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Condizioni di Trasporto

Conditions of Carriage for Travelers & Baggage on board of Cargolux Aircraft 

Introduction

All travel on Cargolux aircraft will be conducted according to these terms and conditions. These rules are available for reading prior to an intended flight and are deemed read and approved by the person boarding a Cargolux operated flight.

Many of the following regulations are imposed on Cargolux by various national and international laws and conventions. Some others respond to the special characteristics of traveler transportation on board of freighters. Finally some of these conditions are decisions taken by the management of the Company, in view of the best interests of Cargolux.

When the Traveler obtains and accepts a seat on a flight Cargolux operates, the Traveler enters into a Contract of Carriage with Cargolux. The Contract of Carriage applies from embarkation to disembarkation and is governed by:

  • The present Conditions of Carriage
  • The Regulations for Travel on Cargolux Aircraft
  • Additional conditions on the Traveler’s Ticket or Itinerary-Receipt
  • The national and international regulations and Conventions applicable
  • Any other applicable internal regulations of Cargolux, as well as directions by the Pilot in command

© Cargolux Airlines S.A. 2003

Article I

Definitions

In these Conditions of Carriage, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the following meanings :

Agreed Stopping Places
means those places, except the place of departure and the place of destination, set out in the Ticket or shown in Cargolux’s timetables as scheduled Stopping Places on the Traveler's route.

Airline Designator Code
means the two or three-characters alphanumeric code which identifies a Carrier.

Authorized Agent
means an agent who has been appointed by Cargolux to represent Cargolux.

Baggage
means the Traveler’s personal property, accompanying the Traveler, in connection with the Traveler’s trip. Unless otherwise specified, it includes both the Traveler’s Checked and Unchecked Baggage.

Baggage Check
eans those portions of the Ticket which relate to the carriage of the Traveler’s Checked Baggage.

Baggage Identification Tag
means a document issued solely for identification of Checked Baggage.

Carrier
means any carrier (Cargolux included), whose Airline Designator Code appears on the Traveler's Ticket or on the Conjunction Ticket.

Checked Baggage
means Baggage of which Cargolux takes custody and for which Cargolux has issued a Baggage Check.

Check-in Deadline
means the time limit, as specified by Cargolux or by the Carrier and by which the Traveler must have completed check-in formalities and received the Traveler’s boarding pass.

Conjunction Ticket
means a Ticket issued to a Traveler, in conjunction with another Ticket which, together, constitute a single Contract of Carriage.

Contract of Carriage
means the contract of carriage of the Traveler as defined in the preamble to these Conditions of Carriage.

Convention(s)
means whichever of the following instruments, as far as applicable :

  1. 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) ;
  2. the Hague Protocol, dated September 28 1955 and modifying the Warsaw Convention ;
  3. the Guadalajara supplementary Convention (1961) ;
  4. the Montreal Protocols Nos. 1, 2 and 4 (1975), additional to the Warsaw Convention or,
  5. the Convention for the unification of certain rules for international carriage by air, signed in Montreal and dated May 29, 1999,
  6. the IATA agreements signed in Kuala Lumpur on October 31, 1995 (IIA) and in Montreal on April 3, 1996 (MIA)
  7. the Convention, signed in Chicago on December 7, 1944, and its Annexes, in particular Annexes 9, 17 and 18.

Coupon
means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named Traveler to travel on the particular flight identified on it.

Damage
includes death, wounding or bodily injury to a Traveler, as well as loss, partial loss, theft or other damage to Baggage arising out of or in connection with carriage or other services incidental thereto, as performed by Cargolux.

Days
means calendar days, including all seven days of the week ; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted ; and provided further that, for purposes of determining the duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced, shall not be counted.

Electronic Coupon
means an electronic Flight Coupon or other value document held and maintained in Cargolux’s database.

Electronic Ticket
means the Itinerary-Receipt issued by Cargolux or on behalf of Cargolux, the Electronic Coupon and, if applicable, a boarding document.

eTravel
is the online Cargolux Reservation system.

