GENERAL CONDITIONS OF CARRIAGE LUXWING LTD
Article 1. Definitions Airline Company
An agent that has been authorized by the airline company and is selling tickets to passengers on the airline company’s flights.
Indicates the objects, personal effects and other goods in the possession of the passenger, which the same can wear, use or which, in any case, needs for comfort or usefulness in relation to the trip. Unless otherwise specified, the definition includes both checked and unchecked baggage. The animal accompanying the passenger is also considered baggage.
Indicates the Baggage given in custody to Luxwing for its transport in the Hold of the aircraft and on which the Baggage Identification Tag is affixed.
Means any other Passenger Baggage other than Checked Baggage.
Baggage identification tag
The document printed by the airline company for identifying checked-in baggage.
A part of the baggage tag that the passenger receives as a receipt for checked-in baggage.
The deadline set by the airline company where the passenger must have completed check-informalities and, if applicable, received a boarding pass.
One or several international rules to the extent that they would be applicable for this agreement. For example, Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28, 1999
Including death, personal injury, loss, partial loss, theft or other damage that may occur due to or in connection with carriage.
Electronic or telephone ticketing
Issuing of the airline company or on behalf of the airline company, a ticket, made through apassenger’s reservation via Internet or telephone.
Unusual and unpredictable event beyond the control of the Company whose consequences cannot be avoided despite all possible countermeasures.
Hand baggage / Cabin baggage
All baggage that has not been checked-in and considered un-checked.
A document or documents issued by the airline company to the passenger containing thepassenger’s name, travel plans and information.
Means any natural person, not part of the flight or cabin crew of the flight in question, transported or to be transported on an aircraft with the consent of Luxwing, normally against payment of a fee, the whose name appears on the Ticket.
Regular transfer stop
Airports, except departing and arriving airport, defined in the passenger’s ticket or in the airline company’s timetable as transfer stops on the passenger’s itinerary.
Is the unit of account created by the International Monetary Fund in order to have a single and homogeneous currency for international commercial transactions, the value of which is reported in major financial newspapers and on the Internet.
The published fare, charges and/or Conditions of Carriage belonging to the airline company thathave been registered with the authorities in the countries where this is necessary.
Indicates the document issued by Luxwing or, in its name and on its behalf, by authorized agents, also in electronic format, which confirms the conclusion of the transport contract and legitimizes the use of the transport service by the Passenger.
Disembarkation, requested by the passenger and accepted in advance by the Company, during a stopover between the departure point and the final destination.
Article 2. Applicability 2.1 General
The transport conditions apply only to flights operated by the Company and are shown on itineraries, paper and electronic tickets. Except for article 2.3 the conditions of carriage apply to all passengers and baggage carried by the Company, as well as to other services provided by the Company, for a fee or otherwise regulated. The conditions of carriage integrate the rules of the Company and the applicable regulations.
2.2 Overriding law
These conditions of carriage apply only when they do not conflict with applicable rules, regulations or laws. If one of these conditions of carriage is not applicable because it has been superseded by applicable rules, regulations or laws, the other provisions still remain valid.
2.3 Conditions prevail over regulations
In the event of a conflict between these conditions of carriage and other Company rules, the conditions of carriage have priority. The present GTC they cannot be modified, replaced or canceled by any agent, agent, employee, representative or person in charge of Luxwing. If the transport is carried out on the basis of a rental agreement (charter) as part of an “all inclusive” tourist package, these GTC apply only if this is provided for in the rental agreement itself or in the Ticket.
2.4 LUXWING HQ
15 Mannarinu Road BKR9080 Birkirkara Malta – Europe
Article 3. Tickets 3.1 General provisions
a) The Ticket constitutes proof of the air transport contract stipulated between Luxwing and the Passenger who owns it. Luxwing will provide the air transport service exclusively to the Passenger (s) indicated in the relevant Ticket.
b) Transportation can only be accepted by the ticket holder. The Company will offer transport exclusively to the ticket holder. Passengers may be required to provide their own valid and appropriate identification. All passengers must identify themselves at the check-in and boarding counters with an appropriate valid identity document. The booking is personal and cannot be transferred to others. The Company reserves the right not to carry passengers who do not provide appropriate identification. The passenger must bring with him the documents required to reach the destination, for example: passport, credit card with photo identification, driving license, other document issued by an institutional body or a visa. Parents or guardians of children traveling alone must show proof of identity. The requirements (age, residence, and so on) that may be required to benefit from dedicated or special rates may be verified by Luxwing at any time and must exist at the time of boarding the flight (s). If the absence of any of these requirements is verified, the Passenger will be required to pay the difference between the fare purchased and the one available at the time of departure for the same booking class. Passengers traveling with children under the age of 2 must show the child’s birth certificate if required. If the passenger cannot provide proof of identification of the child, the Company may refuse the carriage. In this case all complaints will be rejected
c) If the passenger has lost or forgotten the booking documents, it is possible to contact the airport check-in staff. Printing of the reservation is not necessary for acceptance. It is important that the passenger has made a note of the reservation number. In any case the reservation must be valid for the specified departure for the transport. Luxwing may refuse the carriage if the Passenger’s identity documents are invalid for any reason or if they are presented by a person other than its holder, or if the Passenger has obtained the Ticket in violation of the current tariffs or if the latter is presented by a person other than its owner.
d) Luxwing will not be liable to the person entitled to transport or reimbursement if, in good faith, it carries out the transport or makes the reimbursement in favor of anyone who, while presenting the Ticket, is not the legitimate holder.
