General FLIGHT TERMS and Conditions
1 TERMINOLOGY AND APPLICATION
“Carrier” means the flight operator selected for the flight route.
“Cabin or Hand Baggage” which is equivalent to hand luggage and includes all personal items taken onboard by a Passenger and is any Baggage that is not Hold Luggage.
“GFTC” shall mean the following General Flight Terms and Conditions of Lux Airline.
“Flight Price” means the amount paid or to be paid for the relevant Flight and (where applicable) may include additional all fees, taxes and/or surcharges.
“Flight” means a single flight operated by the Carrier from one airport to another airport.
“Flight Ticket” means the document issued with name of Carrier, details of flight schedule, booking confirmation number.
“Hold Luggage” means Baggage which is stowed in the aircraft hold.
“Passenger(s)” or “You” means any person or persons, except members of crew, carried or to be carried in an aircraft with Lux Airline and Carrier consent.
2 APPLICABILITY, CHOICE OF LAW AND JURISDICTION
These GFTC apply only on those flights, or flight segments, where the name of the Carrier is indicated on the Confirmation/Itinerary for that flight or flight segment.
2.2 Overriding law
2.2.1 These GFTC are applicable unless they are inconsistent with applicable law in which event such law shall prevail.
2.2.2 If any provision of these GFTC is invalid under any applicable law, the other provisions shall nevertheless remain valid to the extent that the remaining provisions are capable of standing without the provision ruled invalid.
2.3 Governing law and jurisdiction
Except as otherwise provided by the applicable law, these GFTC shall be governed by and interpreted in accordance with the laws of Carrier’s jurisdiction and any dispute arising out of or in connection with this contract shall be subject to the Carrier’s Court jurisdiction.
2.4.1 These GFTC constitute a legal agreement between You and Carrier. By using Carrier services, you are confirming that you have read, understood and agreed to these terms.
2.4.2 We may amend these Terms at any time at our discretion. If these Terms are amended, we shall inform you and you will be deemed to have accepted any amendments if you continue using Carrier Services.
2.4.3 If you do not accept all of these Terms then you should not use Carrier Services.
3 RIGHTS AND OBLIGATIONS OF CARRIER
3.1 Carrier will provide an aircraft maintained and equipped in compliance with the statutory regulations, as well as a crew qualified and authorized to perform the flight.
3.2 Carrier shall be issue and/or obtain all documents and licenses required to perform the flight, excepting the passengers’ personal entry and exit documents.
3.3 Carrier shall provide a standard selection of beverages and snacks on all flights. Individual wishes will be provided on board with surcharge and subject to availability and / advance request. Because of the technical equipment of the fleet no hot meals can be offered.
3.4 Carrier shall be responsible for issuing a master ticket, which is provided by the respective crew prior to commencement of the flight, for all passengers and/or all the baggage and/or freight to be conveyed.
3.5 Carrier will convey a passenger only subject to his/her submitting complete and valid travel documents. Carrier shall be entitled to refuse conveyance if the entry requirements of the country of destination are not fulfilled, or if the specific carriage document cannot be presented.
3.6 Carrier may refuse and/or terminate prematurely the conveyance of a passenger and/or his baggage, in particular, if:
- the aircraft, another passenger, or objects on board are put at risk;
- the crew are hindered in exercising their duties;
- instructions of the crew, especially with regard to smoking or the consumption of alcohol, are not complied with conveyance is in breach of applicable laws, applicable regulations or requirements of the country of departure or destination, or the country that is crossed by the aircraft;
- the passenger refuses checks of his/her person or his/her baggage, if such checks are required for reasons of safety;
- the passenger cannot present and/or refuses to present valid travel documents;
- the Flight Price have not been paid;
- the passenger opposes the safety-related instructions of the crew;
- the passenger carries prohibited baggage with him/her.
3.7 For Safety and security reason, Carrier is entitled to change the route, flight schedule, seating capacity and maximum take-off weight if these are required under certain operational circumstances not caused by Carrier.
The pilot in command shall at all times be entitled to take all necessary measures for safety reasons. The pilot has the authority to decide with regard to Passenger’s seating as well as baggage loading, allocation/placement and unloading. The pilot decides whether or not and how the flight is operated, heshall be entitled to postpone and/or abort departure for reasons of external influences (“Force majeure”) such as bad weather, in particular, and to decide, when and where the aircraft is to land. The same applies if the behaviour or the physical or mental condition of a Passenger requires extraordinary assistance on behalf of Lux Airline´s crew.
Passenger hereby accepts all such decisions. Passenger agrees that when, in the reasonable view of Carrier or the pilot in command, safety or security may be compromised, Carrier or the pilot in command may decide to refuse to start or commence a flight, divert a flight or take other action necessitated by such safety considerations without liability for loss, injury, damage or delay.