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 those particular places between which the Traveler is entitled to be carried.

Force Majeure
means unusual and unforeseen circumstances beyond control, the consequences of which could not have been avoided even if all due care had been exercised.

Itinerary-Receipt 
means a document or documents forming part of the Electronic Ticket which contain(s) the Traveler’s name, flight information and notices, and which may be printed out during the reservation process by the Traveler.

Person Entitled to Compensation
means the Traveler or any person entitled to make a claim on the Traveler’s behalf, in accordance with applicable law. 

Special Drawing Right (SDR)
means the unit of account of the International Monetary Fund (IMF), whose value is periodically determined by the IMF.

Stopover
means a scheduled stop on the Traveler’s journey, at a point between the place of departure and the place of destination.

Ticket
means either the document entitled "Traveler Ticket and Baggage Check" or the Electronic Ticket, in each case issued by Cargolux or on Cargolux behalf, which include(s) or incorporate(s) by reference the rules and regulations listed in the Preamble hereto. It includes the Coupon(s) attached to it.

Traveler
means any person, except members of the crew, named on a Ticket.

Unchecked Baggage
Unchecked baggage means any of the Traveler’s Baggage other than Checked Baggage. This Baggage remains under the Traveler’s custody.

Article II

Applicability

1. General

  1. a. Except as provided in Paragraphs 2, 3 and 4 of this Article, these Conditions of Carriage apply only on those flights, or flight segments, where Cargolux’s Airline Designator Code is indicated in the Carrier box of the Ticket for that flight or flight segment.
  2. a. These Conditions of Carriage are to be construed as an application of the Conventions, as defined under Article I here above.

2. Code shares

Some services are performed through arrangements of Code Shares.

This means that even though a Traveler has a reservation with Cargolux and holds a Ticket where Cargolux’s name or Cargolux’s Airline Designator Code is indicated in the Carrier box, another Carrier may operate the aircraft.

3. Overriding law

These Conditions of Carriage are applicable unless they are inconsistent with applicable law, in which event such laws shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the remaining provisions shall nevertheless remain valid.

Article III

Tickets

1. General Provisions

  1. The Ticket constitutes prima facie evidence of the contract of carriage between Carrier and the Traveler. Except in the case of an Electronic Ticket, a Traveler shall not be entitled to be carried on a flight unless that Traveler presents a ticket valid and duly issued and containing the Flight Coupon for that flight and all other unused Flight Coupons.
  2. Cargolux will provide carriage only to the Traveler named in the Ticket, and the Traveler may be requested to provide appropriate identification. A Ticket is not transferable.
  3. If the Traveler has a Ticket or a Flight Coupon which is unused, and the Traveler is prevented from traveling due to Force Majeure, the Traveler is kindly requested to make the adequate changes through eTravel. In case the Traveler wishes to change any aspect of the transportation within the 72 hours prior (for business travel) and 7 days prior (for vacation travel) to the scheduled time of departure, the Traveler is kindly requested to promptly advise the closest Cargolux station, Authorised Agent (General Cargo Sales Agent) or directly the Cargolux travel office.
  4. The Ticket is and remains at all times the property of the issuing Carrier.
  5. Except in the case of an Electronic Ticket,the Traveler shall not be entitled to be carried on a flight unless the Traveler presents a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons. In addition, the Traveler shall not be entitled to be carried if the Traveler’s Ticket is mutilated or has been altered otherwise than by Cargolux or Cargolux Authorized Agent. In case of an Electronic Ticket, the Traveler shall not be entitled to be carried on a flight unless the Traveler provides positive identification and a valid Electronic Ticket has been duly issued in the Traveler’s name.
  6. In case of loss or mutilation of a Ticket (or part of it) by the Traveler, or non-presentation by the Traveler of a Ticket containing the Flight Coupon and all unused Flight Coupons, Cargolux, upon the Traveler’s request, will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued. Cargolux will not claim reimbursement from the Traveler for any such losses which would result from Cargolux’s negligence. The issuing Carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or of its agent.
  7. A Ticket is valuable and the Traveler should take appropriate measures to safeguard it and ensure it is not lost or stolen. 