Article 4. Voluntary disembarkation
The airline can authorize passenger disembarkation during transfer stops; if local authorities and/or the airline’s general terms allow.
Article 5. Fares, taxes, fees, and charges 5.1 General
Unless otherwise specified, fares refer only to transport between the airport of origin and the airport of destination. Fares do not include ground transportation between different airports or different terminals of the same airport. Fares are determined in accordance with the fares available at the time of booking the trip with specific date and time. Changes of itinerary can change the fares.
5.2 Valid fares
Valid Rate is a rate available at the time of booking. Fares may vary according to the number of seats available for each fare category. The Company does not guarantee the availability of fares in each category.
5.3 Taxes, fees, and charges
Existing taxes, fees and charges imposed by public authorities and airport authorities must be paid by the passenger. The passenger will be informed about taxes, fees and charges that are not included in the ticket fare at the time of booking.Taxes, fees and charges imposed on transportation may vary prior to travel and may therefore be required after the ticket has been sold and issued. In this case, the passenger will have to pay the difference in fare between the date the reservation was purchased and the travel date. If taxes, fees and charges are removed or reduced on the date of travel, by contacting the Company, the passenger is entitled to a refund. The Ticket purchased by the passenger is valid only for the segment or segments indicated on the Ticket itself, from the point of departure to the point of destination. The fare paid by the Passenger refers to the carriage as indicated on the Ticket. The fare and the relative rule are an integral and essential part of the air transport contract. If the Ticket includes a series of sections, the same must be used in the sequential order provided. However, only for tickets sold in Italy through the Company’s website www.luxwing.com or its authorized agents for Italy, in the event of non-use, for any reason, of the outbound flight (or part of the flight one way) the request to maintain the validity of the ticket for the return flight only can be accepted only if previously communicated to Luxwing, within the times specified below:
• within 24 hours following the departure time of the unused outbound flight;
• if the departure time of the return flight is within 24 hours of the outbound flight, the above communication must be received at least 2 (two) hours before the departure of the aforementioned return flight.
The Company will issue a new ticket for the modified itinerary, for which it will be necessary to carry out check-in operations on the site (if available) or at the airport. If the Passenger does not make the aforementioned communication, or makes it after the deadline indicated, Luxwing, where there is availability of seats on the return flight, reserves the right to request payment of an amount equal to the difference between the price paid for the previously purchased ticket and the price corresponding to the highest fare available in the same travel class / compartment, applicable to the changed itinerary at the time the ticket is reissued, unless the fare rules applicable to the original ticket are more favorable for the Passenger.
Ticket fares and taxes must be paid in the currency that the Company makes available at the time of booking.
6.1 Reservation terms
All personal information received by the Company is used only for the purchase of the ticket and to organize special procedures and services for disabled people or to satisfy other special requests. The passenger grants the Company . the right to store and use this information and to send it to authorized operators, competent authorities and other companies or offices that provide the services mentioned above. Passenger personal information will not be used for commercial purposes, unless expressly authorized by the passenger.
a) Tickets will be confirmed and will only be valid after payment has been made. If the payment is not finalized within the time limit set by the Company or by the authorized entities, the Company may cancel the booking.
b) Ticket fares are based on rules that determine whether the reservation can be changed or canceled. Ticket fares and terms are applicable at the time the booking is made. The limits or fees for changing or canceling a ticket will be communicated to the passenger at this stage.
All Luxwing flights operate with assigned seating. Luxwing reserves the right to assign or reassign seats on the aircraft at any time, even after boarding, for operational and safety reasons.For Passengers wishing to purchase a seat, online check-in is available from 24 hours before the scheduled flight date up to 2 hours before departure. For Passengers who do not purchase a seat, online check-in is available from 24 hours and up to 2 hours before departure and they will be allocated a seat free of charge. All Passengers, for all flights, both at the airport security checks and at the boarding gate, must show a valid travel document bearing the same identification data as appear on the Boarding Pass. Any omissions of names and / or surnames or typing errors may result in denied boarding by the company without the right to a refund.
6.3 Reservation cancellation
Unused tickets are no longer valid and are non-refundable. Taxes, fees and charges will be refunded upon request. Passengers wishing to change the itinerary or another element of the air transport contract must, provided that such change is provided for by the applicable fare rule, give notice to Luxwing within the deadline set by the fare rule itself within 3 months of the scheduled flight.
