CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY.  FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

Notice of Liability Limitations

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
 
Where the Montreal Convention applies, the limits of liability are as follows:

  1. There are no financial limits in respect of death or bodily injury.
  2. In respect of destruction, loss of, or damage or delay to baggage, 1,288 Special Drawing Rights (approximately EUR 1,200; US $1,800) per passenger in most cases.
  3. For damage occasioned by delay to your journey, 5,346 Special Drawing Rights (approximately EUR 5,000; US $7,500) per passenger in most cases.

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air.  Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

Where the Warsaw Convention system applies, the following limits of liability may apply:

  1. 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies.  Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
  2. 17 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
  3. The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to the limits applicable to your journey.  If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
 
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply.  Alternatively, if the valudancge of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
 
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

Notice of Contract Terms Incorporated by Reference:

  1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs. 
  2. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
  3. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
     
  4. The Conditions may include, but are not restricted to:

    Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
    Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
    Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
    Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier.
    Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
    Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage.
    Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
    Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
     
  5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold.  Many carriers also have this information on their websites.  When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
  6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.
GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

DENIED BOARDING: Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation.  In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation.  When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily.  Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities.

BAGGAGE: Excess valuation may be declared on certain types of articles.  Carriers may apply special rules for fragile, valuable, or perishable articles.  Check with your carrier.  Checked Baggage:  Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route.  Carriers may apply extra charges for checked baggage in excess of their permitted allowance.  Check with your carrier.  Cabin (Unchecked) Baggage:  Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type.  It is recommended that cabin baggage be kept to a minimum.  Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).  SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL:  For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.

CHECK-IN TIMES.  The time shown on the itinerary/receipt is the departure time of the aircraft.  Flight departure time is not the same as the time you must check-in or the time you must be available for boarding.  Your carrier may refuse you carriage if you are late.  Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.

DANGEROUS  GOODS (HAZARDOUS MATERIALS).
For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted.  Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.

DANGEROUS GOODS
 Do not pack or carry onboard the items pictured below without checking with your carrier.

DO NOT ENDANGER YOUR SAFETY OR THAT OF YOUR FELLOW PASSENGERS.

Privacy and policy

General Information

Luxwing  is committed to respecting your privacy and protecting your personal data.

In this Privacy Policy (this “Policy”), “LUXWING”, “we”, “us” or “our” means LUXWING Ltd. (a company incorporated in Malta, with registration number C-53330, and with principal offices at 15, Mannarinu Road, BKR9080 Birkirkara, Malta); “you” or “your” means you, the person who provides us with personal data; and, “personal data” shall have the meaning assigned to it in Article 4 of Regulation General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council which becomes applicable as from the 25th May 2018 (“GDPR”).

All personal data obtained by us is held and used in compliance with this Policy, with the Maltese Data Protection Act (Chapter 440 of the Laws of Malta) as amended and as applicable (“DPA”), and the GDPR.  Luxwing is deemed data controller for purposes of the DPA and GDPR.

When we ask you to provide certain personal data, then you can be assured that it will only be used in accordance with this Policy.  This Policy applies to personal data about you that we collect, use and otherwise process in connection with your relationship with us as a client or potential client, including when you travel with us or use our other services, use our websites or mobile apps, service agents or call centres and book to use our services through third parties (such as agents and other carriers). However, we are not responsible for third parties’ use of your personal data where such use is permitted for their own purposes and you should consult their privacy policies for further information.

This Policy is effective as of the “Effective Date” listed below.  We reserve the right, at our sole and absolute discretion, to change or modify this Policy at any time. If we decide to change our Privacy Policy, we will update the Privacy Policy modification date below and prompt you to read and accept the changes.)

Your continued access to or use of any of our services or products or your purchase of any of our services or products following any change or modification to this Policy shall constitute consent to any such changes or modifications.