2. Period of validity

Except as otherwise provided in the Ticket or in these Conditions of Carriage a Ticket is valid for :

  1. 3 months from the date of issue, or
  2. subject to the first travel occurring within 3 months from the date of issue, 3 months from the date of first travel under the Ticket.

3. Coupon sequence and Use

  1. The ticket the Traveler has received is valid only for the transportation as shown on the Ticket, from the place of departure to the final destination, via any Agreed Stopping Place. It forms an essential part of Cargolux Contract of Carriage with the Traveler. The Ticket will not be honored and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
  2. Should the Traveler wish to change any aspect of the transportation, he/she is kindly requested to do so through eTravel. 
  3. Each Coupon contained in the Traveler’s Ticket will be accepted for transportation on the date and flight for which the space is defined. 
  4. In the event the Traveler does not show up for any flight, Cargolux may cancel the Traveler’s return or onward reservations, except if the Traveler has advised Cargolux in advance.

4. Name and address

Cargolux’s name may be abbreviated to Cargolux’s Airline Designator Code, or otherwise, in the Ticket. Cargolux’s address is:

Cargolux Airlines International S.A.
Luxembourg Airport
L-2990 Luxembourg
Grand-Duchy of Luxembourg  

Article IV

Taxes, fees, charges and currency

1. Routing

Cargolux may determine a different routing that the one stated on the Traveler’s Ticket or Coupon.

2. Taxes, Fees and Charges

Applicable taxes, fees and charges imposed by governments or other authorities or by the operator of the airport shall be paid by the Traveler. The taxes, fees and charges imposed on air travel are constantly changing and such charges can be charged to the Traveler after the date of Ticket issuance. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, the Traveler will have to pay it.

3. Currency

Fares, taxes, fees and charges are payable in the currency of the country which imposes it, unless any other currency is indicated by Cargolux or Cargolux’s Authorized Agents, at or before the time payment is made (for example, because of the non convertibility of the local currency).

Article V

Reservations

1. Ticketing time limit

If the Traveler has not confirmed the Traveler’s Ticket prior to the specified time limit, as advised by Cargolux or Cargolux’s Authorized Agent, Cargolux may cancel the reservation and dispose of the relevant seat.

The Traveler is obliged to reconfirm/cancel his/her flight 48 hours prior to the scheduled departure time to the Cargolux representative at the departure place. The flight situation / status must be checked in eTravel. All cancellation must be done via eTravel.

2. Personal data

The following personal data is required under the contract of carriage: full name, nationality, date of birth, passport number, place and date of issuance, date of expiry, date of hiring, country of residence, name of next of kin for emergency contacts, immigration data, cost center, e-mail address, id number, position, phone number (Cargolux, private and trip contact information), approver’s e-mail address, departure/ arrival date and CV flight number. They are processed for the purpose of making a reservation for carriage and obtaining a Ticket, and the ancillary services attached to it, for the development of Cargolux services, for documentation and in order to facilitate immigration and entry procedures. In that context, this data may be communicated to other Cargolux offices, Authorized Agents, Carriers or under applicable law to government authorities of third countries outside the European Union and the European Economic Area. In addition Cargolux has joined the voluntary Australian and U.S. Family Assistance plan, which foresees that in the event of an accident, names and family contact details of crew and non-revenue travelers will be communicated to the local police and other local authorities.

By making a reservation request, the Traveler expressly gives his/her consent to the required or envisaged treatment of the Traveler’s personal data as outlined above and in particular to the transmission of that data as previously described.

The flight data details will be stored for up to one year after the flight has taken place. The Traveler may at anytime access and rectify the personal data related to the Traveler. For further enquiries the Traveler shall contact Cargolux’s Travel Office or the nearest Cargolux office available.

