TERMS AND CONDITIONS « Luxair HighFive » PROGRAM

(hereinafter “General Terms and Conditions”)

Article 1 - General

1.1. These terms and conditions govern the relationship between you (the Member 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 Luxair’s loyalty program entitled "Luxair HighFive”, the purpose of which is to offer the Member a Reward depending the Level the Member has reached at the date the Member claims the Reward.

- The term “Level” refers to each of the tiers comprising the Program’s Rewards system, under the conditions and within the limits set out in Article 4 of these General Terms and Conditions.

- The “Reward” refers to the reward detailed in Article 5 of these General Terms and Conditions for each Level reached by the Member, subject to the Member fulfilling the Program's eligibility criteria as detailed hereunder.

- The terms “Valid Booking” refer to the booking meeting the criteria detailed in Article 4 of these General Terms and Conditions that will be considered for the calculation of the Level and the associated Reward.

- The term "Voucher" refers to the voucher offered by Luxair within the framework of the Program, to be used for the purchase of Luxair flight tickets and ancillaries within the limits and conditions as detailed hereunder.

Article 2 - Duration of the Program

The Program is effective from 29th April 2024 until 30th April 2025.

Article 3 - Membership of the Program

3.1. The Program is accessible to any natural person over the age of eighteen (18) who has a MyLuxair account (www.luxair.lu/en/myluxair).

3.2. To join the Program, you must activate the Program in your MyLuxair account (the “Member”).

3.3. 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.

3.4. Please note that the person having registered to the Program can only participate once to the Program.

Article 4 – Eligible bookings

4.1. The Program is built around several levels, which you reach by accumulating Valid Bookings (as further defined in these Terms and Conditions) over a rolling period of twelve (12) months or until the end date of the Program (the “Period”). Each set of five (5) made and used bookings collectively constitute one reward tier level of the Program (the "Level"). Each level reached is associated with a reward, as detailed in article 4 of these General Terms and Conditions (the “Reward”).

4.2. Only bookings that meet the criteria detailed in this Article (referred to as a “Valid Booking”) will be taken into account when determining the Level and the associated Reward.

4.3. Only bookings for Luxair flights tickets made and used during the Period will be registered and taken into consideration. Bookings with other tickets, such as flight + hotel package with LuxairTours, negotiable fares, staff tickets, tickets bought with Miles & More program and corporate tickets are not eligible for the Program.

4.4. When the booking loses its validity after the Period, the concerned booking will remains in Member’s bookings history but will no longer be considered for the Program, and will no longer be considered for the calculation of the Level. Consequently, the expiry of a booking may result in a downgrading to a lower Level when the number of bookings required for a Level is no longer reached.

4.5. The Members can manually exclude Valid Bookings from their Program via their MyLuxair account. Once a booking is excluded, such booking will not be considered for the calculation of the Level, and cannot be used to claim a Reward as per provisions of Article 4.2 herein.

4.6. For a Luxair flight part of a booking to be taken into consideration for the Program, the Luxair flight shall be purchased 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.

4.7. Without prejudice to the preceding paragraphs,

• (i) 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.

• (ii) Regardless of the booking dates, all Luxair flights flown within the Period can be taken into consideration under the Program.

• (iii) 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.

• (iv) If Luxair flight ticket was not purchased on the Luxair website through your MyLuxair account, the booking must be manually added to the Program. This manual addition must be completed by the Member, via his MyLuxair account.

• (v) For the Luxair flight booking 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 separately and individually to the Program in accordance with these General Terms and Conditions.

Article 5 – Rewards

5.1. If the conditions in Article 3 are met, and depending on the Level you have reached on the day you claim your reward in accordance with Article 4.2 herein, you will be eligible to receive a Reward.

5.2. To obtain your Reward, you must click on the "Claim Voucher" button in your MyLuxair application. The Level in which you are, and the associated Reward, are calculated on the basis of bookings meeting the conditions of the Article 3, on the day you press the "Claim Voucher" button inside your MyLuxair Account.

5.3. Depending on the level you are in when claiming your Reward via your MyLuxair account, you will receive the following Reward:

5.4. The value of the Voucher will be calculated on the basis of the lowest price of all five (5) bookings (collectively constituting a Level) purchased and used within the framework of the Program (the “Value”). In accordance with Article 3.5, point (v) herein, the Value of the Voucher will be based only on the price of the Member’s own Luxair flight ticket, not the Luxair flight tickets of the other people travelling with the Member.

5.5. When a Level is reached but the Voucher not yet claimed by the Member as per provisions of Article 5.2 herein, Member has ninety (90) days to claim Voucher from the first booking (constituting the Level) expiration date.

5.6. 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.

5.7. 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.

5.8. 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.

5.9. 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.

5.10. Voucher cannot be redeemed for the purchase of gift cards or other Voucher.

5.11. It is currently not possible to add Luxair’s travel insurance to your booking if you use your Voucher for payment.

5.12. 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.

5.13. 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).

5.14. You can use up to three forms of payment for one purchase, combining Voucher, gift card and any accepted credit card.

Article 6 - Fraudulent use of the Program

6.1. 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.

6.2. 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.

6.3. 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 7 - Modification, suspension and cancellation of the Program

7.1. 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.

7.2. 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.

7.3. The modification, suspension or cancellation of the Program does not give you any right to compensation.

Article 8 - 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 9 - Liability

9.1. 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.

9.2. 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.

9.3. 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.

9.4. Luxair does not accept any liability in the case that the email address of Voucher designated recipient is misspelled.

Article 10 - Miscellaneous

10.1. 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.

10.2.    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.

10.3.    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.

10.4.    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.

10.5.    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 11 - Applicable law and jurisdiction

11.1. The present General Terms and Conditions are subject to the laws of the Grand-Duchy of Luxembourg.

11.2. 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.