Article 7. Check-in and boarding
a) The Check-in Deadline for the check-in of passengers varies according to the airport. Therefore, the Passenger is required to inform himself of the time limits in force and to respect them. In any case, Luxwing or its authorized agents will provide the Passenger with an indication of the time limit for the check-in of the flight indicated on the Ticket.The Passenger must complete the check-in operations, within the Acceptance Time Limit for boarding indicated by Luxwing in order to allow for the completion of all administrative and boarding formalities. Passengers who show up at the boarding gate after the deadline for boarding acceptance will not be boarded and the relative Ticket will not be refunded. To travel on a subsequent flight, the Passenger must make and pay for a new booking.
b) Particular indications or timing may be provided for special categories of Passengers, such as, by way of example, persons with reduced mobility, minors under the age of two (2) years, unaccompanied minors or those traveling with an animal. . These times will be communicated to the Passenger by e-mail or text message to the e-mail address or telephone number provided at the time of booking by the Passenger or by the intermediary who makes the reservation on behalf of the Passenger
c) Smoking is prohibited on board Luxwing aircraft. Violation of this prohibition will result in the payment of the penalties provided for by law, without prejudice to Luxwing’s right to take action for compensation for damage suffered. The ban on smoking on board aircraft is also extended to electronic cigarettes.
d) Luxwing will not be liable to Passengers for any damage, cost or penalty resulting from their failure to comply with the previous articles
e) All non-EU / EEA citizens Passengers must have their travel documents checked at the check-in desk in order to verify the existence of any formal requirements for entry into the country of destination before proceeding with the issue of the Boarding pass.
7.2.1 Connecting flights
LUXWING is a point-to-point airline. Bookings made in the LUXWING ticketing system do not include connecting flights and there is no acceptance for destinations other than those indicated in the LUXWING booking. For connecting flights, it is recommended that you allow sufficient time to collect your checked baggage and check into the new flight.
7.2.2 Online check-in
You can check in online via the LUXWING website. You can print your boarding pass yourself and, if you are traveling with hand luggage only, you can proceed directly to boarding.
7.3 Identification documentation
All passengers must present a valid identity document upon check-in and boarding. The booking is personal and cannot be transferred to others. LUXWING reserves the right not to board passengers who cannot show a valid identity document. The passenger must always bring the necessary documentation for the countries in which he travels. This includes, for example, the passport and visa. Parents or guardians of children traveling alone must present their own valid identity document.
7.4 Submission beyond the permitted terms
If the passenger does not show up at the departure desk of the Company (for example at the boarding points) within the established terms, the ticket will be canceled. The flight will in no case be delayed and the passenger will be denied boarding. The Company is not responsible for any losses or expenses that the passenger will have to face for non-compliance with the terms stipulated in this article.
Article 8. Denied or limited transportation 8.1 The right to deny transportation
The Company may, at its discretion, deny the carriage of passengers or baggage if the Company has informed the passenger in writing that it will not accept it on its flights. In this case the passenger will be offered a refund. The Company may also deny the carriage of the passenger or baggage if one of the following conditions should occur, or if the Company has reason to believe that it could occur:
a) These actions are necessary to adhere to laws, instructions and other terms stipulated by public authorities.
b) Transportation of the passenger or baggage that could compromise other passengers and/or crew safety and health.
c) Transportation of the passenger or baggage could be inconvenience to other passengers and/or crew.
d) The passenger’s behavior, age, mental or physical health, including the influence of alcohol or narcotic substances, that may cause danger or risk to the passenger or other passengers, crew or aircraft, or requests for special assistance the airline company is unable to provide.
e) The passenger’s behavior on previous flights and the airline company has reasons to believe that such behavior may occur again.
f) The passenger has refused to comply with airport security regulations.
g) The passenger has not made payment for valid ticket fares and taxes.
h) The passenger is not holding a valid travel document, and the passenger’s purpose is to destroy these during flight or refuse to deliver the travel documents upon crew request.
i) The passenger presents a ticket or reservation obtained illegally or has been purchased from another airline company or its authorized agents, or is reported lost or stolen, is a forgery, or the passenger is unable to prove that his/her’s identity matches the name on the ticket or reservation.
j) The passenger refuses to comply with the airline company’s safety instructions.
k) The passenger has on any former occasion refused to comply with any of
the actions mentioned above. In cases mentioned above, a written warning will not be necessary, and the airline company will cancel the reservation without any responsibility for refunding the ticket or any other expenses.
8.2 Special requests and needs
There may be special requests or needs, for example: passengers requiring a wheelchair, children traveling alone, passengers wishing to carry a pet or who need general assistance. All requests and special needs must be notified to the Company within 48 hours prior to departure. A specific fee applies for the transport of pets
8.2.1 Reservation of special requests and needs
If you intend to travel with LUXWING and require assistance with a wheelchair, transport of animals or other needs, you must complete the online booking and then contact LUXWING by telephone. If possible, within our operational limits, we will confirm the request. In the event that such requests are made immediately after booking, if the request is not confirmed, there will be an opportunity to cancel the booking and obtain a full refund.