Article VI

Check-in/boarding

1. Check-in Deadlines are different at every airport and Cargolux recommends that the Traveler informs him/herself about these Check-in Deadlines and honors them. Regardless of these local rules, Cargolux recommends that all Travelers check-in for their flight in any case latest two hours prior to scheduled departure.

The Traveler’s journey will be smoother if the Traveler allows him/herself ample time to comply with the Check-in Deadlines. Cargolux reserves the right to cancel the Traveler’s reservation if he/she does not comply with the Check-in Deadlines indicated. The Traveler should inform him/herself of the Check-in Deadlines. Check-in Deadlines may be obtained from the closest Cargolux station, the Cargolux Authorized Agent or directly, the Cargolux travel office. 
2. The Traveler must be present at the boarding gate no later than the time specified by Cargolux when the Traveler checks in.
3. Cargolux may cancel the space reserved for the Traveler if the Traveler fails to arrive at the boarding gate on time. 
4. Cargolux will not be liable to the Traveler for any loss or expense incurred by Cargolux due to the Traveler’s failure to comply with the provisions of this Article.
5. If the Traveler fails to arrive in time at the Cargolux check-in counter or at the boarding gate or if the Traveler is improperly documented and, consequently, not able to travel, Cargolux may cancel the space reserved for the Traveler and dispose of the seat, without any liability to the Traveler.
6. If the Flight Coupon is not separated from the Ticket at the Check-in counter, when the Traveler receives his/her boarding pass, this Flight Coupon remains under the Traveler’s custody and the Traveler will have to remit it when boarding.

Article VII

Refusal and limitation on carriage

1. Right to refuse carriage

In the reasonable exercise of Cargolux’s discretion and at any point of embarkation and/or connection, Cargolux may refuse to carry the Traveler or the Traveler’s Baggage if one or more of the following have occurred or if Cargolux reasonably believes may occur :

  1. If carrying the Traveler or the Traveler’s baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
  2. If carrying the Traveler or the Traveler’s baggage may affect the comfort of any person in the aircraft. 
  3. If the Traveler is drunk or under the influence of drink or drugs. 
  4. If the Traveler is in unlawful possession of drugs. 
  5. If the Traveler’s mental or physical state is a danger or risk to the Traveler, the aircraft or any person in it. 
  6. If the Traveler has refused to allow a security check to be carried out on the Traveler’s person or the Traveler’s baggage. 
  7. If the Traveler has not obeyed the instructions of Cargolux’s ground staff or a member of the crew of the aircraft relating to safety or security. 
  8. If the Traveler has used threatening, abusive or insulting words towards Cargolux ground staff or a member of the crew of the aircraft. 
  9. If the Traveler has behaved in a threatening, abusive, insulting or disorderly way towards a member of Cargolux ground staff or a member of the crew of the aircraft. 
  10. If the Traveler has deliberately interfered with a member of the crew of the aircraft carrying out its duties. 
  11. If the Traveler has put the safety of either the aircraft or any person in it in danger. 
  12. If the Traveler has made a hoax bomb threat. 
  13. If the Traveler has committed a criminal offence during the check-in or boarding processes or on board the aircraft. 
  14. If the Traveler has not, or does not appear to have, valid travel documents. 
  15. If the Traveler tries to enter a country for which the Traveler’s travel documents are not valid. 
  16. If the immigration authority for the country the Traveler is traveling to, or for a country in which the Traveler have a Stopover, has told Cargolux (either orally or in writing) that it has decided not to allow the Traveler to enter that country, even if the Traveler has, or appears to have, valid travel documents. 
  17. If the Traveler destroys his/her travel documents during the flight. 
  18. If the Traveler has refused to allow Cargolux to photocopy the Traveler’s travel documents. 
  19. If the Traveler has refused to give the Traveler’s travel documents to a member of the crew of the aircraft, when Cargolux has asked the Traveler to do so. 
  20. If the Traveler asks the relevant government authorities for permission to enter a country in which the Traveler has landed as a transit traveler. 
  21. If carrying the Traveler would break government laws, regulations, or orders. 
  22. If the Traveler has refused to give Cargolux information which a government authority has asked Cargolux to provide about the Traveler.
  23. If the Traveler has not paid any required taxes, fees or charges for the Traveler’s journey. 
  24. If the Traveler has presented a Ticket obtained illegally. 
  25. If the Traveler has presented a Ticket which the Traveler did not receive from or was not issued by Cargolux or Cargolux Authorized Agents. 
  26. If the Traveler has presented a Ticket which has been reported as being lost or stolen.
  27. If the Traveler has presented a counterfeit Ticket. 
  28. If the Traveler has presented a Ticket with an alteration made neither by Cargolux nor Cargolux Authorized Agents. 
  29. If the Traveler has presented a spoiled, torn or damaged Ticket or a Ticket which has been tampered with.
  30. If the Traveler cannot prove the Traveler is the person named in the Ticket.
  31. If the Traveler has failed to present the Traveler’s Ticket or the Traveler’s boarding pass or the Traveler’s travel documents to Cargolux when reasonably asked to do so.
  32. If the Traveler has failed to complete the check-in process by the Check-in Deadline. 
  33. If the Traveler has failed to arrive at the boarding gate on time. 
  34. If the Traveler has behaved in a way mentioned above on or in connection with a previous flight and Cargolux believes the Traveler may repeat this behavior.
  35. If the Traveler has not complied with these Conditions of Carriage or any other internal regulations applied by Cargolux to the Traveler’s journey.