Please read this Policy carefully, as your access to, purchase of, or use of any our services or products constitutes your acceptance of all of the terms and practices described in this Policy, including without limitation, the collection, use, processing, and disclosure of your personal data as described in this Policy. Please do not access or use any of our services or products or purchase any of our services or products if you disagree with any part of this Policy.

If you have any questions or concerns about this Policy or its implementation, you are invited to contact our Security Officer at securityluxwing.com.

Type of data collected

We collect personal data about you, about your travel arrangements, about how you use our services and products, and about how you use our websites, call centres and mobile applications, and such personal data so collected includes without limitation:

·         Your name and surname;

·         Contact information including address of residence, email address, telephone number, and fax number;

·         Your date of birth, nationality, and passport (when required) information when you book a flight with us;

·         Personal tastes (e.g food and beverages) and dietary requirements;

·         Medical condition (g. allergies for catering purposes, and disabilities);

·         Information about your travel arrangements, such as details of your bookings, travel itinerary, details of any additional assistance you require and other information related to your travel with us.

·         Information about your use of our websites, call centres and mobile applications, including information about which pages you view;

·         Information about interactions you have with us and our staff;

·         information to improve our services, fulfil our administrative purposes and protect our business interests including: accounting, billing and audit, credit or other payment card verification, fraud screening(including such information as received from third party banks and other credit institutions and credit rating institutions), safety, security and legal purposes, statistical and marketing analysis, systems testing, maintenance and development; and 

·           Other information that may be required by us, to carry out obligations arising from any contracts entered between you and us, and/or to carry out client surveys and/or offers.

This personal data may include information that you provide to us directly or through companies or agents we work with, as well as information which we collect when you use our products or services.

 Sensitive personal data

Certain categories of personal data, such as that about race, ethnicity, religion or health, are considered “sensitive personal data” under the DPA and GDPR. Generally, we try to limit the circumstances where we process sensitive personal data. However, this can occasionally occur because:

·         you have requested specific medical assistance from us and/or an airport operator, such as the provision of wheelchair assistance or oxygen, or,

·         you have sought clearance from us to fly with a medical condition or because you are pregnant, or,

·         you have otherwise chosen to provide such information to us (or a third party such as the agent or broker through which you made your booking).

In addition, you may have made other requests in connection with making your travel arrangements that may possibly imply or suggest something about you that could be as “sensitive personal data”. For example, if you request a particular type of special meal this may imply or suggest that you hold particular religious beliefs or have a particular medical condition.

By providing any personal data that is, or could be considered to be, “sensitive personal data” you explicitly agree that we may collect, use, share with third parties and transfer outside the European Economic Area this Personal Data, as described in this Policy.

If you withdraw your consent, it may mean we will not be able to provide all or parts of the products or services you have requested from us. Please be aware that in these circumstances you will not be able to cancel or obtain a refund of any fees you have paid.

Use of your personal data.

We store, handle, send and generally process personal data to provide you with the best service, and in particular for the following reasons:

·         We will need to use the personal data to fulfil your request and provide your flight if you choose to fly with us. This will include passing your personal data to relevant authorities such as passport control and border agencies and where appropriate relevant police and customs authorities. We may also need to contact you if we have questions regarding your request;

·         To deal with the general enquiries you raise from time to time on our services;

·         To ensure that you or any passenger is not the subject or target of any economic or trade sanction law or regulation or travel ban;

·         For the purposes of accounting and billing, immigration and customs control, health and safety, security and legal compliance;

·         To carry out obligations and/or enforce rights arising from any contracts entered between you and us;

·         For internal record keeping and the general administration of your records by us;

·         For security purposes to protect your personal data held and/or processed by us;

·         For training our employees in respect of providing our service and products to you;

·         For statistical analysis;

·         To improve our products and services;

·         For our general marketing purposes where you have notified us that you consent to receive information about us and our services, products and offers;

·         From time to time, we may also use your personal data to contact you for feedback on our services and third party supplier services so as to assist us in their improvement and development.