8.2.2 Electrical wheelchairs
We accept electrical wheelchairs provided that they have a dry cell battery that is approved for air transport. Please contact LUXWING for more information.
The following rules apply to pregnant passengers traveling with LUXWING:
– From 1st to 28th week of pregnancy: no restrictions.
– 29th to 32nd week of pregnancy: the passenger will be accepted as long as a doctor’s note is produced stating that she is fit for travel.
– From the 33rd week of pregnancy onwards: travel is not allowed. For additional questions please contact LUXWING .
Infants can only travel with an adult and it is only allowed to bring one infant per adult. Infants (children under the age of 2) are to sit on the lap of the adult. The infant will not be assigned a seat of its own. The adult will receive a special extension belt for infants. The seatbelt is to be fastened when advised. On LUXWING flights is not allowed for the infant to use an infant car seat during take-offand landing. LUXWING will allow a maximum of 3 infants per departure.
8.2.5. Children and children traveling alone (UM)
A UM (Unaccompanied Minor) is a child between the age of 5 and 11 that is traveling without the accompaniment of an adult (person at least 16 years of age). LUXWING applies the following rules for children and children traveling alone:
Under five years of age
Cannot travel alone. Must travel together with a person who has reached his 16th birthday. This results in one child ticket and one adult ticket.
From the age of five and until their 12th birthday
Can travel unaccompanied – there will be personnel that will care for the child from check-in until the child is collected by an agreed-upon adult at the destination. On all LUXWING routes there is a fixed individual UM-price.
For ticket reservations for unaccompanied minors where care is desired or required please contactLUXWING . These tickets cannot be reserved online and are subject to availability due to a limited number of UM accepted per departure.
Please note that children travelling as unaccompanied minors are to check in no later than 1 hour prior to scheduled departure. At check in you are to fill out a form about the child with contact details for the child, the person sending and the person picking up the child upon arrival. The child will carry a copy of the completed form during the entire travel period. See more on www.luxwing.com
Article 9. Baggage
9.1 Items not allowed as baggage:
The passenger cannot include the following items in their baggage:
1) Items the carriage of which is prohibited under laws, instructions and conditions dictated by the states from which the carriage originates or ends or from one of the states which are flown over..
2) Items which, at the Company’s discretion, are not suitable for transport as they may compromise safety or are not suitable for transport due to weight, size, shape, fragility or perishable nature.
3) Live animals, except as described in article 9.10.
4) Firearms and ammunition, including sporting and hunting rifles, are prohibited in the cabin. In general, no type of firearm other than sporting and hunting rifles and ammunition is accepted as checked baggage. Weapons must be safely loaded, unloaded and packed. The trigger mechanism must be detached and packaged separately. Transportation of ammunition is subject to the ICAO and IATA Dangerous Goods Regulation.
5) The passenger may not place fragile, perishable or valuable items in the hold baggage, such as laptops, jewelry, precious stones, money, confidential documents, folders and briefcases with alarm installed, medicines, medical reports or identification documents.
6) It is forbidden to carry replicas of firearms, daggers, knives and other offensive-looking objects as hand luggage; these items will be accepted as checked baggage
7) If the items referred to in article 9, even if prohibited, are part of the passenger’s baggage, the Company will not be responsible for their loss or damage.
8) By way of example only, special baggage includes sports equipment, strollers, baby carriages, car seats, first aid equipment and weapons, which must be carried in a hard case.
Damage to the contents of the baggage (without damage to the hard case itself) is not covered by the airline.
9.2 The right to deny transportation
a) The Company will deny the carriage of any items described in Article 9.1 and may also deny the carriage of such items if these are discovered during the journey.
b) The Airline will refuse the carriage of baggage of any size, shape, weight, content or other characteristics which make the item unsuitable for carriage on an aircraft.
c) The Company will not accept baggage that has not been properly packed in a special wrapping or container, so that it can be guaranteed that the item reaches its destination intact.
9.3 The right to perform safety control
The airline company may request a security inspection of the passenger’s baggage due to safety reasons or request the airport authority to perform a body search. If the passenger is unable to be present during the safety inspection of the baggage the airline company may perform the security inspection of the baggage to make sure that the passenger is not carrying items described in article 9.1.
9.4 Right to deny boarding in case of refusal of control
If the passenger denies the security inspection request the airline may deny carriage of the passenger and baggage.
9.5 Checked-in baggage
a) When the baggage is being delivered to the airline company for check-in, the airline company will take care of your baggage and issue a baggage tag for each piece. The passenger is responsible to make sure that receives the correct amount of baggage receipts.
b) The passenger is obliged to attach a tag that contains at least name and address, inside and outside
c) Checked-in baggage will be transported on the same flight as the passenger .
9.6 Baggage allowance
The Checked Baggage, whether free or in excess, is carried on the same aircraft as the Passenger, unless this is impossible for safety or operational reasons. In such cases, Luxwing will undertake to carry such baggage on the next useful flight and to return it to the Passenger.
