Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUI fly) in the capacity of Contracting Carrier for Carriage executed by Luxair as Actual Carrier (hereinafter referred tp as Luxair).
These Special Terms and Conditions of Carriage apply to all flights and other services for which a contract has been concluded with TUI fly with reference to the General Terms and Conditions of Carriage of TUI fly (hereinafter referred to as GTCC) and which are executed by the airline Luxair (hereinafter referred to as Luxair).
TUI fly is the contracting air carrier defined in legislation governing carriage by air and is party to the contract with the passenger. Luxair handles the carriage to which the passenger is entitled for TUI fly. Luxair is the actual carrier as defined in legislation governing carriage by air.
In addition to these Luxair STCC, the GTCC of TUI fly also apply. In case of conflict between the Luxair STCC and the GTCC, the GTCC shall take precedence.
TUI fly can be contacted at the following address:
TUIfly Vermarktungs GmbH
30625 Hanover, Germany
All bookings to be made directly with Luxair are handled by the Luxair Call Center using the following contact information:
Telephone number: 00352 2456 4711
For information about the fees for additional services that can be booked directly with Luxair, please visit the Luxair web site or call the Luxair Call Center directly (for contact information, see section 2.2).
Up to the 36th week of pregnancy, expectant mothers who have not experienced complications can travel without a medical certificate.
Following the 36th week of pregnancy, a certificate from a gynecologist is required, which states that the passenger is allowed to fly despite her pregnancy. If there are pregnancy complications, the passenger must present a medical certificate issued at most 7 days before the flight. It is not advisable to fly during the first 7 days following birth. Permission to travel from the attending physician is required.
Note: The gynecologist's certificate must include the expected date of birth and all of the flight information.
Only the passenger whose name appears on the ticket shall be transported. If the ticket is electronic, the passenger's name must appear in the booking system, on the flight voucher and on all of the associated vouchers as well as on the passenger's ticket receipt. Luxair reserves the right to check the passenger's identity documents. All passengers must be able to prove their identity at any time during the trip as well as the identities for any persons for whom they are responsible.
5.2 Sequence and use of vouchers
5.2.1 General information
The fare applicable on the date of issue is only valid if the ticket is used in its entirety and in the sequence indicated on the voucher for the specified trip and specified dates.
Ticket use that deviates from this procedure may be subject to surcharges in accordance with the following conditions. The charges for the individual services and the dates specified on the ticket refer to departure and destination locations as well as stipulated stopovers.
The ticket is no longer valid if the vouchers are not used in the specified sequence.
Passengers should understand that certain changes will result in changes in the fare, but some will not.
Specific fares apply for certain dates and flights as indicated on the ticket, so they cannot be changed unless the related surcharges are paid.
Every voucher that is part of a ticket entitles the passenger to transportation in a specific class for the specified flight date and flight for which the booking was made. If a ticket is issued initially without a specified reservation, the final reservation is made with in accordance with the fare and availability.
If a passenger discontinues the trip without having used all of the vouchers, a fee specified at the time of the booking must be paid for the return transportation of the passenger's checked baggage.
5.3 Identification of the company providing carriage
The name Luxair can be abbreviated and specified as an airline code or in another manner on the voucher. The address of Luxair is the one associated with its registered location or the company's main office.
6.1 General Information
Passenger bookings are made through Luxair or its authorized agents. By request, Luxair shall provide passengers with a written booking confirmation.
Certain fares are connected with conditions that limit or exclude the right of a passenger to change or cancel the booking.
6.2 Final time of issuance for tickets
If passengers do not pay for their tickets in a timely manner before the time of issuance as specified by Luxair or its authorized agents, the booking may be deleted and the seat sold to another passenger.
6.3 Personal Information
Passengers agree that their personal information can be shared with Luxair for the following purposes: To complete a booking, provide additional services, prepare and provide services, for immigration and entry, for disclosure to the responsible authorities, to ensure compliance with the rules of conduct for passengers explained in sections 9 and 13 of the General Terms and Conditions of Carriage.
