The terms and definitions used in these General Conditions of Carriage (hereinafter “G.C.C.”) have the following meaning:
“Agreed Stopping Places” means those places, except the place of departure and the place of destination, set out in Passenger Ticket/s or shown in our timetables as scheduled stopping places on Passenger route.
“Airline Designator Code” means the two-characters or three letters, which identify particular air carriers.
“Applicable Regulations” Means the rules applicable to air transport, whose text or summary is displayed at “Applicable Regulations” section of Lumiwings’s Web Site. These rules do not form part of the contract of carriage and are subject to changes from time to time by the competent regulatory and legislative authorities.
“Authorised Agent” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
“Baggage” Means such articles, effects and other personal belongings of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her trip, and which the Carrier undertakes to bring along with the passenger as an obligation accessory to the contract of carriage. Unless otherwise specified, the definition of baggage shall include both registered and undelivered baggage. Animals travelling with the passenger are considered baggage.
“Baggage Check” means those portions of Passengerr Ticket/s which relate to the carriage of Passengerr Checked Baggage.
“Baggage Identification” means a document issued solely for identification Tag” of Checked Baggage.
“Carrier” Means the legal entity that performs air carriage. Distinction must be made between the Marketing Carrier and the Operating Carrier. The Marketing Carrier is the carrier that issues the ticket as a party to the contract of carriage (agreed with a passenger or with a person who acts on behalf of the passenger), by which the transport of the passenger and/or of his/her baggage is performed or committed to be performed, and that is liable for default or partial performance of such carriage. The Operating Carrier is every carrier which, by agreement with or authorisation from the contracting carrier, actually provides carriage in whole or in part, but is not a successive carrier pursuant to applicable regulations.
“Checked Baggage” means Passengerr Baggage of which we take custody and for which we have issued a Baggage Check and/or a Baggage Identification Tag.
“Check-In Deadline” means the time limit specified by us by which Passenger must have completed check-in formalities and received Passengerr boarding pass.
“Conditions of Contract” means those statements contained in or delivered with Passengerr Ticket/s or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
“Conjunction Ticket” means a Ticket we have issued to Passenger with conjunction with another Ticket, which together constitute a single contract of carriage.
Consumer Means a passenger who has purchased an air carriage ticket for a purpose other than his/her professional or business activity in case performed.
“Convention” means whichever of the following instruments are applicable :
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the “Warsaw Convention”);
- the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No 2 of Montreal (1975);
- the Guadalajara Supplementary Convention (1961) (Guadalajara);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No 4 of Montreal (1975);
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999 (hereinafter referred to as the “Montreal Convention”).
“Coupon” means a paper Flight Coupon or an Electronic Coupon, entitling the named passenger to travel on the particular flight identified on it.
“Damage” includes death of, wounding of, or bodily injury to a Passenger, loss, partial loss, theft of or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
“Days” mean calendar days, including all seven (7) days of the week, it being clear that, for the purpose of notification, the day upon which notice is dispatched shall not be counted and that, for purposes of determining the validity of a Ticket, the day upon which the Ticket is issued or a flight commenced shall not be counted.
“Electronic Coupon” means an electronic flight coupon or an Electronic Ticket held in our database.
“Electronic Ticket” means the Itinerary/Receipt, the Electronic Coupons and, if applicable, a boarding document issued by us or on our behalf.
“Flight Coupon” means that portion of the Ticket that bears the notation “good for passage” or, in the case of an Electronic Ticket, the Electronic Coupon and indicates the particular places between which Passenger are entitled to be carried.
Flight or Travel Means the itinerary of the agreed carriage, which may consist of one or more segments.
“Force Majeure” means unusual and unforeseeable circumstances beyond Passengerr control, the consequences of which could not have been avoided even if all due care had been exercised.
IATA Means the International Air Transport Association, the trade association of which most of the world's commercial airlines are members. More information about IATA are available on the website www.iata.org.
ICAO Means the International Civil Aviation Organization, an agency of United Nations dealing with the regulation of civil aviation. More information about ICAO are available on the website www.icao.int.
“Itinerary/Receipt” means the document/s we issue to Passengers travelling on Electronic Tickets and which contain the Passenger’s name, flight information and notices.
“Passenger” means any person, except members of the crew, carried or to be carried by us in an aircraft pursuant to a Ticket.
“Passenger Coupon” or means that portion of the Ticket issued by us or on “Passenger Receipt” our behalf, which is so marked and is to be retained by Passenger.
“Registered Baggage (or delivered baggage, or cargo hold baggage)”
Means the baggage or the animal travelling with the passenger of which Lumiwings takes sole custody and for which the Carrier has issued a baggage check (so called baggage receipt).
“SDR” means a Special Drawing Right as defined by the International Monetary Fund.
Means each and every national, international or intercontinental leg of a flight
“Stopover” means a scheduled stop on Passengerr journey, at apoint between the place of departure and the place of destination.
“Tariffs” means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
“Ticket” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket, in both cases issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
Time Limit of Acceptance
Means the time limit by which check-in must be completed
“Transit Passenger” means a Passenger arriving at an airport for onward travel to another airport: (i) on the same flight from that airport; (ii) on a connecting flight from that airport; or
(iii) on a connecting flight from another airport.
Unregistered baggage (or undelivered baggage)
Means any baggage or animal travelling with the passenger that is not registered and, therefore, not consigned to the Carrier and that can be carried in the passenger cabin
Save as provided for in Articles 2.2, 2.4 and 2.5 below, our Conditions of Carriage apply only on those flights or flight segments in relation to which our name or Airline Designator Code is indicated in the carrier box of the Ticket/s where the name of the respective air carrier is to be indicated.
2.2. Charter Operations
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage shall apply only to the extent they are incorporated, by reference or otherwise, in such agreement or in Passengerr/s Ticket/s.
2.3. Code Shares
On some services Lumiwings has agreements with other carriers known as “Code Shares”, what means that, even if passengers has one or more reservations with Lumiwings he hold s one or more Tickets where Lumiwngs name or Airline Designator Code is indicated as the carrier, other carrier/s may operate the aircraft, but nevertheless his contract is with us. If that is the case, Lumiwings will inform passenger of the carrier/s operating the aircraft and the time passengers make his reservation/s and at the airport upon checking- in. In such situation, the level of service may be different and the “Airline Passenger Service Commitment” (an European Commitment to which most European airlines and European airports have adhered to) may not apply.
2.4. Overriding Law and Tariffs
These Conditions of Carriage are applicable unless they are conflict with Lumiwing’s Tariffs or any applicable law in which event such Tariffs or law shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.5. Prevail Over Regulations
Save as otherwise provided for in these Conditions of Carriage, in the event of conflict between same and any regulations Lumiwings may have dealing with particular subjects, these Conditions of Carriage shall prevail.