Without prejudice to the foregoing:

We will use your personal data to fulfil your travel arrangements and to deliver the services you have asked for. This may include processing information about travel arrangements that are not provided by us but which nevertheless form part of your overall journey, such as details of your arrangements at airports and customs and immigration formalities.

Please also be aware that in some airports where we operate, facial recognition and related biometric technology is used in order to facilitate passenger boarding.

We may use your personal data to provide services tailored to your requirements and treat you more personally, for example:

·         to deliver messages and information that we think is relevant and may be of interest to you, prior to, during, and after your travel with us

·         to personalise and tailor your travel experience

We may use and retain your personal data, including your purchase history, for administrative purposes, which may include for example, accounting and billing, auditing, credit or other payment card verification, anti-fraud screening (including the use of credit reference agency searches and payment card validation checks), immigration and customs control, safety, security, health, administrative and legal purposes and systems testing, maintenance and development.

Disclosing of yourpersonal data

Your personal data may be disclosed to a third party who acquires us or substantially all of our assets.

We may also share some of your personal data with, or obtain your personal data from, the following categories of third parties:

·         Airports, government authorities, law enforcement bodies and regulators when this is necessary to get you to your destination or is required by law. For example, for specific travel routes we are required by law to provide border control agencies with information that relates to your travel documents and to your travel itinerary.

·         Travel agents or other companies through which you book your Luxwing flights

·         Suppliers providing services to us in order to help us run our business and improve our services and your customer experience. We may for example share your personal data with the companies who provide ground services for us to the airports to which we operate. 

·         Credit and debit card companies 
Luxwing shares some of your personal data, which includes information about your method of payment and flight booking, to the credit or debit card company that issued the card you used to  make your booking. In order to ensure the security of your transactions and prevent or detect fraudulent transactions, we may also share your information with our fraud screening partner.

In addition to the parties listed above, we may disclose your personal data when this is required by the law of any jurisdiction to which Luxwing may be subject.

Luxwing and other carriers are required by laws in several countries to give border control agencies and other public authorities access to booking and travel information and other personal data (including data obtained from official photo identification documents). Therefore, any information we hold about you and your travel arrangements may be disclosed to the customs, immigration and public authorities of any country in your itinerary.

In addition, laws in several countries require Luxwing and other carriers to collect passport and associated information for all passengers prior to travel to or from those countries. When required, Luxwing will provide this information to the relevant customs and immigration authorities.

Personal data collecting method

We collect personal data about you when you use our services or products (whether directly provided by us or by another company or agent), when you travel with us, and when you use our website, call centres or mobile applications. The following are examples of when we collect personal data about you:

·         when you book or search for a flight or other products or services on our website or mobile applications;

·         when you book or search for a flight or other products or services through our other sales channels, such as through a travel agent

·         when you contact our call centres or service agents or sales representatives

·         when you travel with us and use airports where we operate

·         if you use lounge facilities provided by us or our agents

·         if you use our in-flight entertainment and communication services

·         if you complete a client survey or provide us with feedback

·         if you enter a competition or register for a promotion

·         if you choose to interact with us via social media, such as Facebook.

In addition, we may receive personal data about you from third parties, such as:

·         companies contracted by us to provide services to you

·         companies involved in your travel plans, including relevant airport operators and customs and immigration authorities

·         companies (e.g. car hire providers and hotels) that participate in our programmes

Cookies

In order to improve our services, to provide you with more relevant content and to analyse how visitors use our website and app, we may use technologies, such as cookies, pixels or tracking software. Please be aware that in most cases we will not be able to identify you from the information we collect using these technologies.

For example, we use software to monitor customer traffic patterns and website usage to help us develop the design and layout of the website in order to enhance the experience of the visitors to our website. This software does not enable us to collect any personal data. In addition, in order to understand how our customers interact with the emails and the content that we send, we use pixels that allow us to know if the emails we send are opened or if the content of our emails is displayed in text or html form.