For this purpose, passengers expressly permit Luxair to retain, use and forward their information to their own agencies, authorized agents, authorities, other companies providing carriage or service providers associated with the services listed above, including the information mentioned in section 9.1.3.
All of the information collected by Luxair is recorded and handled in accordance with the related regulation of 2 August 2002 in its current form for the protection of persons associated with the processing of personal information.
6.4 Seat reservation, service on board and aircraft type
Luxair attempts to take the seat reservations made in advance into account, but cannot guarantee these selections. Luxair reserves the right to change seat reservations at anytime, even after boarding.
This may be necessary for operational or safety related reasons or due to force majeure. Luxair does its utmost to fulfil the requests of passengers on board, particularly with respect to beverage selection, special meals, media offerings, etc. If this is not possible, however, for safety reasons for which Luxair is not responsible, Luxair shall not accept any liability, even if the services were already included in the booking.
The aircraft type specified at the time of the booking or later can be changed at any time. For operational or safety reasons beyond Luxair's control, the airline company can be required to change the type of aircraft. Luxair does not accept any liability in this case.
Deadlines for check-in depend on the particular airport. Luxair recommends that passengers inform themselves regarding these deadlines and comply with them. Luxair reserves the right to cancel a passenger's booking if he or she does not comply with the specified check-in deadline. Luxair or its authorized agents shall inform our passengers regarding the check-in deadline for their respective first departure.
All of information regarding check-in deadlines for flights with Luxair can be found on the Luxair web site or from the travel agency that issued the ticket.
Passengers are obligated to take care of all the necessary formalities in a timely manner before departure and to comply with check-in deadlines. If a passenger does not take care of these obligations and cannot present the documents required for check-in, Luxair can cancel his or her booking without any claims for damages on the part of the passenger.
Passengers are obligated to be present at the boarding gate at the time specified for check-in. Otherwise, Luxair reserves the right to cancel the booking.
If the conditions listed in section 8 are not complied with, Luxair does not accept any liability for losses sustained or expenditures paid out by the passenger.
8.1 Right to refuse carriage
Luxair can refuse to transport a passenger if the airline has informed him or her before the booking was made that the airline will not provide him or her with carriage on any of their flights at any time after the specified date. This may be the case if, on a prior flight, the passenger violated the rules of conduct listed in section 9 and/or 13. Furthermore, Luxair reserves the right to refuse carriage or further carriage to a passenger or to cancel his or her booking if the following apply:
This procedure is necessary for reasons of safety or public order or represents a measure for preventing violations of legal regulations, provisions or conditions for carriage at the departure or destination point or during travel through the respective countries.
Transporting the passenger could endanger safety, health or the smooth operation of the flight, primarily if the passenger makes threats or inappropriate or disparaging remarks or displays inappropriate or disparaging behaviour toward other passengers, the crew or an employee of Luxair (including ground personnel).
This procedure is necessary for reasons of safety or public order or represents a measure for preventing violations of legal regulations, provisions or conditions for carriage at the departure or destination point or during travel through the respective countries.
On prior flights, the passenger has demonstrated negative behaviour or violated the rules of conduct listed in section 9 and/or 13, and Luxair is justified in assuming that the passenger will repeat this behaviour.
The passenger has refused to subject him or herself to a safety check.
The passenger has not paid the applicable fare and/or the required costs, taxes or fees.
The passenger does not seem to have any valid travel documents, has attempted to forcibly enter the territory of a country while traveling through it, has destroyed his or her travel documents during the flight, has refused to allow copies of these documents to be made and retained by Luxair or the travel documents are expired, incomplete with respect to legal provisions or are forged (assuming a false identity, counterfeits or stolen copies of documents).
The ticket presented by the passenger was purchased fraudulently or from another company than Luxair or one of its authorized agents, has been reported as a lost or stolen document or was forged or copied, or the passenger is not able to prove that he or she is the person listed in the "Name of passenger" area on the ticket.