Carrier will not accept liability for any damage incurred by the Passenger that may be caused by such a decision of the pilot in command or Carrier.
4 RIGHTS AND OBLIGATIONS OF THE PASSENGER
4.1 The Passenger shall be obligated to know these GFTC, and the Passenger shall make sure that the safety regulations contained herein are complied with.
4.2 The Passenger shall be obligated to provide Carrier with all information required to perform the flight (such as the passenger name and other information regarding baggage in particular) in due time in order to permit a timely issuing of the transport documents.
4.3 The Passenger shall bring the Flight Ticket for the purpose of airport security check and shall show the Flight Ticket to the crew at the time of boarding.
4.4 The Passenger shall be responsible for the correctness and completeness of the data provided, as well as for all damages caused by incorrect or incomplete data.
4.5 The Passenger shall be obligated to ensure to have the required travel documents prior to commencement of the flight.
4.6 The Passenger is responsible to observe the passport and customs regulations, the regulations of health authorities and all other pertinent laws and regulations in the countries where landing is envisaged.
4.7 Any costs and fines imposed as a consequence of non-compliance with these provisions, laws and regulations shall be borne by the Passenger, and Carrier shall be indemnified and held harmless in this respect.
4.8 All passengers on board of the aircraft shall follow the instructions of the crew.
4.9 Passenger shall appear at the airport in good time, but not later than 20 minutes before the scheduled departure, so as to ensure the timely departure and/or the use of a reserved slot.
4.10 The Passenger is responsible that no dangerous or prohibited baggage is taken on board.
5 BAGGAGE and freight
5.1 Passengers and their Baggage will be subjected to security screening at the airport.
5.2 To ensure that all the baggage can be taken on board, Passenger shall observe the following baggage limit per person:
- one piece of Hold Baggage with the maximum dimensions of 56x45x25cm with a maximum weigh of 10kg.
- any handbag, briefcase and/or laptop bag must be carried as Cabin Baggage within the allowance of one permitted piece of Cabin Baggage. Due to restrictions on available space in the aircraft cabin on busy flights, Carrier reserves the right to place any Cabin Baggage in the hold;
- an overcoat, shawl, umbrella or walking stick and one bag of goods purchased after You have cleared the security screening point at the departure airport may also be carried in addition to the allowance of one item of Hold Baggage.
5.3 It is at the discretion of Carrier to additionally lower the above mentioned baggage limit, if this should be necessary for reasons of safety and/or for legal reasons because of the number of passengers or of the flight to be performed.
5.4 Carrier may also refuse to carry the baggage if for the Baggage in excess or extra-size Baggage.
5.5 The transportation of larger or heavier pieces of baggage, baby strollers, any sports equipment or musical instruments than above specified will be accepted only if they are of the same size as the hold baggage.
5.6 Carrier shall be entitled to use the part of payload not utilized by Passenger or its own purposes.
5.7 The transportation of animals is prohibited.
5.8 The transportation of hazardous material is prohibited.
5.9 The Customer, as well as all passengers of the aircraft, are not allowed to take along the following objects:
- Objects that might endanger the plane, equipment on board, or people. This includes, in particular, explosives, compressed gases, oxidizing, radioactive, caustic or magnetizing material, highly flammable material, toxic or aggressive materials, and also all kinds of liquid substances, i.e. all objects or substances that are classified as hazardous material according to the provisions of the dangerous goods regulation;
- Objects that are not suitable for transportation because of their weight, size or nature;
- All kinds of weapons, especially fire arms, cutting or thrust. Weapons, as well as containers under gas pressure that might be used for purposes of attack or defense;
- Electronic devices shall be switched off or in flight mode if available before departure and landing.
6 SPECIAL ASSISTANCE
Passengers with disabilities or reduced mobility are not refused carriage on the basis of such disability or reduced mobility. Acceptance for carriage of young persons travelling alone, incapacitated persons, pregnant women, persons with illness, blind or visually impaired passengers or other people requiring special assistance is subject to specific prior arrangement during the Flight booking process.
7 NON-PERFORMANCE OR DELAYS
7.1 The scheduled times of departure and arrival are determined in the Flight Ticket. Such times are approximate times. Carrier does not guarantee adherence to these times, and it reserves the right to deviate from the specified times, if circumstances for such deviation are beyond the control of Carrier, or if this is necessary for reasons of safety.
7.2 In the event of delays that are caused by reasons for which Carrier is responsible, Carrier shall be entitled to use other means of transport to convey passengers and baggage and/or freight at the expense of Carrier, or to accommodate them until the flight is performed.
7.3 In the event that the scheduled departure is delayed by more than 20 minutes because of the delayed arrival of Passenger and/or because of missing or incomplete travel documents, the Passenger shall be obligated to bear any extra costs arising because of the delayed performance of the flight. In case of delays of more than 20 minutes, Carrier shall be additionally entitled to cancel the flight or perform the flight without the Passenger, and to claim any cancellation fees. In case of Passenger delay, Passenger will not be entitled to any refund.
