Terms & Conditions
TERMINOLOGY AND APPLICATION
“LuxAirline” or “Us” or “We” shall mean Luxairline Ltd, with address at 11 TH Floor, 88 Wood Street, London, EC2V 7RS.
"Booking" means a booking made by You or on Your behalf for the purchase of a Flight, and which is accepted by LuxAirline in accordance with these Terms.
"Booker" means the adult of at least 18 years of age who acts as agent for a Passenger in the Booking and makes the Booking in their own name or in their name and other Passenger’s names, including a large number of Passengers, and who undertakes the obligations set out in Articles 2.5 and 2.6.
“Carrier" means the flight operator holding a valid European AOC selected at sole discretion of LuxAirline depending of flight route.
"Confirmation Document" means the confirmation page, email from LuxAirline to You setting out the details of the Booking and any special terms and conditions applicable to the Booking.
“GTC” shall mean the following General Terms and Conditions of LuxAirline.
“Fare” or “Fares” means the amount paid or to be paid for the relevant flight (Planned Flight or Confirmed Flight) all included.
"Flight" means a single flight operated by the Carrier from one airport to another airport.
"Confirmed Flight" means the flight / route operated by the Carrier confirmed after Booking.
“Information Notice” means an email which gives information regarding the confirmation or cancellation of Booking.
“Planned Flight” means a flight with a defined route, time of departure / return. Planned Flight can be booked, but it will only be confirmed after Booking if the minimum number of passengers required is reached.
“Flight Ticket” means the document issued with name of Carrier, details of flight schedule, booking confirmation number and transport conditions.
"Passenger(s)” or “You” means any person or persons, except members of crew, carried or to be carried in an aircraft with LuxAirline and Carrier consent.
1. LUXAIRLINE DETAILS
1.1 LuxAirline is a global business providing instant online flight search services to users throughout the world via websites, apps and other platforms (the “LuxAirline Platforms”).
1.2 LuxAirline is not responsible for providing the flight services options or products which you may search for, find on and/or book via the LuxAirline Services or LuxAirline Platforms (“Flight Products”). All such Flight Products are provided by the Carrier and are subject to the General Flight Terms and Conditions, any additional terms and conditions imposed by this third party will be notified to Passenger after Booking.
1.3 The LuxAirline Services and LuxAirline Platforms are provided by LuxAirline.
2.1 These terms and conditions ("Terms") govern your access to and use of the LuxAirline Services and/or LuxAirline Platforms and constitute a legal agreement between You and LuxAirline. By downloading, accessing or otherwise using the LuxAirline Services and/or LuxAirline Platforms, you are confirming that you have read, understood and agreed to these Terms.
2.2 We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the LuxAirline Services and/or LuxAirline Platforms and you will be deemed to have accepted any amendments if you continue using the LuxAirline Services and/or LuxAirline Platforms after the amendments are displayed.
2.3 If you do not accept all of these Terms then you should not use the LuxAirline Services or LuxAirline Platforms.
2.4 Any order you place with LuxAirline for a Booking will constitute an offer to us on these Terms. If LuxAirline accept Your offer Our internal reservations system will create a Booking which is then sent to You as a Confirmation Document via an email for Your records. Once the Booking has been made in LuxAirline reservations systems, there is a binding contract in place between You and LuxAirline. Please check the Confirmation Document very carefully. If the Confirmation Document indicates any discrepancies or it is not what You think You ordered or if You do not receive a Confirmation Document after You believe You have completed Your Booking, please contact LuxAirline immediately.
2.5 When You make a Booking, We will ask You for a booking name to be known as the Booker. You have to be at least 18 years old to be the Booker and:
- accept these Terms on behalf of the Passengers named in the Booking;
- be responsible for receiving and relaying any and all communications/correspondence (including changes, amendments and cancellations) from Us or Our Suppliers concerning the Booking to all Passengers named in the Booking;
- where the booker is not a Passenger, You agree on request to provide Us with the contact details of the Passenger on the booking (email address) who will be contactable by Us for the purposes of advising disruption events including delays and cancellations;
- acknowledge that You have the consent of each Passenger to receive any refund and, where applicable, incidental expenses or compensation due and payable under the Booking. When a Booking is made by a third party (including booking systems), the third party (e.g. travel agent) will act as the Booker and undertakes all the rights and obligations of the Booker on behalf of the Passengers named in the Booking;
- acknowledge that any other Passengers on the same Booking may make subsequent changes to it, having passed through the requisite data protection security questions and confirmed to us that they have Your consent to make such changes. Acting in good faith upon the answers to our data protection security questions, We shall not be liable for having made such changes if, without our knowledge, Your consent had not been so given.