The passenger did not comply with the sequence listed in section 5.3 for using the flight voucher(s) or presents a ticket that was issued, changed or damaged by someone other than Luxair or its authorized agents.
The passenger does not follow the safety instructions given by the crew or employees of Luxair (including ground personnel).
The passenger disregards the no smoking policy on board or the rules for using electronic devices on board.
The passenger's personal situation does not permit him or her to fly due to legal or other provisions.
8.2 Special accommodations
The transportation of children traveling alone, of passengers with limited mobility, of expectant mothers, of those who are ill or others who require special accommodation is subject to the previous consent of Luxair. Passengers with limited mobility who have informed the carrier of their disabilities or special accommodation needs when purchasing their tickets may not be refused transportation due to their disabilities or special needs, as long as Luxair has accepted this situation upon receiving the pertinent information. In accordance with directive 1107/2006 of 5 July 2006 regarding the rights of disabled flight passengers and passengers with limited mobility, an airline company is allowed to refuse to confirm a booking or the boarding of a passenger with limited mobility (or a disabled passenger) for safety reasons or if the size of the aircraft does not permit the respective passenger to board or be transported (for contact information, see section 2).
Passengers are required to inform Luxair at the time of booking about their disability or any need for special accommodation. In accordance with the applicable law, the need for special accommodation must be registered with Luxair after the booking is made and not later than 48 hours before departure. Otherwise, in accordance with the applicable laws and taking the type of special accommodation into consideration as well as the time required to provide it, Luxair shall make an effort to meet the special accommodation needs of the passenger as far as possible (for contact information, see section 2).
Passengers who would like to request special meals must inform themselves when the booking is made or within the period specified by Luxair regarding the availability of such a meal. Otherwise, Luxair cannot guarantee that this special meal will be available on board (for contact information, see section 2).
It is recommended that passengers with health problems or special medical needs consult a physician before taking the flight, particularly in the case of long route flights, and to take all precautionary measures for a smooth flight.
The special conditions for passengers as described in section 9.2 are available by request from Luxair or one of its authorized agents or on the Luxair web site (for contact information, see section 2).
8.3 Rights in case of refusal of carriage
Passengers for whom carriage is refused for one of the reasons listed above or who booking was cancelled, have only the right to a refund or carriage on another flight.
9.1 General provisions
9.1.1 Duties of the passenger:
(a) Passengers must assert that they are familiar with the entire contents of their baggage.
(b) Passengers must make sure that they do not leave their baggage unattended after it has been packed and that they do not accept items for transport from another passenger or person.
(c) Passengers must not take any baggage from third parties along.
(d) It is recommended that passengers do not pack any fragile items or perishable food items in their baggage. However, if this is necessary, the passenger must pack everything carefully in suitable containers in order to prevent the food from spoiling and damaging the baggage of other passengers or contaminating or damaging the aircraft.
9.1.2 Allowed baggage
(a) Allowed baggage is the amount of baggage transported for each passenger, limited by number and/or weight and/or baggage dimensions. The amount of allowed baggage is determined by destination and the price of the flight and is indicated on the ticket.
(b) Passengers can bring a specified number of pieces of baggage along as allowed baggage. The conditions specified by Luxair apply as well as the limits listed on the ticket or are available by request from Luxair or one of its authorized agents. The weight of each piece of baggage is not permitted to exceed 32 kg (for contact information, see section 2).
9.2 Excess baggage
If baggage limits are exceeded, passengers must pay a baggage surcharge. The amount of the surcharge is available by request from Luxair or one of its authorized agents (for contact information, see section 2).
9.3 Items not accepted as baggage
A passenger's baggage is not permitted to contain any items prohibited for carriage according to the regulations of the countries of departure or destination, the countries flown over and the intended transition countries, particularly:
Items that can endanger the aircraft or persons or items on board the aircraft as listed in the Dangerous Goods Regulations of the ICAO (International Civil Aviation Organisation) or the IATA (International Air Transport Association). A list of these items can be obtained by request from Luxair, one of its authorized agents or at www.luxair.lu.