9.7 Hand baggage
a) Baggage carried on board as hand baggage must be of such size and weight that it can be placed in one of the overhead bins in the cabin or under the seat in front of the passenger. Items that the Company deems oversized or excessive weight will not be accepted in the cabin and must be checked in as checked baggage.
b) Items that cannot be transported in the holds of the aircraft (for example fragile musical instruments) will be accepted in the cabin only if the Company has been notified in advance and has approved the transport. Specific surcharges apply for the transport of these items.
9.8 Pickup and delivery of checked-in baggage
a) The passenger must pick up his/her own baggage as soon as
it possible at the destination or transfer airport. If the passenger is unable to pick up his/her baggage within a reasonable time the airline company may apply storage fees. If the passenger’s baggage is not collected within 3 month safter arrival the baggage will be removed without any responsibility to the passenger.
b) Only the person who can show a valid baggage receipt has the right to claim checked-in baggage
c) If the person who wants to claim the checked-in baggage is unable to show a valid baggage receipt or is unable to identify the baggage with a baggage tag, the airline company will only deliver the baggage if the person can in some way prove that he/she is the rightful owner of the baggage.
a) The airline company accepts live animals (i.e. cats and dogs) for transportation in the aircraft’s cargo holds according to existing terms.
b) The animal (dog or cat) must be placed in an IATA-approved travel box or bag. This box must be waterproof and the bottom of the box or bag must be covered by a water- absorbent mat of the same size as the box or bag. For transport of animals in the cabin the travel box or bag may have a maximum weight of 8 kg including the animal. Valid health and vaccination certificates, import permits and any other relevant documents required by the country of entry or transit country must be available for inspection.Animals will only be accepted if the airline has been notified in advance.
c) If the animal, including box and food, is accepted as baggage, it is not to be included in the passenger’s baggage allowance. Additional overweight charges apply for any transportation of animals.d) Guide dogs in the company of hearing-impaired passengers or passengers with poor eyesight, including their kennel and food, will be accepted for transport without additional charge in addition to the passenger’s baggage allowance if the airline company has been notified in advance.
e) The passenger is fully responsible for any damage, loss, illness or death of animals accepted for transport unless the airline company has behaved negligently. The airline company is neither responsible for any fines/charges, expenses or loss incurred in the event that animals are refused entry to a particular country. These expenses are the responsibility of the passenger.
f) If it is evaluated that the animal is a disturbance to other passengers the airline can deny carriage of the animal and the passenger.
g) If there are personnel or passengers on board the desired departure that are allergic to the transported animal, the accompanying passenger and animal will be asked to disembark and will be rebooked to the next available flight with no fees applied.
Article 10. Timetable and cancellations Timetable
10.1 The airline company will do its best to transport both passengers and baggage in the most suitable way. The airline company will also do its best to follow the published timetable valid for the day of travel.
Flights in the airline company’s published timetables are not guaranteed and changes can be made between the date the timetable is published and the passenger’s date of travel. The airline reserves the right to change the time of departure up until the scheduled time of departure and cannot be held responsible for delays caused by unusual circumstances.
a) The Company will carry out the transport within the agreed time and manner. In any case, the regularity and punctuality of flights are subject to a series of factors independent of the company, such as weather conditions, airport air traffic restrictions, control tower waiting (ATC), strikes, and so on. These factors can determine the variation and, in the most serious cases, the rescheduling or cancellation of the flight. Without prejudice to the rules governing the obligations of assistance and any liability of the company in relation to individual cases that may occur, Luxwing will inform passengers of any flight changes as soon as possible and will do everything in its power. to alleviate the inconvenience of its passengers. The passenger is required to provide Luxwing with the contact details, telephone numbers and e-mail addresses to which the Company can make communications relating to any flight changes.
b) In the event of delay, cancellation, denied boarding (so-called overbooking) and accommodation in a lower class (so-called downgrade), Luxwing will apply the international, community and national regulations in force, in particular Regulation (EC) no. 261/2004. These rules are not an integral part of the air transport contract and are subject to changes over time by the competent legislative and regulatory body from time to time.
Article 11. Refunds 11.1 General
If the Company is unable to carry the passenger, a refund will be granted based on this article and its rules. All refund requests must be sent to LUXWING by email. A ticket can be refunded only if connected to a confirmed booking, compliant with the rules and conditions of the Company on the date of purchase and is subject to refund
11.2 Recipient of refund
a) Unless otherwise specified, the Company will refund the person whose name appears on the ticket or the person who paid the payment if it is able to present satisfactory evidence.
b) If a ticket has been paid for by a third party, other than the person whose name appears on the ticket, the Company will refund the ticket only to the person who paid the payment or based on the latter’s authorization.
11.3 Refunds due to cancelled flights
If the airline company cancels a flight or is unable to offer an earlier confirmed seat, the refunded amount will be as follows:
a) If no parts of the ticket have been used, an amount according to the ticket’s fare
b) If parts of the ticket have been used, the refund shall not be smaller than the difference between the ticket’s total fare and the fare for the part of the ticket that has already been used.