We also use cookies in our website, mobile app or in our emails. Cookies are small pieces of information stored by your browser on your computer’s hard drive. They enable you to navigate on our website or app and allow us to provide features such as remembering aspects of your last flight search to make subsequent searches faster. You can delete cookies if you wish; while certain cookies are necessary for viewing and navigating on our website or app, most of the features will be still accessible without cookies.

For more information on how we use cookies and how you can remove them, read our Cookies Policy.

Marketing communications

You may receive marketing communications from us if you have opted in to receive such material.

We may use third parties to send marketing communications on our behalf. If we do ever want to allow a third party to send you direct marketing not related to Luxwing, we will first seek your permission before sharing your details with them.

If you have previously agreed to us using your information for direct marketing purposes, you may change your mind at any time by changing your preferences and opting out or by writing to us at ticket@booking.luxwing.com

Security, storage, and transfer

We are committed to ensuring that your personal data is secure at all times. We have in place suitable physical, electronic and managerial procedures to safeguard and secure the personal data we collect online.

All of our employees and suppliers with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.  As an example, if you are a passenger on a flight operated by us you can be assured that none of our crews, will take a photo of you whilst you are on our aircraft and then upload the photo on social media, or disclose to any person the fact that you are flying on our aircraft, or disclose any of your confidential information that they may become privy to during your flight (in each case, unless disclosure is required for any reason set out in this Policy).

Your personal data will be stored on and processed by our systems and may also be stored on and processed by systems of a third party data processor(s) appointed by us.   The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by employees operating outside the EEA who work for us or for one of our suppliers. Such employees may be engaged in, amongst other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Policy, the DPA and GDPR (as applicable), any and all applicable European Union Regulations, and any and all data protection related laws that are applicable to Luxwing, and we will also ensure that a written agreement is in place between us and every such company containing obligations as to data protection that are no less onerous than those set out in this Policy, the DPA and the GDPR,  in order to ensure that your personal data is adequately protected.

We will keep your personal data for as long as we need it for the purpose it is being processed for. For example, where you book a flight with us we will keep the information related to your booking, so we can fulfil the specific travel arrangements you have made and after that, we will keep the information for a period which enables us to handle or respond to any complaints, queries or concerns relating to the booking. The information may also be retained so that we can continue to improve your experience with us and to ensure that you receive any loyalty rewards which are due to you.

We will actively review the information we hold and delete it securely, or in some cases anonymise it, when there is no longer a legal, business or customer need for it to be retained

Transmission of information over the internet

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access

Links to third party websites

Our websites, online services and mobile applications may, from time to time, contain links to and from websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services.  You are advised to please check these policies before submitting any personal data to these websites or using these services.

Telephone Calls

We may monitor or record telephone conversations to enhance your security and ours, to enable us to handle complaints efficiently, improve our client service and for staff training purposes.  If your telephone conversation with us will be recorded then you will receive a message to this effect prior to the start of your conversation with us.

Providing information about someone else

If you are providing personal data to us about someone else you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and that you have informed them of our identity, of this Policy, and of the purposes (as set out in this Policy) for which their personal data will be processed.

Complaint, applicable law and Jurisdiction

Any dispute arising from or related to the acceptance, interpretation or observance of this Policy shall be submitted to the exclusive jurisdiction of the competent Court of Malta which shall apply the laws of Malta; provided however, that:

1.   any dispute concerning Luxwing shall be submitted to the exclusive jurisdiction of the competent Court of Malta which shall apply the laws of Malta.; and,

2.   if this Policy is incorporated by reference into a contract having its own choice of law and jurisdiction, then any dispute arising from or related to the acceptance, interpretation or observance of this Policy shall be submitted to the jurisdiction, and shall be subject to the governing law, of that contract.

You also have the right to lodge a complaint with a supervisory authority.

Further details

Further details about your rights can be accessed on the Malta Office of the Information and Data Protection Commissioner website at:  https://idpc.gov.mt

and on the European Commission’s website at: 

http://ec.europa.eu/justice/data-rotection/individuals/rights/index_en.htm