2. Special Assistance

  1. All persons traveling on CV must be physically able to enter and exit the cabin and use the available safety equipment unassisted. Consequently, persons with reduced mobility and/or requiring assistance can not be accepted. Escort and special facilities are not available.Pregnant women are allowed to travel up till 6 months of pregnancy. During the last month of pregnancy, they need a medical certificate stating that they are still allowed to travel and provided, they are able to use the safety equipment unassisted.
  2. Cargolux guarantees neither meal nor refreshments to be made available to the Traveler by Cargolux aboard its flight(s). 
  3. If the Traveler has a medical background, the Traveler is invited to take medical advice before boarding a flight, particularly on long-haul routes, and to take any relevant precautionary measures. No assistance of medical nature will be available on board or at Stopovers.
  4. Minors less than 2 years are not allowed on board of Cargolux aircraft.Minors from 2-7 years of age may not travel unless accompanied by one adult per child.Minors from 7-18 years of age may not travel unless accompanied by another adult.

Article VIII

Baggage

1. Checked Baggage allowance

Checked Baggage allowance is 30kg per person. Travelers may not use the unused allowance of others.

Checked Baggage exceeding the above allowance will be subject to excess Baggage fees. These rates vary according to Baggage weight, distance and destination transported.

2. Identification

Cargolux requires that all Checked Baggage is clearly identifiable with the Traveler’s name and address and contact numbers or alternatively the Traveler’s flight confirmation number.