Items that, based on the reasonable discretion of Luxair, are not suitable for transport in an aircraft due to the associated dangers or risks, their weight, size, shape or properties or because they are fragile or perishable. All of the information regarding items that are not accepted for transport can be obtained by request from Luxair, one of its authorized agents or at www.luxair.lu.
Firearms or ammunition, except for hunting and sporting firearms, are excluded from carriage as baggage. Firearms and ammunition for hunting and sporting use can be accepted as checked baggage. Firearms must be unloaded, have a safety lock and be appropriately packed. The transportation of ammunition is subject to the Dangerous Goods Regulations of the ICAO and the IATA listed above in section (a) as specified under 10.3.1.1.
Passengers are not allowed to check cash, jewellery, precious metals, computers, electronic devices, samples, business documentation, securities or other valuable documents, passports or other identification documents as baggage.
If an item listed in 10.3.1, 10.3.2 or 10.3.3 is in a passenger's baggage despite the prohibition of such items, Luxair does not accept any liability for its loss or damage to it.
9.4 Right to refuse carriage
Subject to sections 10.3.2 and 10.3.3, Luxair is entitled to refuse carriage or further carriage if an item listed in 10.3 is discovered at a later time.
Luxair is permitted to refuse carriage of any items that we deem unsuitable for transport due to size, shape, weight, contents or properties or for safety reasons, practical reasons or due to passenger comfort. Information regarding items excluded from carriage can be obtained by request (for contact information, see section 2).
Luxair can refuse to transport baggage if we believe it to be improperly packed.
9.5 Right to search passengers and baggage
If a passenger refuses to comply with a request to search his or her person or baggage in order to check for items that are not allowed in accordance with section 10.3, Luxair can refuse to transport the passenger and his or her baggage without affecting its responsibility to the passenger. If a passenger or his or her baggage is harmed during a search or an X-ray check, Luxair is not liable unless the damage is directly the fault of Luxair or due to negligence on the part of Luxair.
9.6 Checked baggage
Passengers are to check their baggage at the Luxair counter before the check-in deadline. Luxair is then in charge of the passengers' baggage and issues a baggage check for each piece of baggage. A corresponding notice is written on the ticket, confirming the issuance of the baggage check. Baggage tags affixed to the baggage by Luxair are used solely for identification.
Checked baggage must be provided with the name of the passenger or some kind of personal identification.
If possible, the baggage will be transported in the same aircraft as the passenger as long as Luxair does not change this procedure for safety or operational reasons. If the checked baggage is transported on another flight, Luxair ensures that the baggage will be delivered to the passenger as long as his or her presence is not required for customs procedures.
9.7 Carry-on baggage
Luxair is allowed to specify the largest dimensions of the pieces of baggage permitted for transport in the cabin. Usually, passengers store their carry-on baggage under the seats in front of them or in the baggage bins intended for this purpose. Otherwise, or if pieces of baggage are too large or are dangerous, the baggage must be checked.
Items that cannot be transported in the cargo area, such as sensitive musical instruments, and which do not meet the requirements described in 10.7.1 must be registered with Luxair in advance. The company must agree to transport them as carry-on baggage. A corresponding fee may be charged for this type of transportation by the passenger.
9.8 Delivery of checked baggage
Passengers are obligated to pick up their baggage as soon as it is made available at the destination or at the stopover location. If passengers do not pick up their baggage within a reasonable amount of time, Luxair is entitled to charge storage fees in an appropriate amount.
When all of the unpaid fees in accordance with the conditions of carriage have been paid, Luxair shall deliver the checked baggage to the holder of the corresponding baggage check.
If a person claiming the baggage cannot present a baggage check, Luxair shall only provide the baggage under the condition that the person can demonstrate his or her right to the baggage to a satisfactory degree.