7.4 Carrier aims to enable changes of destinations desired by the Passenger even at short notice; however, there is no right to demand such changes.
7.5 In the event that the destination airport cannot be approached for reasons of weather or for reasons that are beyond the control of Carrier (“Force majeure”), landing at the alternative airport will be performed upon Passenger authorization. Delays caused by such an event (“Force majeure”), have no effect on the contractual fulfilment and thus do not constitute any liability of Carrier.
7.6 Also in the event that the departure airport cannot be approached for reasons of weather or for reasons that are beyond the control of Carrier (“Force majeure”), an alternative airport will be used upon Passenger authorization. Delays caused by such an event (“Force majeure”), have no effect on the contractual fulfilment and thus do not constitute any liability of Carrier.
7.7 Notwithstanding point 7.5 and 7.6 and article 7. in the event of non-performance or delay caused by any circumstances whatsoever beyond the reasonable control of Carrier including, but not limited to, the actions of third parties, labor difficulties, force majeure (including but not limited to inclement weather) or technical breakdown or accident to the Aircraft or any part thereof or any machinery to be used in relation to the Aircraft, Carrier shall use its reasonable effort to perform or continue the Flight Schedule but otherwise shall have no liability to Passenger for such non-performance or delay and any time so lost shall not count in computing demurrage unless the Aircraft is already on demurrage. Notwithstanding the foregoing the Passenger shall be liable to pay Carrier such portion of the Flight Price as shall be proportionate to that part of the Flight Schedule which has been performed together with all passengers’ expenses and any additional charges pursuant hereto.
8.1 Liability in connection with the carriage of Passengers, freight and baggage inside and outside the European Community is subject to the liability restrictions of EC Regulation No. 2027/97 of 9 October 1997 as amended by EC Regulation No. 889/02 (“EC Regulation 2027/97“), the Convention for the Unification of Certain Rules of International Carriage by Air of 28 May 1999 (“Montreal Convention”), or the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air of 12 October 1929 as amended by the Hague Protocol of 28 September 1955, depending on whether the case involves national or international carriage as defined in the Warsaw Convention or Montreal Convention or the Guadalajara Convention 1961.
8.2 Carrier will accept liability only for damage occurring during conveyance.
8.3 Carrier liability for passengers and their baggage
8.3.1 Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 Special Drawing Rights ("SDRs") the Carrier cannot contest claims for compensation. Above that amount, the Carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
8.3.2 Advance Payments
If a passenger is killed or injured, the 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.
8.3.3 Baggage Delays
In the case of baggage delay, the Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs.
8.3.4 Delay, Loss or Damage to Baggage
The Carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
8.3.5 Claim Time Limits for Delayed, Lost or Damaged Baggage
The reporting of damage/misplaced baggage at your arrival airport does not represent a claim to Carrier and therefore it is necessary to also make a claim directly.
8.4 The liability of Carrier shall be excluded, in particular, for:
- damage caused by third parties;
- all kinds of damage, costs and expenses incurred by the Passenger because of non-performance on the part of Carrier, unless such damage and/or expenses have been caused by gross negligence or with intent;
- indirect and consequential damage, for which reason whatsoever.
8.5 Carrier will not accept any liability for damage (especially loss of income and/or loss of profit as well as other pecuniary loss) incurred as a consequence of delays or non-performance caused by force majeure, bad weather conditions or third-party instructions, provisions or regulations that have made the performance of the flight impossible for reasons of safety.
8.6 Carrier will not accept any liability for damage (especially loss of income and/or loss of profit as well as other pecuniary loss) incurred as a consequence of delays of passenger, baggage or freight conveyances, or the required approach of alternative airports, unless such damage has been caused by Carrier grossly negligent or wilfully.
8.7 Carrier about any injury of passengers or damage to the baggage that occurred during conveyance by Carrier, shall be immediately notified to Carrier but not later than immediately after finishing conveyance. In case of non-compliance with this reporting requirement, Carrier will not accept any liability.
9 PAYMENT AND CANCELLATION
9.1 The Flight Price shall be paid during flight booking process.
9.2 In the event that the Passenger has not paid the full Flight Price prior to commencement of the flight, Carrier shall be entitled to cancel the Flight of the Passenger and to keep and/or levy a cancellation fee.
10 DATA PRIVACY REGULATIONS
10.1 The Passenger acknowledges that the personal data provided may be used by Carrier for the purposes of booking of flights, issuing of tickets, and provision of board service, payment transactions, safety and immigration purposes, administrative purposes, statistical records, customer relations, as well as marketing purposes of Carrier. The Passenger may revoke such use of the data for the above mentioned purposes at any time in writing.