3.1.1. Carriage will only be provided upon proof of the Ticket. Lumiwings may ask the passenger to exhibit his/her Ticket, and/or the paper or electronic confirmation of acceptance on board (boarding card), at any time until the end of the trip. For security reasons, the Carrier has the right to check if the person presenting the Ticket is actually the person whose name appears on such Ticket. If the Ticket is presented by a person other than the passenger having the right to be carried or refunded, Lumiwings (subject to its right to withdraw the Ticket) will neither perform carriage nor refund the person who presents the ticket.
3.1.2. The Ticket/s is/are not transferable.
3.1.3. Some Tickets are sold with more restrictive fares, which do not allow any changes or refunding. Other fares do allow changes, with an associated cost, yet other fares are completely flexible. Passenger should choose the most appropriate fare for his case, by consulting the fare conditions before finalizing his purchase. Passenger should make sure that he has the most appropriate insurance to cover situations in which he might have to cancel Passengerr Ticket(s).
3.1.4. If Passenger has Ticket/s of the same kind as those indicated in Article 3.1.3 above, it/they has/have never been used and Passenger is not able to travel due to Force Majeure, Lumiwings will, provided that Passengers promptly advise Lumiwings and furnish evidence of such Force Majeure, provide Passenger with a credit of the non-refundable amount of the fare, for future travel on Lumiwings, but deducted of a reasonable administrative fee.
3.1.5. The Ticket is and remains at all times the property of the issuing carrier.
3.1.6. Except in the case of an Electronic Ticket, Passenger shall not be entitled to be carried on a flight unless he presents a valid Ticket containing the Flight Coupon for that flight and all for other unused Flight Coupons and the Passenger Coupon. Passenger will not be entitled to fly if his Ticket is mutilated or has been altered by someone other than our Authorized Agent or Lumiwings. In case of an Electronic Ticket, Passenger will not be entitled to fly if Passenger does not display a positive identification.
3.1.7. (a) In case of loss or mutilation of a Ticket (or part of it) or of presentation of a Ticket not containing the Passenger Coupon and all unused Flight Coupons, Passenegr may request Lumiwings to replace such Ticket (or part of it) and Lumiwings will issue a new Ticket, provided that Passenger proves, at that time, that a Ticket valid for the flight/s involved was duly issued and Passenger sign a declaration undertaking to reimburse us for any costs and/or losses, up to the value of the original Ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of such Ticket. Lumiwings will not claim reimbursement from Passenger for any such costs and/or losses if same result from Lumiwings own negligence. The issuing carrier may charge a reasonable administrative fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier or of one of it sales agent.
3.1.7. (b) Where such proof is not made or Passenegr does not sign such declaration, both as referred to in Article 3.1.7 a) above, the carrier to issue the new Ticket may require Passenger to pay up to the full Ticket price for a new Ticket, subject to refund if and when the carrier issuing the lost or mutilated Ticket is satisfied that same has not been used before respective expiration. If Passenger finds the original Ticket before respective expiration and he surrender it to the carrier issuing the new Ticket, the foregoing refund will be immediately processed.
3.1.8. The Ticket is valuable and Passenger should take the appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2. Period of Validity
3.2.1. Except as otherwise provided for in the Ticket, in these Conditions or in applicable Tariffs (which may limit the validity of a Ticket, in which case such limitation will be shown therein), a Ticket is valid for: a) one year from the date of its issuance; or b) subject to the first flight indicated therein having occurred within one year from the date of its issuance, one year from the date of such first travel.
3.2.2. If Passenger is prevented from travelling within the period of validity of hisTicket/s because Lumiwings is unable to confirm a reservation at the time Passenger request it to Lumiwings, the validity of such Ticket/s will be extended or Passenger may be entitled to a refund in accordance with Article 10 below.
3.2.3. If, after having commenced his journey, Passenger is prevented from travelling within the period of validity of hisTicket/s by reason of illness, Lumiwings may extend such period of validity until the date when he becomes fit to travel or until the date of Lumiwings first flight that, after such date, shall depart from the point where Passenger resume the journey and on which there will be space available in the class of service for which the fare has been paid. Such illness must be attested by an hospital admission certificate. If the Flight Coupons remaining in the Ticket/s, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date of recovery shown on such certificate. In such circumstances, Lumiwings shall similarly extend the period of validity of the Ticket/s of other members of Passenger’s immediate family accompanying him.
3.2.4. In the event of death of a Passenger en route, the Ticket/s of the person/s accompanying him/her may be modified by waiving the minimum stay or extending the respective validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Ticket/s and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
3.3. Use and Sequence of Coupons
3.3.1. The Ticket(s) Passenger has purchased is (are) valid only for the flight(s) mentioned in the Ticket(s), from the place of departure to the final destination, via any Agreed Stops. The fare Passenger has paid is based on Lumiwings’s Tariffs, which are an essential part of the contract we have made with Passenger, and is for the flight displayed on theTicket(s). For competitive reasons, in terms of different markets, the fares constructed for a given route with several travel coupons may come out cheaper than fares for a direct flight.
3.3.2. If Passenger wishes to change any aspect of Passengerr flight, he should contact Lumiwings until the time his flight departs, i.e., before the original departure time of his flight. If the fare Passenger has acquired allows changes, a recalculation will be made for the new trip, and Passenegr will be given the option to accept the new price or to keep Passengerr original flight as it appears in his Ticket(s). According to the provisions of article 3.1.4, should Passenger needs to change any aspect of his flight due to Force Majeure reasons, please contact Lumiwings as soon as possible, and Lumiwings - without recalculating the fare - will do its best to take Passenger to his next Agreed Stop or to his final destination.
3.3.3. If Passenger changes his flight without Lumiwings agreement, in accordance with the provisions of article 3.3.2 - should the fare allow so -, a recalculation will be made for his actual trip. Passenger will have to pay the difference between the price of the flight for which his Ticket(s) has (have) been issued, and the total price applicable to his revised trip. In the case of fully refundable tariffs, Passenger will be entitled to the difference between the amount initially paid and the current amount, should this be lower.
3.3.4. Please be aware that while some changes do not require change of fare, others, such as changing the place of departure (for example if Passenger does not fly the first segment) or reversing the direction of the travel, may require an increase in price. Many fares are valid only on the dates and for the flights shown on Passenger’s Ticket/s, and may not be changed at all or may only be changed upon payment of an additional fee.
3.3.5. Each Flight Coupon contained in Passenger Ticket/s will be accepted for transportation in the class of service, on the date and for the flight for which reservation/s has/have been made. If a Ticket has been issued without specifying a reservation, space may be reserved later, but subject, however, to our Tariffs and to the availability of space on the requested flight.