If the holder of the baggage check accepts the baggage upon delivery without objection, unless the opposite is proven, it shall be assumed that the baggage is in good condition and has been delivered in accordance with the contract for carriage.
9.9 Animals and guide Dogs
The transportation of animals is subject to the express approval of Luxair at the time of the booking. The transportation of a passenger's animal(s) may be allowed if they are properly kept in a transport cage with mesh or bars and have health and vaccination documentation as well as entry permits and transit documents. Luxair reserves the right to specify conditions of carriage for animals in the aircraft as well as the number of animals permitted (for contact information, see section 2).
The weight of the animals coming along on the flight, as well as the weight of the transport box and food, is not included in the passenger's allowed baggage, but is instead considered excess baggage for which the passenger must pay the applicable fare published on theLuxair web site.
Guide dogs, which accompany passengers with limited mobility, along with their transport boxes and food are transported for free with no consideration of the allowed baggage limit. The passenger's dependence on the guide dog must be documented by a physician.
In case of fraud or if the required documentation is not presented or is contrary to the rules, Luxair is not liable for injuries to or loss of the animals transported, nor for delays or for the illness or death of the animals unless the damage is directly the fault of Luxair or due to negligence on the part of Luxair.
Passengers are liable for any damage to Luxair due to an animal travelling with them.
10.1 Flight schedules
The flights and flight times listed in the flight schedules are not binding and can change between the date they are published and the date travel commences. Notification of the flight times is made before the passenger's booking is accepted and the times are specified on the ticket.
Notification of the flight times is made before the passenger's booking is accepted and the times are specified on the ticket. If Luxair has the passenger's contact information, as far as possible the passenger shall be informed of changes. If the travel times change dramatically and the passenger does not approve, the passenger is entitled to a refund in accordance with section 12.2. In case of legal liability, Luxair shall suggest compensation and support in terms of section 16.4.1.
10.2 Cancellation, other transportation, delays
Luxair does its utmost to transport passengers without delays. In this context and in order to avoid cancelling flights, under certain circumstances for which the airline company is not responsible, Luxair can provide a replacement aircraft or use the services of another air carrier and/or another type of transportation.
In the case of a cancellation or delay, Luxair offers the affected passengers compensation and support in accordance with Regulation (EC) No. 261/2004.
In the case of a cancellation or delay of a flight to which a passenger has booked a connecting flight, the transportation company shall utilize all applicable rules.
11.1 General information
At its discretion, Luxair reserves the right to evaluate the conduct of a passenger on board to determine if this conduct can or could constitute a disturbance, threat or danger to one or more persons, objects or the aircraft itself. In this context, passengers are not allowed to prevent the crew from performing their duties and must comply with their instructions and recommendations, including and in particular with respect to violations of the non-smoking policy, to consumption of drugs and alcohol, or with respect to such conduct that could endanger the safety of persons or objects on board; in these cases, Luxair can take any measures that the company deems necessary, including notifying local police authorities. The respective passenger can be required to disembark or can be excluded from transportation on all other flights and can be held legally responsible for violations committed on board.
11.2 Electronic devices
For safety reasons, Luxair can forbid or limit the use of electronic devices on board, such as mobile telephones, laptop and other computers, portable radios, CD players, electronic games or transmitting/receiving devices as well as all other wireless game devices and walkie talkies.
11.3 Non-smoking flights
All Luxair flights are non-smoking flights. Smoking and the use of electronic cigarettes is prohibited in all areas of the aircraft.
11.4 Photos and video recordings
Taking photos and filming on board are only allowed for private purposes. Taking photos and filming members of the crew is not allowed (except with the express permission of the respective person).
12.1 General information
Passengers are responsible for procuring all travel documents and visas and for complying with all legal provisions (laws, directives, rulings, regulations and requirements) of the departure, transit and destination countries.
Luxair does not accept any liability for the consequences that occur if passengers do not procure the required travel documents and visas or due to their disregard of legal requirements, laws, directives, rulings and regulations.