11.4 Voluntary refunds
If you are entitled to a refund for reasons other than described in article 11.3, the refunded amount will be as follows:
a) If no parts of the ticket have been used the refunded amount will be according to theticket’s total fare, excluding administration taxes and cancellation charges.
b) If parts of the ticket have been used the refunded amount will be according to the difference between the ticket’s total fare and the fare for the part of the ticket that has been already used, excluding administration taxes and cancellation charge
11.5 Refund of taxes/charges of cancelled tickets
Low fare/non-flexible tickets are non-refundable. However, government taxes and charges on unused tickets will be refunded if an enquiry is sent to LUXWING .
11.6 The right to refuse refund
If the ticket’s expiration date has passed the airline company may refuse refund, with exception of government taxes and charges.
The airline company has the right to refund the ticket in the same way and in the same currency that was used on the date of purchase.
11.8 Authorized to make refunds
Only the airline company and its authorized agents are authorized to make a refund.
Article 12: Onboard behavior 12.1 General
If a passenger on board the aircraft behaves in a way that jeopardizes the safety of others or is suspected of intending to damage the aircraft or on-board equipment, or if the passenger obstructs the crew in performing their duties ignores the instructions received from the crew, by way of example but not limited to, ignores the ban on smoking, including electronic cigarettes, consuming alcohol or drugs or behaving in such a way as to disturb the other passengers or the crew, the Company may take decisions it deems appropriate to limit the continuation of such behavior, including the use of force. The passenger may be disembarked from the aircraft and may be denied subsequent transport in any airline of the Company. He may also be reported to the authorities for any criminal repercussions attributable to such behavior and may be held responsible for any damage caused to people or things.
12.2 Use of electronical equipment onboard
Passengers are not permitted to use electronic equipment with a radio wave transmitter or receiver during the flight. Such equipment includes, but is not limited to, radio controlled toys, walkie-talkies, mobile phones, satellite phones, computers connected to a mobile network, WLAN (Wi-Fi) or Bluetooth. If the equipment has the ability to disable the send / receive function, called “Airplane mode” or “Flight safety mode”, the equipment can only be used by activating this function. Electronic equipment that does not have a radio wave transmitter or receiver can be used during flight. These equipment include, for example: calculators, cameras, camcorders, electronic games and toys.
An exception to the shutdown of all electronic equipment is for operations with poor visibility during take-off and landing. Passengers will be informed of this need and when the equipment can be turned on again. Medical equipment required by passengers to maintain their physiological functions is permitted throughout the flight and must never be turned off. Such equipment includes, but is not limited to, hearing aids and pacemakers.
Article 13. Agreements for other services
Should the airline, during the carriage contract, offer extra services delivered by a third-party, the airline is not responsible for these services.
Article 14. Administrative formality
The passenger is responsible for presenting necessary travel documentation, including travel visa, and to follow all laws, instructions and other authority rules connected to the journey made in the countries the passenger travels from, to or in transit. The airline company is not responsible for consequences the passenger may experience for not being able to present necessary documentation, travel visa, or for not following given instructions or laws.
14.2 Travel documents
The passenger shall before transportation present all travel, health, and other documents according to laws, instructions and terms stipulated by public authorities in the applicable countries and allow the airline company to keep copies of these documents. The airline company has the right to refuse transportation if the passenger is unable to follow these terms, or if the travel documents do not appear to be in order.
14.3 Denied entry
If the passenger is denied entry into a country the passenger is responsible for any taxes or fees applied to the airline company by the existing authority. The passenger is also responsible to pay for transportation out of the country. The ticket for denied entry or deportation will not be refunded by the airline company.
14.4 The passenger’s responsibility for fines and fees
If the airline company is fined or incurs extra fees due to a passenger’s refusal to adhere to laws,instructions, or other terms connected to his/her journey in the current countries or refuse to present necessary documentation, the passenger must refund to the airline company any taxes and fees inflicted upon the airline company on request.
If requested, the passenger must be present when his/her baggage is being inspected by customs or other authorities. The airline company is not responsible for any loss or damage done by the inspection or if the passenger refuses to follow this request.
14.6 Airport security
The passenger must follow the rules for airport security carried out by personnel, airport staff,the airline company and other airline companies.
Article 15. Responsibility for damage 15.1 General
The airline company’s terms of responsibility are as follows:
15.1.1 Responsibility for any damage can only be forwarded to the airline company that operates the flight. In cases where the airline company is specified in the ticket as the contracting company, but a different company has performed the flight, the passenger is able to choose what airline company shall be deemed responsible.
15.1.2 The airline company’s responsibility will, in accordance with existing terms, be reduced if the passenger through his/her own fault caused or contributed to the damage.
15.1.3 The airline company is not responsible for any damage incurred as a result of the airlinecompany adhering to existing laws, instructions, and terms stipulated by public authorities, or if the passenger refuses to follow these laws, instructions, or terms.