3.3.6. Please be advised that, in the event Passenger does not show up for any flight without having advised Lumiwings in advance, Lumiwings may cancel his return or onward reservation/s, However, if Passenger does advise Lumiwings in advance, Lumiwings will not cancel the reservation/s for his subsequent flight/s, and Lumiwings will proceed in accordance with the provisions of article 3.3.2 and /or 3.3.3.
3.4. Name and Address of Carrier
Lumiwings’s name may be abbreviated to its Airline Designator Code or otherwise, in the Ticket/s. Lumiwings address shall be deemed to be the airport of departure shown opposite the first abbreviation of Lumiwings name in the carrier box in the Ticket/s or, in the case of an Electronic Ticket, as indicated for Lumiwings first flight segment in the Itinerary/Receipt.
FARES, TAXES, FEES AND CHARGES
Save as otherwise provided for, fares apply only for carriage from the airport at the point of departure to the airport at the point of destination. Fares do not include neither transport service between other airports nor between airports and town terminals. Passenger fare will be calculated in accordance with Lumiwings Tariff in effect on the date of payment of the Ticket/s for travel on the specific dates and itinerary shown on it/them. Once Passenger’s Ticket/s has/have been paid for, and unless Passenger changes his itinerary and/or the date/s o fhis flight/s and/or the class/es of service referred to therein, no fare increases relating to the reserved date of flight and/or the class of service will be applied.
4.2. Taxes, Fees and Charges
Passenger is responsible for the payment of all applicable taxes, fees and charges imposed by a Government or other authority or by the operator of an airport. At the time Passenger purchase its Ticket/s, which will normally show separately most of the taxes, fees and charges included therein, Passenger Passenger be advised of any taxes and/or fees and/or charges not included therein. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed and/or modified after the date of issuance of the Ticket/s. If there is an increase in any tax and/or fee and/or charge shown on his Ticket/s Passenger shall pay it. Likewise, if any new tax and/or fee and/or charge is imposed even after the date of issuance of Passenger Ticket/s, he shall pay it. Similarly, in the event any tax and/or fee and/or charge which Passenger has paid to Lumiwings is abolished or reduced such that it no longer applies to Passenger or a lesser amount is due, Passenger will be entitled to claim are fund.
4.2.1 Depending on the purchasing method chosen (Authorised Agents, Contact Center operators, tickets offices, etc.), it can be applied a fee for the sale service and or issuance of the Ticket (so called Ticketing Fee).
Fares, taxes, fees and charges are payable in the currency of the country in which Passengerr Ticket/s is/are issued, unless another currency is indicated by Lumiwings or its Authorized Agent, at or before the time of its/their payment (for example, because of the non- convertibility of the local currency).Lumiwings may at its discretion accept payment in a currency different from the one of the country in which Passengerr Ticket/s is/are issued.
5.1. Reservation Requirements
5.1.1. Lumiwings or its Authorized Agent will record Passenger reservation/s. At Passenger request Lumiwings or its Authorized Agent will provide Passenger with written confirmation of his reservation/s.
5.1.2. Certain fares have conditions which limit or exclude Passengerr right to change or cancel reservations.
5.2. Limit Times for Issuing Tickets
If Passenger does not pay his Ticket(s) within the time limit set by Lumiwings or by its Authorized Agent, Lumiwings may cancel Passenger reservation(s). Subject to applicable time limits, Lumiwings will allow Passenger to: a) to maintain, for at least twenty-four (24) hours, a telephone reservation made directly with Lumiwings and for which Lumiwings does not require Passenger to pay for the Ticket(s); or b) cancel a reservation within 24 hours after its payment, subject to the application of a fee.
5.3. Personal Data
Passenger recognises that the personal data that Passenger given Lumiwings were so given for the purposes of making one or more reservations, issuing one or more Tickets and obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to governmental agencies, in connection with Passenger travel. For such purposes, Passenger authorise us to retain and use such data and to transmit same to our offices and/or subsidiaries and/or Authorised Agents and/or governmental agencies and/or other Carriers and/or the providers of the above mentioned services and/or credit and other payment card companies and/or data processors working for us.
5.3.1. The personal data provided and collected will be processed by Lumiwings S.A. registered office in 24, A.Koumbi Str., Markopoulo, 19003 Greece, VAT Code EL800699132
5.3.2. The data is needed for the travel contract. It is not possible to provide this service without the requested personal data.
5.3.3. The data is used for managing bookings, issuing tickets, providing transport services, and facilitating emigration and entry procedures.
5.3.4. Personal data is shared, for the purposes stated, with legally competent authorities, government departments, authorised agents, airports, other carriers, service providers, credit agencies and credit card companies.
5.3.5. Provision of the requested service involves transferring Passengerr personal data to third countries (which are not members of the European Union or the European Economic Area). In these circumstances, Lumiwings takes all necessary and appropriate measures in accordance with applicable laws, to ensure the protection of all personal data that is subject to this international transfer. Whenever booking travel to a destination/country that requires the transmission of Passengerr data, Lumiwings S.A. informs Passenger at the moment of booking and offers Passenger the opportunity to seek more information about the measures in place to protect Passengerr data, as well as how to get copies of these measures.
5.3.6. The personal data gathered is stored in databases created specifically for this purpose and is kept for the legally applicable period.
5.4.1. The prior reservation of seating is a facultative service, only available on flights operated by Lumiwings.
184.108.40.206. Advance seat reservation allows Passenger to choose a given seat, in a preferred area of the aircraft, on domestic flights and international flights. Depending on the type of tariff, this pre-booking can have charges.
5.4.2. At the time of the check-in, in person or online, a seat will be automatically and randomly attributed without cost. If Passenger does not want this and wish to change the seat, depending on the characteristic of the seat and of the tariff acquired, this may be charged.
5.4.3. At any time, even after embarkation, for technical or operational reasons, Lumiwings may have to attribute seats other than those initially chosen/attributed. If seating with inferior characteristics to those acquired are attributed, Lumiwings will repay Passenger the amount of the difference. If Passenger cancel the service, the amount will not be reimbursed, but Lumiwings will allow Passenger to use the document within the period of validity, for payment of the same service. If, when purchasing a seat, Passenger provided incorrect declarations about Passengerr condition, the amount paid will not be reimbursed.