12.2 Travel documents
Passengers must present all entry, departure and transit documents, health certificates and other documentation required in accordance with the applicable laws and regulations (laws, directives, rulings, regulations and requirements) of the respective countries. Furthermore, passengers must allow Luxair to make and retain copies of these documents. Luxair reserves the right to refuse carriage if a passenger disregards the applicable laws and directives or if the air carrier doubts the validity of the documents presented.
12.3 Entry ban
If a passenger is refused entry into a country, he or she is obligated to refund Luxair for any costs or fines that must be paid to the local authorities as well as the transportation costs in the case that the passenger must be transported elsewhere. Luxair can charge the customer for any further costs incurred in this context or retain monies paid by the passenger. Luxair shall not refund the price of the flight to the location at which the passenger was refused entry or at which he or she was required to leave.
12.4 Passenger liability in case of fines
If Luxair must pay or deposit fines or penalties or other expenditures are required because a passenger violates laws or provisions of a respective country either on purpose or unknowingly or if a passenger does not properly present the required documents, Luxair requires and the passenger is obligated to refund any amounts paid or expenditures made in this regard. Luxair is allowed to use the value of the unused carriage on the Luxair ticket or any monies that Luxair has already retained from the passenger to pay the outstanding charges or make any expenditures. The amount of the fine or penalty depends on the country and may exceed the amount of the flight price. It is in the interest of passengers to inform themselves about the entry conditions of each country in which they plan to travel and to comply with them.
12.5 Customs inspections
If necessary, passengers must be present when their baggage is inspected by customs or other authorities. Luxair is not liable for damages or losses that can occur in the context of such an inspection nor for the consequences if this requirement is not met.
12.6 Safety checks
Passengers are obligated to subject themselves to all safety checks implemented by national or airport authorities or by transportation companies.
12.7 Forwarding passenger Information
Luxair is entitled to forward the personal information of passengers and any booking information connected with the flight in the context of the contract for carriage to national and foreign authorities (i.e. particularly those in Canada and the USA) if they request this information due to applicable legal provisions and laws.
The liability of TUI fly and/or Luxair is based on the provisions specified in the GTCC.
Transportation is carried out in accordance with specific rules and conditions that Luxair must follow or are accepted by Luxair. These rules and conditions, which may change, affect the carriage of children travelling alone, expectant mothers and ill passengers as well as the use of electronic devices. These rules and conditions are available from Luxair by request.
For safety reasons, passengers on flights carried out by Luxair and Luxair Tours are not allowed to bring their own, unsealed alcoholic beverages with them in the cabin. Alcoholic beverage purchased in the duty free area of the airport at the departure location or in transit must be carried all the way to the point of arrival in transparent, sturdy, sealed bags, which are available in the duty free shops. The consumption of alcohol on board the aircraft is only allowed if the respective beverages are provided and served by Luxair personnel.
The consumption of alcohol purchased in a duty free shop and brought along in a sealed bag is prohibited. The same applies for alcoholic beverages purchased before boarding and brought on board by the passenger in either a sealed or unsealed condition. Violating this rule constitutes a violation of the code of conduct (unruly behaviour) and will be prosecuted accordingly.
The STCC of Luxair and the STCC of TUI fly contain all agreements between the passenger and TUI fly and supersede all previous agreements, regardless of whether such agreements were made verbally, by electronic means or in writing. In case of conflict between the Luxair STCC and the GTCC, the GTCC shall take precedence.
Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions.
The contractual relationship between the passenger and TUI fly shall be governed by the laws of the Federal Republic of Germany, irrespective of the passenger's nationality. Legal venue for registered business persons, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal venue agreement shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.
TUIfly Vermarktungs GmbH
30625 Hanover, Germany
HRB 55840 / Court of registration: District Court of Hanover
Tax ID: DE 171612631
Managing Directors: Olaf Petersenn, Stefan Baumert
last update: 08/03/2016