2.7 All the communication related to the Booking will be made via website and though the email address provided during Booking.
3. RESERVATIONS AND DOCUMENTATION
3.1 Booking will be done via LuxAirline website or LuxAirline Platforms. You can choose to book a Planned Flight or a Confirmed Flight.
3.2 Booking of Confirmed Flight can be done until 2 hours before the departure time. Immediately after Booking of Confirmed Flight You will receive the Flight Ticket to be showed at the Airport for the purpose of Airport Check and boarding.
3.3 On or after Booking of Planned Flight, in any case within 8 days before the departure time of Planned Flight, We will send by email an Information Notice with confirmation or cancellation of Planned Flight. If Planned Flight is confirmed You will receive the Flight Ticket to be showed at the Airport for the purpose of Airport Check and boarding. If Planned Flight is cancelled You can choose three different options:
- Cancel Your Booking. Fare paid at Booking will be immediately refund after cancellation.
- Pay an additional cost calculated as a difference between the original fare paid and the fare available to confirm the Planned Flight. With the Payment of the additional cost the Planned Flight is automatically confirmed and You will receive the Flight Ticket to be showed at the Airport for the purpose of Airport Check and boarding.
- Change the date(s) of Planned Flight. If You choose to change the date(s) LuxAirline will not provide any refund or compensation.
3.4 Only Passenger named on the relevant Flight Ticket will be authorized to perform the Flight. We will require Passenger to prove its identity during boarding procedure.
3.5 We do not accept minors or infant unless accompanied by an adult. ID requirements for Infants and Minors may vary from country to country. It is Passenger responsibility to ensure that all Infants and Minors are properly documented at the time of boarding. Owing to the risk of potential health damage, We recommend that newborn babies up to the age of 7 days should not fly.
3.6 Expectant mothers will be carried up to 4 weeks before the expected date of delivery without certification that the Passenger is fit to travel; Lux Airline is entitled to demand presentation of the woman’s antenatal medical record as proof that the pregnancy is not beyond the 35th week. Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery. The foregoing regulations also apply to the date of any return flight.
3.7 The transportation of animals is generally prohibited, unless separately requested and approved by LuxAirline in advance.
3.8 Booking made for a Flight is not transferable unless you have arranged with Us to change one or more names on the Confirmation Document / Flight Ticket.
3.9 All flights operate without allocated seating, Carrier will reserve 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.
4.1 Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include:
- ground transport services between airports and between airports and town terminals.
- parking fees for the Passenger’s vehicle;
- costs related with the procurement of personal entry and exit permits of the Passenger;
- individual special catering wishes.
4.2 Under certain circumstances customers transacting with payment cards on a cross-border basis may incur additional fees levied by their card issuer. Any query relating to these credit card fees should be taken up with the card issuer.
5.1 Fares, all taxes and, in relation to Your Flight, charges relating to Your Booking must be paid in full when the Booking will be made. If such sums have not been paid in full (or appropriate credit arrangements are not made with Us) when a Booking is made, We may at any time without notice prior to travel cancel the Booking. We reserve the right to process your payment otherwise than in real time. We may need to contact you in the event that the payment fails in order to request that you make payment.
5.2 The Fare will be payable by You if You fail to take Your Flight for which a Flight Ticket has been issued. If You inform us that you are unable to travel, we will cancel your flight and any refund will be in accordance clause 6 above.