5.5. Reconfirmation of Reservations
Passenger’s onward and/or return reservation/s may be subject to the need of reconfirmation within specified time limits. When Passenger will have to reconfirm his reservations, Lumiwings will inform Passenger on when, how and where it shall be done. If Passenger is required to reconfirm his reservation/s and he fail to so do,Lumiwings may cancel Passenegr’s onward and/or return reservation/s. However, if Passenger advise Lumiwings that he still wish to travel on the flight/s he had reservation/s for, Lumiwings will, if there is space available on such flight/s, reinstate his reservation/s. If there is no space available on such flight/s, Lumiwings will do our best to transport Passenger to his next or final destination.
5.5.1. Passenger should check the reconfirmation needs of any other Carriers involved in Passengerr journey with them. When needed, Passenger must reconfirm his reservations with the Carrier whose code appears for the flight in question on theTicket.
5.6. Cancellation of Reservations
Please be advised that, in the event Passenger does not show up for any flight without having advised Lumiwings until the time Passengerr flight departs, Lumiwings may cancel Passenger return or onward reservation/s. However, if Passenger does advise Lumiwings in advance, Lumiwings will not cancel the reservation/s for Passenger subsequent flight/s, and Lumiwings will proceed in accordance with the provisions of article
3.3.2 and/or 3.3.3.
CHECK-IN AND BOARDING
6.1. Check-in Time
6.1.1 The time limit for passenger check-in is different at each airport. Therefore, the passenger must find out about applicable time limits and respect them. In any case, Lumiwings or its Authorized Agents will provide the passenger with information on the time limit for check-in of the first flight shown on the Ticket.
Passenger journey will be smoother if Passenger allow himself ample time to comply with the Check-in Deadline/s. Lumiwings reserve the right to cancel Passenger reservation/s if Passenger does not comply with the Check-in Deadline/s indicated. Lumiwings or its Authorised Agents will advise Passenger of the Check-in Deadline for his first flight with Lumiwings. For any subsequent flight/s in Passenger journey, Passenger should inform himself of the Check-in Deadline/s. Check-in Deadlines for Lumiwings flights can be found in Lumiwings timetables or may be obtained from Lumiwings or our Authorised Agents.
6.1.2 If the passenger does not respect the time limit for check-in Lumiwings will not be obliged to transport the passenger and may cancel the booking of the first flight as well as of subsequent flights, always provided the application of Fare Rules regarding changes and refunds (available on Lumiwings’s Web Site or communicated by Contact Center operators, ticket offices and Authorized Agents) and without prejudice to the above article 3.3.1.
6.2. Boarding Time
6.2.1. Passenger must present himself at the boarding gate not later than the time specified by Lumiwings when he check-in.
6.2.2. If the passenger does not arrive at the boarding gate by the prescribed time Lumiwings will not be obliged to transport the passenger and may cancel the booking of first flight as well as of subsequent flights, always provided the application of Fare Rules regarding changes and refunds and without prejudice to the above article 3.3.1.
6.2.3. In order to check in and board a flight, the passenger shall hold all of the documents to enter and leave the country, visas required for the trip, sanitary and vaccine certificates, along with proof of fitting requirements for special tariffs purchased, if any. Such documents shall be valid during the operation and for the entire course of the flight.
Lumiwings will not be liable for any losses or expenses Passenger may incur due to Passengerr non- compliance with the provisions of this Article 6.
REFUSAL AND LIMITATION OF CARRIAGE
7.1. Right to Refuse Carriage
If Lumiwings has notified Passenger in writing that Lumiwings will never carry Passenger again on Lumiwings’s flights, Lumiwings may, in accordance with its free and reasonable understanding, refuse to carry Passenger and/or his Baggage. In such circumstance, Passenger will be entitled to a refund.
Lumiwings may refuse to carry, interrupt carriage or continuation of carriage of, any passenger and/or his/her baggage for security reasons, or if:
a) it is necessary to comply with laws, regulations, or rules of any country of departure, destination, or overflight;
b) it is necessary upon written request of an authority of the country of departure, transit or destination;
c) the carriage of the passenger and/or his/her baggage could constitute a threat to the security, health, hygiene, or the good order on board the aircraft;
d) passenger’s conduct, age, physical or mental state are such as to: (i) materially affect the comfort of, or provoke justified complaints from, the other passengers; or (ii) endanger himself/herself or other persons or goods;
e) it is justified by the passenger's failure to follow instructions duly provided by Alitalia regarding security, compliance with legal provisions or regulations regarding the flight, or if the passenger is responsible for illegal or undisciplined conduct on a previous flight and there is risk that such conduct may be repeated;
f) the passenger has refused to submit to security checks;
g) the applicable fares, taxes and any other accessory expense have not been paid, or if the passenger is not in possession of valid travel documents;
h) the passenger does not hold valid travel documents required to enter a transit country of the flight or the final country of destination of the flight;
i) the passenger has destroyed his/her travel documents during the flight or has refused to show them to flight crew;
j) the ticket presented by the passenger: (i) was obtained illegally or was purchased from a party other than Lumiwings or one of its Authorized Agents; or (ii) was reported as lost or stolen; or (iii) was counterfeit; or (iv) was altered or made incomplete by a party other than Lumiwings or one of its Authorized Agent; (v) is in the name of a person other than the person who presents the ticket; (vi) was purchased fraudulently, being understood that in such cases Alitalia reserves the right to withdraw the ticket;
k) the passenger has not respected the requirements referred to in these G.C.C., or in Fare Rules concerning Ticket use and/or transport of baggage and animals travelling with him/her.
7.2. Special Assistance
Acceptance for carriage of unaccompanied children, disabled persons, pregnant women, persons with illness or other persons requiring special assistance is subject to prior arrangement with Lumiwings. If such passengers have informed Lumiwings of any special requirements at the time of issuance of their Ticket/s and such requirements have been accepted by Lumiwings, they shall not subsequently be refused carriage on the basis of their respective conditions or special requirements.
7.2.1. Subject to Article 7.2 above, if Passenger are a Passenger requiring a wheelchair and provided that Passenger (or someone on his behalf) declares that Passenger is self- sufficient and capable of, independently, taking care of his physical needs in flight (namely in what refers to health, safety and hygiene), Passenger will be allowed to travel unescorted and we will be under no obligation to provide Passenger on-board assistance which contravenes, in anyway, whatever has been declared by Passenger or on Passengerr behalf as per hereinabove.
8.1. Free Baggage Allowance
8.1.2 Subject to our conditions and limitations, about Passenger will be provided information by Lumiwings or by its Authorised Agents (number/item/weight and dimensions) at Passenger request, Passenger may transport some luggage free of charge. The quantity of free luggage is defined based on the ticket price.
8.1.2 The hand Baggage and other belongings that the passenger may take on board must be located under the seat in front of the passenger (except for emergency seats) or in the compartments of the passenger cabin. In any case hand baggage and other belongings must have measures, weight, shape and dimensions compliant with the Carrier’s policy.
