Passenger Rights

I. Regulation (EC) No 261/2004

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

Scope 

The Regulation applies to passengers:

• departing from an airport in the EU, and to passengers departing from an airportlocated outside the EU to an airport situated in the EU if the operating air carrier of the flight concerned is an EU carrier 
• who have a confirmed reservation on the flight concerned
• who present themselves for check-in,  except in the case of cancellation, as stipulated and at the time indicated on the ticket, or if no time is indicated, not later than 45 minutes before the published departure time
• who hold a ticket at a fare available to the public

Delay

Delays are taken into account in the following circumstances:

• a delay of four hours or more in the case of extra-Community flights of 3500 km and more
• a delay of three hours or more for intra-Community flights of more than 1500 kilometres and for all other extra-Community flights between 1500 and 3500 kilometres
• a delay of two hours or more in the case of extra- and intra-Community flights of 1500 kilometres or less

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

• meals and refreshments in a reasonable relation to the waiting time
• accommodation with transfer if necessary
• two telephone calls, or two telex / fax messages or two e-mails.

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

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

Denial of boarding

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

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

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

The right to care:

• meals and refreshments in a reasonable relation to the waiting time
• accommodation with transfer if necessary
• two telephone calls, two telex / fax messages or two e-mails.

The right to reimbursement or rerouting:

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

The right to financial compensation:

• for extra- and intra-Community flights of 1500 kilometres or less: €250 reduced to €125 in the event of rerouting to the final destination which does not exceed the scheduled arrival time of the flight originally booked by more than two hours
• in respect of all intra-Community flights of more than 1500 kilometres and for all other extra-Community flights between 1500 and 3500 kilometres: €400 reduced to €200 in the event of rerouting to the final destination which does not exceed the scheduled arrival time of the flight originally booked by more than three hours
• for all other flights: €600 reduced to €300 in the event of rerouting to the final destination which does not exceed the scheduled arrival time of the flight originally booked by more than four hours

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

The compensation voucher is increased as follows:

- Flights up to 1,500 kilometres: € 350 instead of € 250
- Flights between 1,500 kilometres and 3,500 kilometres: € 500 instead of € 400
- Flights with more than 3,500 kilometres: € 800 instead of € 600

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

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

Cancellation

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

• the right to care described under ‘Delay’ and ‘Denial of boarding’ 
• the right to reimbursement or rerouting described under ‘Denial of boarding’ 
• the right to financial compensation as described under ‘Denial of boarding’;

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

• the cancellation of the flight has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken (e.g.: political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings external to the air carrier, strikes or other collective action beyond the effective control of the air carrier,  air traffic management decisions).
• the passenger is informed of the cancellation at least two weeks before the scheduled time of departure
• the passenger is informed of the cancellation between two weeks and seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than two hours before the scheduled time of departure and to reach his final destination less than four hours after the scheduled time of arrival 
• the passenger is informed of the cancellation less than seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than one hour before the scheduled time of departure and to reach his final destination less than two hours after the scheduled time of arrival

Upgrading and downgrading

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

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

• 30% of the price of the ticket for all extra- and intra-Community flights of 1500 kilometres or less, or
• 50% of the price of the ticket for all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres, or 
• 75% of the price of the ticket for all flights outside the European Union of more than 3500 kilometres 

II. Submit a claim

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

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

Ministère de la Protection des consommateurs
Organisme national de contrôle luxembourgeois
National Enforcement Body (NEB) Luxembourg
Règlement (CE) n°261/2004

B.P. 119 L-2011 Luxembourg
E-mail: passagersaeriens@mpc.etat.lu 
 

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

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

III. Alternative Dispute Resolution

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

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

www.mediateurconsommation.lu

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

Alternative Dispute Resolution in UK and Germany:

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

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

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

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

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

• denied boarding, delays or cancellation of flights;
• the destruction, damage, loss or delayed transportation of baggage, or
• issues related to the carriage of disabled passengers or passengers with reduced mobility.