3. Items unacceptable as Baggage

  1. The Traveler must not include in the Traveler’s Baggage :
  2. Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO), in the regulations of the International Air Transport Association (IATA) and in Cargolux’s Regulations, as applicable to the Traveler (further information available from Cargolux, on request).
  3. Items the carriage of which is prohibited by the applicable laws or regulations of any State to be flown from or to the place of departure / destination.
  4. Items which are reasonably considered by Cargolux to be unsuitable for carriage because they are dangerous or unsafe by reason of their weight, size, shape or character or which are fragile or perishable having regard to, among other things, the type of the aircraft being used. Information about unacceptable items is available from Cargolux, upon request.
  5. Firearms and ammunition are prohibited from carriage as Baggage. Firearms and ammunition for hunting purposes may be accepted as Checked Baggage if they are unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as specified in paragraph (a) here above ;
  6. Weapons such as antique firearms, swords, all sort of knives and similar items may be accepted as Checked Baggage, at Cargolux discretion, but will not be permitted in the cabin of the aircraft.
  7. Toy or replica guns (plastic or metal), catapults, cutlery, razor blades (both open bladed and safety razors), tradesmen’s tools which would have the potential to be used as a weapon, darts, scissors, cutters, letter openers, hypodermic syringes (unless required for genuine medical reasons), knitting needles, large sporting bats and clubs, billiard, snooker or pool cues and any other sharp objects and weapons are not permitted in the cabin of Cargolux aircraft.
  8. The Traveler must not include in his/her Checked Baggage valuable, fragile or perishable items such as: money, foreign currencies, jewellery, works of art, precious metal, silverware, securities or other valuables, expensive clothes, optical and/or electronic or telecommunication devices, cameras of all kinds, music instruments, business documents, negotiable papers, passports and other documents, samples and shares, as well as any valuable item.

4Right to refuse carriage

  1. At any embarkation point or any intermediate point, Cargolux may refuse the carriage as Baggage, or the continuous carriage, upon discovery, of any item described in paragraph 3 here above as prohibited for carriage as Baggage.
  2. Cargolux may refuse to carry as Baggage any item reasonably considered by Cargolux as unsuitable for carriage because of its size, shape, weight, content, character, or for safety, security or operational reasons, or for the comfort and convenience of other Travelers. 
  3. Cargolux may refuse to accept Baggage for carriage, unless, in Cargolux’s reasonable opinion, it is properly and securely packed in suitable containers. Information about packing and container unacceptable to Cargolux is available upon request.

5. Right of search

For reasons of safety and security, Cargolux may request that the Traveler permit a search, screen and x-ray of the Traveler’s person or the Traveler’s Baggage. If the Traveler is not available, the Traveler’s Baggage may be searched in the Traveler’s absence, for the purpose of determining whether it contains any item described in Paragraph 3 here above or any firearm, ammunition weapons, which have not been presented to Cargolux. If the Traveler is unwilling to comply with such request, Cargolux may refuse to carry the Traveler and the Traveler’s Baggage. In the event a search or other scan causes Damage to the Traveler and the Traveler’s Baggage, Cargolux shall not be liable for such Damage, unless due to Cargolux fault or negligence.

6. Checked Baggage

  1. Upon delivery to Cargolux of the Traveler’s Baggage, which the Traveler wishes to check-in, Cargolux will take custody of, and issue a Baggage Identification Tag for each piece of the Traveler’s Checked Baggage.
  2. Checked Baggage must have the Traveler’s name or other personal identification affixed to it.
  3. Checked Baggage will be carried on the same aircraft as the Traveler, unless Cargolux decides, for safety, security or operational reasons, to carry it on an alternative flight. For business travelers, if the Traveler’s Checked Baggage is carried on a subsequent flight, Cargolux will deliver it to the Traveler, unless applicable law require the Traveler to be present for customs clearance.
  4. The checked baggage will be stored in appropriate compartments, either on the main deck or in any other place, as Cargolux may deem fit or as imposed on Cargolux by government regulations.

7. Unchecked Baggage

  1. To make the Traveler’s flight more comfortable, Cargolux allows the Traveler to take on board in the cabin only one cabin bag measuring 115 cms (40cm X 55cm X 20cm) (H+L+P), plus one other accessory such as a handbag, camera, etc. Both together must not weigh more than 12 kgs.
    If the Traveler’s Baggage cannot be stored in this manner or is of excessive weight or is considered unsafe for any reason, it must be carried as Checked Baggage. Such Baggage must be checked in at any time before the departure of the flight.
    Any luggage in excess will be charged in accordance with Cargolux policy.
  2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments and the like) and which do not meet the requirements of (a) above will only be accepted for carriage in the cabin compartment, if the Traveler has given Cargolux notice in advance and permission has been granted by Cargolux. 