8.1.3 Lumiwings reserves the right to prohibit carriage in the cabin of hand Baggage or other passengers’ belongings: (i) whose measures, weight, shape, and/or dimensions are non-compliant with Lumiwings’s policy; (ii) being in conflict with the security requirements of carriage in the cabin; or (iii) in case of problems of aircraft balance or space on board. Hand Baggage and other passengers’ belongings not allowed in the cabin will be carried as Registered Baggage.
8.2. Excess Baggage
The carriage of baggage in excess of the free baggage allowance is subject to the payment of a fee. If the flight is operated by another carrier, the rates, terms and conditions of transportation may be dictated by the carrier, and so these should be consulted. At Passenger request, Lumiwings or itsAuthorised Agents will inform Passenger on such fees.
8.3. Articles not acceptable as Baggage
8.3.1. Passenger must not include in Passengerr Baggage:
220.127.116.11. items which are likely to endanger the aircraft or persons or property on board of it, such as those specified in the International Civil Aviation Organisation’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association’s (IATA) Dangerous Goods Regulations, and in our regulations (further information will be provided by Lumiwings to Passenger on request);
18.104.22.168. items the carriage of which is forbidden by the applicable laws, regulations or orders of any State of departure or destination or we reasonably believe that may affect the safety and/or security of the aircraft or of any person on board of it;
22.214.171.124. Items which, taking in consideration, namely the type of aircraft being used, are reasonably considered by Lumiwings as unsuited for carriage, because they are dangerous or unsafe or because of their weight, size, shape, nature or because they are fragile or perishable. At Passenger request, Lumiwings will inform Passenger on unacceptable items.
8.3.2. Firearms, ammunitions and other weapons other than for hunting and sporting purposes are forbidden to be carried as Baggage. Firearms, ammunitions and other weapons for hunting and sporting purposes may be accepted as Checked Baggage, but, for such purpose, Passenger shall, at the time Passenger make Passengerr reservation/s, inform Lumiwings of Passenger intention to carry them and show us all the necessary documents. All such weapons must be unloaded, with the safety catch on and suitably packed. The carriage of ammunitions is subject to ICAO’s and IATA’s regulations as specified in Article 126.96.36.199 above.
8.3.3. Weapons, such as antique firearms, swords, knives and similar items may, at Lumiwngs discretion, be accepted as Checked Baggage, but will not be permitted in the cabin of the aircraft.
8.3.4. Money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, glasses, contact lenses, prostheses and any type of orthopedic devices, business documents, passports and other identification documents and samples must not be included in Passenger Checked Baggage.
8.3.5. If, despite their carriage is forbidden or despite they are unacceptable for carriage, Passenger include in his Baggage any items referred to in Articles 8.3.1 and 8.3.2 above, Lumiwings shall not be responsible for any losses or damages relating to such items.
8.3.6. Lumiwings shall not be liable for any damages caused to Passenger surf board during carriage, if at the time the checked surf board is handed over to Lumiwings it is already packed by Passenger and Passenger doesn’t permit Lumiwings’s employees or agents to inspect it.
8.4. Right to Refuse Carriage
8.4.1. Subject to Articles 8.3.2 and 8.3.3 above, Lumiwings will refuse to carry as Baggage or Checked Baggage, as the case may be, the items described in Article 8.3 above and Lumiwings may refuse to continue the carriage of any such items upon discovery of same.
8.4.2. Lumiwings may refuse to carry as Baggage any item reasonably considered by Lumiwings as unsuited for carriage due to its size, shape, weight, content, nature or due to safety, security or operational reasons or the comfort of the other passengers. At Passenger request, Lumiwings will inform Passenger on unacceptable items.
8.4.3. Lumiwings will refuse to accept for carriage any item that, in its reasonable opinion, is not properly and securely packed in suitable containers. At Passenger’s request, Lumiwings will inform Passenger on packs and containers unacceptable by Lumiwings.
8.5. Right of Search
For reasons of safety and security, Lumiwings may ask Passenger to permit a search and/or a scan of Passengerr person and a search and/or a scan and/or X-ray of Passengerr Baggage. Notwithstanding the provided for hereinabove, Passengerr Baggage may be searched and/or scanned and/or X-rayed in Passengerr absence for the purpose of determining whether it contains any of the items described in Article 188.8.131.52 and 184.108.40.206. If Passenger are not willing to comply with our request to permit a search and/or a scan of Passengerr person and/or a search and/or a scan and/or X- ray of Passengerr Baggage, Lumiwings may refuse to carry Passenger and/or Passengerr Baggage. In the event a search and/or a scan causes Damage to Passenger and/or an X-ray and/or a search and/or a scan causes Damage to Passengerr Baggage, we shall not be liable for such Damages unless same are due to any fault or negligence on our part.
8.5.1. For reasons of safety and/or security Passenger’s baggage may be opened and searched, as long as there is the suspicion of containing any of the items described on the General Conditions of Carriage (Passenger and Baggage) or any other items which carriage is forbidden by any applicable law or regulation in force.
8.5.2. Passenger permission to baggage searching as set forth in article 8.5.1 above is implied with the purchase of a ticket by Passenger.
8.5.3. Any damages occurred on Passenger baggage as a result of a search, will be under Passenger responsibility.
8.5.4 If necessary search may be extended to Passenger and Passenger’s personal belongings.
8.6 Checked Baggage
8.6.1 Upon delivery to Lumiwings of Passenger baggage that wish to check-in, same will be under Lumiwings custody and Lumiwings shall issue a Baggage Identification Tag for each piece of Passenger Checked Baggage.
8.6.2 Each item of Passenger Checked Baggage must have Passengerr personal identification, which will include, at least, Passenger name.
8.6.3 Unless Lumiwings decide for safety, security or operational reasons to carry Passenger Checked Baggage on another flight, same will, whenever possible, be carried on the same aircraft as Passenger . Unless applicable law requires Passenger to be present for customs clearance, we will deliver to Passenger his Checked Baggage carried on another flight.
8.7 Unchecked Baggage Due to legal and/or governmental requirements and requirements related with equipment, there are restrictions with regard to the transportation of the luggage Passenger take with Passenger into the aircraft. The number of items and/or maximum weight of the luggage varies, and so, on request , Lumiwings or its Authorised Agents will give Passenger all the necessary information. The Baggage Passenger carry with him onto the aircraft must fit under the seat in front of Passenger or in a storage compartment in the cabin of the aircraft. If, for any reason, such baggage cannot be storage as indicated above or if it is too heavy or if it is considered unsafe it must, if possible, be carried as checked baggage.
