each article of these conditions 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.

Copyright 2014 Luxair S.A.

Successive air carriers and obligation to inform of the identity of the operating air carrier

16.1

Carriage performed by several successive Carriers, under a single Ticket or a Conjunction Ticket, is deemed to constitute, for the application of the Convention, a single carriage operation, where envisaged by the parties as being a single operation. The provision that covers this situation is set forth in Article 14.4.

16.2

Where the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive carriage, the Carrier shall only be liable for the portion of the carriage performed using its own resources.

16.3
In the event of destruction, loss, damage or delay of their Baggage, Passengers or their beneficiaries may file a claim against the Carrier that performed the carriage during which the accident or the delay occurred. Passengers may also file a claim against the first and last Carrier.

16.4

As per article 11.6 of the Regulation (EU) 2111/2005 of 14 December 2005, the air carriage contractor has the obligation to inform passengers of the identity of the operating air carrier.

Copyright 2014 Luxair S.A.