15.1.4 The airline company’s responsibility is limited to documented economic loss and applies under no circumstances to indirect or consequential economic loss.
15.1.5 If the passenger’s high age and physical health is in such a condition that it could cause a danger and/or risk for the passenger during the journey, the airline company is not responsible for the passenger’s illness, injury, disability or death, if this kind of illness, injury, disability or death can be linked to this condition. The airline company is also not responsible if the passenger’s condition is aggravated on board. If the airline company is financially
impacted due to necessary extra stop caused by these conditions in order to bring the passenger to a hospital,the airline company has the right to request a refund from the passenger for expenses inflicted due to these conditions.
15.1.6 The limitations that apply for the airline company’s responsibility is also applied to the airline company’s authorized agents, staff and the airline company’s representative. The total amount that can be demanded from the airline company and their authorized agents, staff or representatives shall not exceed the airline company’s limit of liability cover, if the airline company has this kind of responsibility.
15.2 Responsibility for damaged baggage
15.2.1 The airline company takes no responsibility for any damage done to hand baggage,unless the damage is caused by carelessness on behalf of the airline company.
15.2.2 The airline company’s responsibility for damage or loss of baggage or contents hereof,apply only to checked baggage. The responsibility will follow the national and international conventions and rules, limiting us to a maximum of 1300 SDR per passenger.
15.2.3 The airline company is not responsible for any damage the passenger’s baggage causes to other persons or other person’s property, including the airline company’s property. All passengers are personally liable for any damage inflicted to another person or another person’s property, including the airline company’s property, due to the passenger’s baggage, and must meet the demand for expenses inflicted to the airline company due to this.
15.2.4 The airline is not responsible for any damage to items that are not allowed as checked in baggage, in accordance with article 9.1. This includes fragile, perishable, or valuable items, such as laptops, jewelry and valuable stones, money, safety documents, document files and briefcases with installed alarm, medicine and medical certificate or identification papers, whether or not the baggage has been checked in or brought on board as hand baggage.
15.2.5 The airline company has under no circumstances responsibility or liability for cosmetic and/or superficial damage inflicted to baggage during the journey caused by normal wear and tear.
Delayed baggage delivery: in the event of a delay in baggage delivery, the passenger must contact the staff at the airport in order to fill in the irregularity report (PIR) to activate the tracing and recovery procedure.
LUXWING LTD is not responsible for any damage and loss of items that are not authorized as checked baggage, such as: fragile or rapidly perishable items, valuables such as laptops, jewelry, passports, medicines, cash, keys etc. Furthermore, the liability of LUXWING LTD is limited within the scope of the provisions of current national and international regulations for the transport of baggage. The baggage will be considered lost after 21 days from the date of the report. Any damage reports must be sent to LUXWING together with a copy of the travel ticket / receipt, baggage receipt, photo of the damaged baggage and irregularity report (PIR). The carrier is liable for damage resulting from delay in the carriage of baggage by air, unless it proves that it and its employees and agents have taken all necessary and possible measures, according to normal diligence, to avoid the damage or that it was impossible for them to take them.
15.2.6 Damage to baggage: in case of damage to baggage, immediately or in any case within 7 days of delivery, the passenger must inform the representatives of LUXWING LTD at the airport of the damage and must fill in the irregularity report (PIR).
The air carrier is responsible for the damage unless the damage is pre- existing or derives from the nature, defect or inherent vice of the baggage or is connected to the normal handling of the baggage or to wear and tear such as: scratches, dents, stains, loss or damage to parts protruding or removable (straps, wheels, handles), unless the damage does not compromise the use of the luggage. As regards unchecked baggage, the air carrier is liable only if the damage is attributable to it. It is important that the baggage is able to withstand the shocks and compression from other baggage, is waterproof, and is not overfilled.
Special baggage such as sports equipment, strollers, baby carriages, car seats, first aid equipment and weapons, and the like, must be carried in a hard case.
Damage to the contents of the baggage (without damage to the hard case itself) is not covered by the airline.
LUXWING has a rating for damaged baggage: 30% is expected in the first year, then 10% for each past year. The compensation cannot exceed EUR 67.
The claim must be submitted using the appropriate form on the Luxwing.com website, with attached photos of the damaged baggage, a copy of the ticket / travel receipt, the baggage receipt and the irregularity report (PIR).
Complaints without an irregularity report (PIR) will not be accepted. All compensation rights cease if the claim is not made within 21 days from the date of arrival at the destination or the date the aircraft should have arrived or the date the carriage was terminated. The methods for determining the expiry of the proceedings are governed by the laws of the country in which the case is filed.
15.2.7 – Complaint procedure for baggage irregularities: all communications and complaints must be submitted in writing to LUXWING LTD.
15.2.8 – Forfeiture of the baggage claim deadlines: the liability action must be initiated, under penalty of forfeiture, within two years of arrival at destination or from the day on which the aircraft should have arrived, or on which the transport has stopped. The method of calculating the period of the deadline is determined in accordance with the order of the court seised.