8.7.1 Items not suitable for carriage in the cargo compartment (such as delicate musical instruments) and which do not meet the requirements in Article 8.7.1 above, will only be accepted for carriage in the cabin compartment if Passenger has given Lumiwings advance notice and Lumiwings have consented. As Passenger may have to pay a separate fee for this service, please ask Lumiwings or its Authorised Agents for details.
8.8 Collection and Delivery of Checked Baggage
8.8.1 Subject to Article 8.6.3 above, Passenger shall collect his Checked Baggage as soon as it is made available at Passenger destination or Stopover. Should Passenger not collect it within a reasonable time, Lumiwings may charge Passenger a storage fee. Should Passenger Checked Baggage not be claimed within three (3) months from the date it is made available, Lumiwings may dispose of it without any liability to Passenger.
8.8.2 Only the bearer of the Baggage Check (if one has been issued) and the Baggage Identification Tag is entitled to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check (if one has been issued) and to identify the Baggage by means of a Baggage Identification Tag, Lumiwings shall only deliver the Baggage to such person on condition that he or she establishes to Lumiwings satisfaction his or her right to same.
If Lumiwings agree to carry Passengerr animals they will be carried as Checked Baggage and subject to the following conditions:
8.9.1 Passenger must ensure that the animals, such as dogs, cats, are properly crated and accompanied by valid documents, namely health and vaccination certificates, entry permits and other documents required by the Countries of exit, entry or transit, failing which they will not be accepted for carriage. Such carriage may be subject to other conditions specified by Lumiwings, which will be made available to Passenger on request;
8.9.2 if accepted as Baggage, the animal, together with its container and food, shall not be included in Passenger free Baggage allowance, but shall constitute excess baggage, for which Passenger will have to pay the applicable rate;
8.9.3 guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free Baggage allowance, but their carriage is subject to the conditions specified by us and which will be available to Passenger on request;
8.9.4 without prejudice to the liability rules of the Convention or of other applicable law and unless Lumiwings have been negligent, Lumiwings shall not be responsible for injury to or loss, sickness or death of an animal which we have agreed to carry;
8.9.5 Lumiwings will have no liability in respect of any such animal not having all necessary exit, entry, health and other documents with respect to the animal’s exit from, entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed on or incurred by us as a result.
SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1.1 Lumiwings will make every effort to keep to the timetables indicated on the ticket.
9.1.2 Failure to keep to those timetables will only occur for operational or functional reasons. Lumiwings will keep Passenger informed of any alterations provided Passenger have provided Lumiwings with a contact number.
9.2. Cancellation, Delays, Denied Boarding, Rerouting, Etc.
The regulations apply to:
- passengers departing from an EU airport, or departing from an airport of a third party country with an EU airline/carrier arriving to an EU airport;
- passengers with a confirmed booking for the flight;
- passengers present at check-in by the time indicated (except in the case of a cancelled flight) or if the time is not indicated, passengers present at check-in at the latest 45 minutes before the departure time;
- passengers with a ticket with a fare available to the public.
9.2.3 Flight delays
In accordance with EU regulations, a delay is considered when a flight is delayed with respect to the envisaged departure time by at least 4 hours for flights of more than 3500 km, at least 3 hours for flights of between 1500 km and 3500 km and for flights of more than 1500 km within the EU, and by at least 2 hours for flights of up to 1500 km. If a long delay is expected, Passenger have the right to assistance from the carrier.
This assistance includes meals and drinks in relation to the duration of the delay, a hotel arrangement, if required, and the possibility of two short telephone calls, faxes or emails. The carrier is not obliged to provide this assistance if the provision of this assistance would cause a further delay. In the case of delays of more than 5 hours, Passengerhasthe right, within 7 days, to reimbursement of the ticket for the parts not used, or even the parts of the ticket used if the purpose of the trip has been compromised and, if required, to transport to the trip starting point.
In accordance with the EU regulations, Passenger do has the right to monetary compensation if the flight is delayed at arrival for equal to or greater than 3 hours if the flight is not delayed as a result of exceptional circumstances which, in any case, could not have been prevented.
9.2.4 Denied boarding
Denied boarding is the refusal from an air carrier to carry a passenger on a flight, although he/she has presented himself for boarding respecting the conditions indicated in the previous paragraph ‘‘Application’’, except when there are reasonable grounds to refuse carriage such as reasons of health, safety or security, or inadequate travel documentation.
When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. In addition, in the event of voluntary boarding denial, the airline shall offer either the full refund of the ticket within seven days or the rebooking, under comparable transport conditions, onto an alternative flight to his/her final destination at the earliest opportunity or at a later date at the passenger’s convenience, subject to availability of seats.
In the event of denied boarding without the passenger’s consent, the airline shall offer:
a choice between the refund of the ticket within seven days and the rebooking, under comparable transport conditions, onto an alternative flight to their final destination at the earliest opportunity or at a later date at the passenger’s convenience, subject to availability of seats;
assistance as in case of delayed flight;
immediate compensation as follows:
a) Eur 250 for all flight itineraries below 1500km;
b) Eur 400 for all flight itineraries within EU above 1500km and for all other itineraries between 1500km and 3500km;
c) Eur 600 for all extra European flight itineraries above 3500km.
Compensation may be reduced by 50% when passenger is offered the chance to be rebooked onto an alternative flight whose arrival time does not exceed two (a), three (b) or four hours (c) compared to the arrival time of the originally booked flight.
Compensation will be paid in cash by bank transfer, paying money in or bank cheque or, upon agreement with the passenger, by travel vouchers and/or other services.
9.2.5 Cancellation of the flight
If a flight for which Passenger hasa confirmed booking is cancelled, Passenger has the right to assistance, reimbursement or, as an alternative, re-accommodation. In certain cases, Passenger also have the right to monetary compensation.
In accordance with the EU regulations, Passenger do not have the right to monetary compensation if the flight is cancelled as a result of exceptional circumstances which, in any case, could not have been prevented even if all the necessary precautions has been taken e.g. bad weather, political instability, strikes, safety and security risks or unforeseeable safety and security shortcomings.
Furthermore, Passenger has not the right to receive monetary compensation if Passenger has been informed in advance about the cancellation and if:
- the cancellation has been notified at least 14 days before the departure;
- the cancellation been notified between 14 and 7 days before the departure and the new departure time is not more than 2 hours before the original departure time and the new arrival time is not more than 4 hours before the original arrival time.
The cancellation been notified less than 7 days before the original departure date and the new departure time is not more than one hour before the original departure, and the new arrival time is not more than 2 hours after the original arrival time.