6. USING THE LUXAIRLINE SERVICES
6.1 You may only use the LuxAirline Services and LuxAirline Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to access and use the LuxAirline Services and/or LuxAirline Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:
- use the LuxAirline Services and/or LuxAirline Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with LuxAirline;
- use the LuxAirline Services and/or LuxAirline Platforms for any commercial purpose or in any manner which may cause damage to LuxAirline or bring LuxAirline into disrepute;
- disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the LuxAirline Services and/or LuxAirline Platforms, except as permitted by law;
- copy, distribute, communicate to the public, sell, rent, lend or otherwise use the LuxAirline Services and/or LuxAirline Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the LuxAirline Services and/or LuxAirline Platforms;
- use or interfere with the LuxAirline Services and/or LuxAirline Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- introduce onto, or transmit via, the LuxAirline Services and/or LuxAirline Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
- remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the LuxAirline Services and/or LuxAirline Platforms or pass off or attempt to pass off the LuxAirline Services and/or LuxAirline Platforms as the product of anyone other than LuxAirline;
- use any automated computer program or application to scan, copy, index, sort or otherwise exploit the LuxAirline Services and/or LuxAirline Platforms or any part thereof.
- Where you sign up to any feature of, or use, the LuxAirline Services and/or LuxAirline Platforms that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.
- To the extent that any element of the LuxAirline Services and/or LuxAirline Platforms is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
7. SHARING INFORMATION WITH US
8. PRICE ACCURACY AND WARRANTY DISCLAIMER
8.1 Your use of the LuxAirline Services and/or LuxAirline Platforms is entirely at your own risk.
8.2 We provide the LuxAirline Services and LuxAirline Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the LuxAirline Services and LuxAirline Platforms (a) will always be available; (b) will meet your expectations; or (c) are secure or are free from errors, faults, defects, viruses or malware.
9. MAKING TRAVEL BOOKINGS VIA LUXAIRLINE
LuxAirline is not the Carrier and is not responsible for providing the flight services displayed via the LuxAirline Services and/or LuxAirline Platforms. Any Flight Products which you find and/or book via the LuxAirline Services and/or LuxAirline Platforms are provided by the Carrier. LuxAirline arranges your bookings with the Carrier but is not responsible and has no liability to you in respect of flights. The details of the Carrier will be specified at the time of ticket flight issuance.
The terms and conditions applicable to your booking with the Carrier are specified in the General Flight Terms, any additional flight terms of the Carrier will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The General Flight Terms will set out what rights you have against the Carrier and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable General Flight Terms. You acknowledge that breaching General Flight Terms could result in the cancellation of tickets or reservations, revocation of any benefits, and additional charges.
10. LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1 These Terms set out the full extent of LuxAirline's obligations and liabilities in respect of the LuxAirline Services and LuxAirline Platforms.
10.2 LuxAirline has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the LuxAirline Services and/or LuxAirline Platforms (including, without limitation, any Carrier). In the event that you encounter any problems with any booking you make or attempt to make via LuxAirline, you acknowledge that that issue will be resolved with the Carrier and that your sole remedy in such circumstances, including any refund, lies with the Carrier and not with LuxAirline.
10.3 To the maximum extent permitted by law, LuxAirline (together with its officers, directors, employees, representatives, affiliates, providers and third parties) does not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the LuxAirline Services and/or LuxAirline Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the LuxAirline Services and/or LuxAirline Platforms or any content contained provided therein.
10.4 Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, the LuxAirline Services and/or LuxAirline Platforms shall be limited to the sum of £100 (one hundred pounds Sterling).
10.5 Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
11. YOUR LIABILITY TO US
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the LuxAirline Services and/or LuxAirline Platforms or breach of these Terms.
LuxAirline may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. LuxAirline may suspend your use of the LuxAirline Services and/or LuxAirline Platforms without notice at any time, without incurring any liability to you whatsoever.
13. GENERAL PROVISIONS
13.1 You acknowledge that your unauthorised use of the LuxAirline Services and/or LuxAirline Platforms may result in irreparable damage and injury to LuxAirline or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the LuxAirline Services and/or LuxAirline Platforms.
13.2 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
13.3 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
13.4 These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the LuxAirline Services and/or LuxAirline Platforms.
13.5 Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
13.6 A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
13.7 Irrespective of the country from which you access or use the LuxAirline Services and/or LuxAirline Platforms, to the extent permitted by law these Terms and your use of the LuxAirline Services and/or LuxAirline Platforms shall be governed in accordance with the laws of England and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of London to resolve any disputes which may arise hereunder.
14. CONTACT US
If you require further information about LuxAirline or have any suggestions concerning how to improve the LuxAirline Services and/or LuxAirline Platforms, please contact us here.