15.3 Responsibility for personal injury and death
15.3.1 The airline is responsible for personal injury and death according
to conventions and national laws if the personal injury or death takes
place on a flight operated by the airline company.
15.3.2 The following terms apply for all transportation with the airline company, independently if the transport is placed under national or international laws.
15.3.3 If a passenger gets killed, injured or in any way harmed, the
airline is responsible provided the incident that caused this, occurred onboard the aircraft, or in connection with embarking or disembarking.
15.3.4 Without consideration to terms in 15.3.3 the airline company can completely or partially exempt from compensation responsibility with existing terms if the airline company
can prove that the injured or deceased person by carelessness has caused or contributed to the damage.
15.3.5 If an accident should occur the airline company will immediately, and not under any circumstances later than 15 days after the identity of the person who has right to compensation, have been determined, refund advance payments for covering immediate needs, and according to extent of the damage. This advance payment should be no less than 16.000 SDR in EUR per passenger, in case of death.
15.3.6 Refund of advance payments as described in 15.3.5:
1. Early repayment is not synonymous with acknowledgment of responsibility.
2. It can be subtracted from any amount which will later be refunded due to the Company’s liability.
3. It must be returned only in the cases referred to in paragraph 15.3.4 or if it is subsequently proved that the person who received the refund caused or contributed to the damage through his own negligence or was not the person designated to receive it.
4. The Company is not required to pay compensation in excess of 100,000 SDRs (SDRs) per passenger if it can be demonstrated that the Company and its staff have taken all necessary measures to avoid the damage or where it was impossible for the Company and its staff. staff take such measures.
5. The Company is covered by insurance of at least 100,000 SDRs (SDRs) per passenger and in any case not less than the minimum amount provided for by laws, conventions and agreements in force.
15.3.7 Representation by proxy
Passengers can delegate a lawyer to file the complaint. This delegation is to be considered exclusive, therefore, the passenger will not be able to assign any claims against the company to third parties.
This article does not apply to the rules referred to in art. 16
Article 16. Complaints and requests for compensation pursuant to EU Regulation 261/2004
16.1.1 This Article applies to claims for compensation under Regulation EU 261/2004.
16.1.2 In case of flight irregularity referred in Regulation EU 261/2004 passengers must submit claims directly to LUXWING LTD and allow LUXWING LTD 14 working days to respond before engaging third parties to claim on their behalf.
16.1.3 To submit claim, passengers must fill out compensation claim form available in 3languages English / Italian
16.1.4 If LUXWING LTD fails to respond within 14 working days or passengers do not agree with LUXWING LTD’s response, passengers may engage third parties for further resolution of the claim or involve national aviation authorities where their claim can be resolved free of charge:
Italian claims –
Term respond mentioned in 16.1.4 is considered as one of the following:
Request for additional documentation or clarification from the passenger ,
Update on the state of claim including deadline for next update and the reason for the claim resolution extension. Claim resolution can be extended to maximum of 40 bankdays.
Rejection of the claim,
Approval of the claim.
16.1.5 The response terms referred to in Article 16.1.4 refer to: .
• Additional requests for documents or clarifications to the passenger;
• Updates on the status of the complaint, including subsequent updates and reasons that need further investigation for resolving the complaint. The resolution of the complaint can take up to a maximum of 40 working days;
• Rejection of the complaint; .
• Approval of the complaint.,
16.1.6 Experienced the phase referred to in Articles. 16.1.2, 16.1.3, 16.1.4 and 16.1.5, if the passenger is not satisfied with the final outcome of the complaint, LUXWING LTD will process the complaints presented by third parties / with the assistance of a lawyer, as delegated by the passenger, only if they report:
16.1.7 Articles 16.1.2 and 16.1.3 do not apply to passengers who are unable or unable to submit complaints personally. In this case, the complaint can be sent by the passenger’s guardian. LUXWING LTD reserves the right to ask the guardian to provide proof of the power to represent the passenger.
16.1.8 – Each passenger may send complaints to LUXWING LTD on behalf of other passengers who are included in the same booking. LUXWING LTD reserves the right to ask the first passenger requesting proof of consent (power of attorney) to send the complaint by the other passengers indicated in the booking;
16.1.9 – The deadline for submitting a complaint pursuant to EU Regulation 261/04 is 2 years from the date of the flight. https://www.enac.gov.it/passeggeri/diritti-dei-passeggeri/modalita- di- complaint-for-denied-boarding-cancellation-delay
Article 17. Dismissal
If the passenger refuses to follow the conditions written in the General Conditions of Carriage or in the airline company’s instructions, the contract with the passenger will be terminated with immediate affect. If possible, a written notice will be given, and the payment(s) will be suspended.
Article 18. Authorization
No agent, co-worker or representative for the airline company is authorized to change, modify or abandon demands given through these terms.
Article 19 Personal data
Information relating to personal data is visible on the website https://www.luxwing.com/privacy-policy