The regulations, rules and procedures followed by Lumiwings regarding the transport of passengers and baggage, the passenger rights and the information for obtaining assistance and information pursuant to art. 13 of Regulation (EU) 2016/679 of the European Parliament and European Council regarding the protection of personal data.

Application

The regulations apply to:

  • flights (scheduled, charter, low cost) departing from EU airports
  • 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.

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
  • at least 2 hours for flights of up to 1500 km

If a long delay is expected, you 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, you have the 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, you do have 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.

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.

Cancellation of the flight

If a flight for which you have a confirmed booking is cancelled, you have the right to assistance, reimbursement or, as an alternative, re-accommodation. In certain cases, you also have the right to monetary compensation.
In accordance with the EU regulations, you 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, you have not the right to receive monetary compensation if you have 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.

Accomodation in higher or lower class

Passengers are not required to make additional payments when the air carrier offers seating in a class above the one indicated on the ticket purchased.

When, instead, the air carrier moves a passenger to a class below the one indicated on the ticket purchased, it will have to give back a reimbursement (in cash, by wire transfer, bank deposit or cheque or, upon agreement signed by the passenger, with travel coupons and/or other services) within seven days:

 

INTRA-COMMUNITY FLIGHTS

UP to 1500 KM refund 30% ticket cost

More than 1500 KM refund 50% ticket cost

 

INTERNATIONAL FLIGHTS

Up to 1500 KM refund 30% ticket cost

between 1500 KM and 3500 KM refund 50% ticket cost

More than  3500 KM refund 75% ticket price

 

A list of the relevant authorities responsible for ensuring the legal rights of passengers can be found under the following web link:

https://ec.europa.eu/transport/themes/passengers_en

 

 

 

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