9.3 Upgrading and Downgrading
If Lumiwings places Passenger in a class of service higher than that shown in Passenger’s Ticket, Lumiwings shall not require any additional payment from Passenger. If Lumiwings place Passenger in a class lower than that shown in Passenger’s Ticket, Lumiwings shall, within seven Days, reimburse Passenger (in cash, by electronic bank transfer, bank order, bank check or, with Passenger written agreement, in travel and/or other services vouchers) as follows: a) 30% of the price of Passenger Ticket - for all flights up to 1,500 kilometers;or b) 50% of the price of Passenger Ticket - for all intra-Community flights of more than 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; or c) 75% of the price of Passenger Ticket - for all flights not falling under paragraphs a) and b) above.
9.4 Several Airports
Whenever a city or region is served by several airports and, in accordance with Articles 9.2.2, 9.2.4 and 9.2.5, Lumiwings offer Passenger a flight to an alternative airport in relation to the one Passenger had Passenger reservation, Lumiwings shall bear the cost of Passenger transference from such alternative airport to the airport for which Passenger had Passenger reservation or to a nearby destination Passenger have agreed with Lumiwings.
Without prejudice to the specially foreseen in these Conditions or in any applicable law and subject to our applicable fare rules or Tariffs, Lumiwings will refund a Ticket or any unused portion of it and, as well, any taxes, fees and charges, as follows:
10.1.1 save as otherwise foreseen in this Article 10, to the person designated in the Ticket or, provided it is proved that its payment has been made by another person, to such person;
10.1.2 If a Ticket has been paid for by a person other than the Passenger designated therein and the Ticket indicates that there is a restriction on refund, we shall refund it only to the person who has paid for it.
10.2 Right to Refuse Refunds
10.2.1 Without prejudice to the provided for in any applicable law, Lumiwings may refuse to refund a Ticket when the request has been made after the expiration of respective validity period.
Lumiwings reserve the right to make a refund in the same manner and the same currency used to pay for Passengerr Ticket/s.
10.4 Time Periods for Refunds
Subject to all the previously provided for in this Article 10 and without prejudice to the specially foreseen in these Conditions, if Passenger are entitled to the refund of a Ticket purchased directly from Lumiwings, Lumiwings shall refund it to Passenger within seven (7) business days, if it has been purchased with a credit card, or within twenty (20) business days, if it has been purchased with cash or a bank check.
10.4.1 If Passengerr Ticket/s is/are non-refundable and it/they has/have not been used, Lumiwings shall, subject to the applicable law, reimburse Passenger of the taxes, fees and charges collected with the fare and shown therein.
CONDUCT ABOARD AIRCRAFT
11.1. The Captain of the flight is in command of the aircraft and is authorized to act as he/she believes necessary in order to ensure a safe flight. Every person on the aircraft, both passengers and crew, must follow the Captain’s orders. The Captain is also authorized to act as he deems necessary for safety towards passengers whose behavior, physical or mental state are deemed dangerous for the safety of the flight. The passenger will be liable to the Carrier and third parties for all damages caused by his/her behavior.
11.2. If a passenger aboard the aircraft: (i) endangers the safety of flight; (ii) disturbs the other passengers and the crew or behaves so as to cause inconvenience to them; (iii) causes damage to the aircraft and/or carried passengers and goods; (iv) obstructs the crew in the performance of its duties; (v) disregards the crew's instructions about proper behaviors on board or respect of procedures, the Carrier may take appropriate measures to prevent or limit continuation of such conduct, including restraint within legal limits, and may disembark or refuse to embark, or refuse to continue the carriage of, the passenger concerned.
11.3. The passenger undertakes to follow Carrier's instructions that, for reasons of flight safety, prohibit or limit the on-board use of electronic devices such as, for example only: cell phones, portable computers, portable recorders, portable radio devices, CD players, electronic games, receiver-transmitter devices, including remote-controlled or radio-controlled toys and walkie-talkies.
The above does not include medical devices such as hearing or breathing aids or pacemakers essential to the passenger's health. Nevertheless the passenger has to check in advance whether such devices are admissible, by calling the Contact Center.
11.4. Smoking is prohibited on all Lumiwings’s flights. Violation of this prohibition will lead to sanctions prescribed by law, notwithstanding Lumiwings’s right to claim damages incurred by such violation. In conformity with IATA procedures the prohibition to smoke also extends to electronic cigarettes starting from 1 April 2013.
12.1.1 Passenger are responsible for obtaining all the required travel documents and visas and for complying with all regulations, laws, decisions, demands, travel requirements and rules or instructions of the countries from or into which Passenger will fly or through which Passenger will transit.
12.1.2 Lumiwings shall not be liable to any Passenger for any consequences arising from the fact that he/she doesn’t have the documents or visas referred to in Article above or that he/she doesn’t comply with all regulations, laws, decisions, demands, travel requirements and rules or instructions referred to in same Article.
12.2 Travel Documents
Prior to travel, Passenger must present us all the documents, of exit, of transit, of entry, of health and other documents required by law, regulation, decision or other rules of the involved countries, Passenger shall allow Lumiwings to make and retain copies thereof and, if so requested, Passenger shall deposit Passenger passport or equivalent travel document with a member of the crew of the aircraft until the end of the flight. Lumiwings reserve the right to refuse Passenger carriage if Passenger don’t comply with such requirements or if Passenger travel documents appear not to be in order.
12.3 Refusal of Entry
If Passenger is denied entry into a country, Passenger will be responsible for the payment of any fine, penalty, sanction or charge imposed on Lumiwings by any governmental agency of the involved country, for the payment of any detention costs that may be imposed on us, for the payment of any costs that we may reasonably pay or agree to pay and for the cost of transporting Passenger from such country. The amount collected for Passengerr carriage until the point where Passenger have been denied entry shall not be refunded by us.
12.4 Passenger’s Responsibility for Fines, Detention Costs,Etc.
If Lumiwings has to pay any fine, penalty, fee, charge, sanction or costs or to incur any expense, by reason of Passenger failure to comply with laws, regulations, decisions, demands or other travel requirements of the involved countries or of Passenger non presentation of the necessary documents, Passenger must, on demand, reimburse us of any amount so paid or expend. Any value of any unused carriage on Passengerr Ticket and/or any funds of Passenger in Lumiwings possession, may be taken into consideration by Lumiwings towards such reimbursement.
12.5 Customs Inspection
If required, Passenger shall be present at the inspection of Passenger Baggage by customs or other Government officials. Lumiwings shall not be liable to Passenger for any losses or damages that Passenger may suffer in the course of such inspection or due to Passenger non presence at same.
12.6 Security Inspection
Passenger shall submit and Passenger shall allow Passenger Baggage to be submitted to any security checks by us or by officers of Governments, airports or Carriers.
LIABILITY FOR DAMAGE
The liability of Lumiwings S.A. and of each Carrier involved in Passenger journey will be determined in accordance with respective Conditions of Carriage. Lumiwings liability provisions are the following ones:
The applicable limits of liability for your journey on a flight operated by Lumiwings are as follows:
- There are no financial limits to the liability for proven damages sustained in the event of Passenger injury or death caused by an accident on board the aircraft or during embarking or
- For any damages up to and including 113,100 SDRs (exchange rate approximately EUR 131,083*) the Carrier shall not exclude or limit its liability.
The Carrier shall not be liable for damages to the extent that they exceed 113,100 SDRs (exchange rate approximately EUR 131,083*) if the Carrier proves that:
- such Damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or
- such Damage was solely due to the negligence or other wrongful act or omission of a third party;
Except in the case of acts or omissions done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, in the case of destruction, loss of, or Damage or delay to Baggage, up to 1,288 SDRs (exchange rate approximately 1,601.88€*) and, if the value of your Baggage is greater than this limit, you should inform the Carrier at check in or ensure that it is fully insured prior to travel;
In the case of delay to your journey, up to 5,346 Special Drawing Rights (exchange rate approximately 6,648.79€*);
If your journey also involves Carriage by other Carriers, you should contact them for information in relation to their liability The present notice is pursuant to the requirements of Regulation (EC) No. 889/2002. If your journey also involves Carriage by other Carriers, you should also contact them for information in relation to their liability limits. For clarity, Lumiwings uses the contractual forms in use for international air Carriage, such as, for example, code share, wet lease and so on. In the context of such contractual forms of Carriage, the flight may be operated by a Carrier or Carriers other than Lumiwings (Operating Carrier(s)). In this case, also the general conditions of Carriage of the Operating Carrier(s) will apply. They can be found on the Lumiwings website during the purchase process or on the said Carrier’s or Carriers’ website(s). If there is a difference between Lumiwings's conditions of contract and general conditions of Carriage and those of the Operating Carrier(s), the latter will prevail. As the contractual Carrier of the air Carriage service, Lumiwings will be responsible for informing the Passenger of the identity of the Operating Carrier(s), acting as the Contractual Carrier in accordance with the applicable Regulations. Only in the different case of successive Carriage, i.e. when the Passenger and Lumiwings agree that the Carriage shall be performed by several successive airlines, including Lumiwings, as a single Carriage, these conditions of contract and general conditions of Carriage will apply only to the Carriage performed by Lumiwings, both in the case that only one Ticket is issued and when a “conjunction” Ticket is issued, i.e. in conjunction with another ticket, which together are recorded in a single contract of Carriage.
CLAIMS AND ACTIONS
14.1 Claims concerning Baggage
14.1.1 Unless Passenger prove otherwise, the acceptance of Checked Baggage by the bearer of the Baggage Check without complaint at that time is sufficient evidence that the Checked Baggage has been delivered to him/her in good conditions and in accordance with the contract of carriage.
14.1.2 If Passenger wish to file a claim with us for damages to Checked Baggage, Passenger must do so immediately after Passenger discover the damages and, no later than seven (7) Days from the date of acceptance. If Passenger wish to file a claim with us for delay of Baggage, Passenger must do so within twenty- one (21) Days from the date on which the same was placed at Passenger disposal.
14.1.3 Claims must be made in writing and submitted with our specialized service.
14.1.4 Any right to Damages shall be extinguished if an action is not brought within two (2) years reckoned from the date of arrival of the aircraft at destination or from the date on which the aircraft ought to have arrived or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seised of the case.
14.2 Claims on Delays, Denied Boarding or Cancellation of Flights
14.2.1 This Article 14.2 is applicable to claims submitted in accordance with Regulation(EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (ECC) No.295/91.
14.2.2 Passengers must submit their claims directly to Lumiwings and allow Lumiwings, before engaging third parties to claim on their behalf. Claims may be submitted with our specialized service.
14.2.3 Article 14.2.2 does not apply to Passengers who do not have the legal capacity to submit claims themselves. In such cases, the claim may be submitted by the legal representatives of the Passenger and Lumiwings may request evidence of the respective powers.
14.2.4 In any event, unless as provided for in Article 14.2.3, Lumiwings will not process claims submitted by third parties that are not accompanied by documentation evidencing their respective powers to act on behalf of the Passenger.
14.2.5 Passengers are not prohibited by this Article 14.2 from obtaining legal or other advice before submitting their claim directly to Lumiwings.
14.2.6 In accordance with Lumiwings’ procedures, and unless as otherwise expressly indicated in writing by the Passenger, any payment of a compensation in cash will be made to the payment card or the bank account that the Passenger used to make the booking. Lumiwings may request evidence that the Passenger is the holder of the relevant bank account.
14.3 Time Limit for Bringing an Action
The time limit for bringing actions before national courts is subject to the applicable national legislation.
NOTE Since 15 February 2016, the online dispute resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. This platform intends to resolve disputes in a faster, easier and cheaper way.
The assignment of any right to compensation, damages or refund shall only be valid where the right is assigned to natural persons that are registered in Passengerr flight booking as additional passengers and/or, if Passenger are a member of a travel group, to other passengers of this travel group and/or, where the customer is a minor or otherwise not legally competent, to their guardians. In all other cases the assignment of any right to compensation, damages or refund against us to third parties shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law.
Passenger carriage and the one of Passenger Baggage is also provided in accordance to some other regulations and conditions that apply to or have been adopted by Lumiwings. Such regulations and conditions, as varied from time to time, are important and concern, among other things, the carriage of unaccompanied minors, pregnant women and sick passengers, restrictions on use of electronic devices and items, smoking and consumption of alcoholic beverages on board, passengers with reduced mobility, items forbidden in the baggage and limits on measures, size and weight of baggage. Such regulations and conditions shall be made available to Passenger on request.
The title of each Article of these Conditions of Carriage is for convenience only and is not to be taken into consideration for interpretation of the text.
No agent, employee, director or representative of Lumiwings has the authority to alter, modify or waive any provisions of these Conditions of Carriage or of Lumiwngs’s regulations.
These Flight Conditions are governed and shall be construed in accordance with International Legislation, including the applicable Community Regulations or, where appropriate, in accordance with the legislation of the passenger's actual place of residence.
Any dispute related to Passengerr transport agreement with Lumiwngs will be subject to the jurisdiction of the Courts determined by International Legislation, including the applicable Community Regulations or, as the case may be, the regulations on Consumption and / or procedural matters of the passenger's actual place of residence. In the absence of express regulations among those referred to above, said dispute shall be subject to the exclusive jurisdiction of the Courts of Athens (Greece).
These Conditions of Carriage have a Greek version and an English version and may have versions in other languages. In case of conflict between any such versions and the Greek one, the Greek version shall prevail.