8. Excess value declaration and charge

  1. Cargolux does not offer an excess valuation facility, in excess of the applicable liability limit provided for herein.
  2. If the Traveler wishes to insure the Traveler’s valuable against damage, the Traveler should buy such an insurance from the Traveler’s personal broker. Cargolux may however offer to the Traveler all risk insurance for goods carried as cargo on board the aircraft. Please contact the Cargolux Insurance Department or the Cargolux Claims Department for more information.

9. Collection and delivery of Checked Baggage

  1. Subject to paragraph 6 (c) here above, the Traveler shall collect the Traveler’s Baggage as soon as it is made available at the Traveler’s destination or Stopover. Should the Traveler not collect it within a reasonable time, Cargolux may charge a reasonable storage fee. Should the Baggage not be claimed within three (3) months of the time it was made available, Cargolux may dispose of it, without any liability to the Traveler.
  2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to the delivery of the Checked Baggage. 
  3. If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage identification tag, Cargolux will deliver the Baggage to such person only on condition that he/she establishes, to Cargolux satisfaction, his/her right to the Baggage. If required by Cargolux, the said person shall furnish adequate coverage to indemnify Cargolux for any loss, Damage or expense which may be incurred by Cargolux, as a result of such a delivery.

10. Animals

The Traveler must not take any animals into the aircraft cabin. No animals shall be accepted as Checked or Unchecked Baggage. All animals must be carried as cargo.

Article IX

Schedules, delays, cancellation of flights

The Traveler acknowledges that Cargolux’s main activity is the carriage of cargo. Business needs relating to that activity may therefore come into conflict with the scheduled particulars of the Traveler’s Ticket.

1. Schedules

  1. The flight times shown in timetables may change between the date of publication and the date the Traveler actually travel. Cargolux does not guarantee them to the Traveler and they do not form part of the Traveler’s contract with Cargolux.
  2. Before Cargolux accepts the Traveler’s booking, Cargolux will notify the Traveler of the scheduled flight time in effect as of that time, and it will be shown on the Traveler’s Ticket. It is possible that Cargolux may need to change the scheduled flight time subsequent to the issuance of the Traveler’s Ticket. It is the Traveler’s responsibility to contact the closest Cargolux office or Cargolux local Agent to confirm flight times.

2. Cancellation, Rerouting, Delays

  1. Except as otherwise provided in the Convention, if Cargolux cancels a flight, fails to operate a flight reasonably according to the schedule, fails to stop at the Traveler’s Stopover or destination, or causes the Traveler to miss a connecting flight on which the Traveler holds a confirmed reservation, under a single Contract of Carriage, Cargolux shall carry the Traveler, at the earliest opportunity, on another of Cargolux scheduled services on which space is available and, when necessary, extend the validity of the Traveler’s Ticket.
  2. Upon the occurrence of any of the events set out in paragraph 2 of this Article, the options outlined in sub-paragraph 2. (a) here above are the sole and exclusive remedies available to the Traveler, and Cargolux shall have no further liability to the Traveler.

Article X

In-flight facilities & conduct aboard aircraft

Cargolux is an all-cargo airline and therefore in-flight facilities are limited.

  1. There is no Cabin Attendant on board and no cabin service. Complimentary refreshments, snacks and sandwiches may be provided for the benefit of Travelers and crew and are, in that case, located in specially labeled containers in the cooler compartments which a crewmember will point out to the Traveler. A Traveler may bring with him his own sandwiches, cold snacks and fruit to consume during the flight as for storage reasons the selection of complimentary food and refreshments is limited.
    Hot meals are provided only to crew members, who also are the only ones permitted to use the facilities of the outboard galley.
    It is strictly forbidden to take meals destined to crew members. Only crew members are permitted to use the oven and the coffee maker. Travelers are in principle entitled to catering or additional catering for flights over 12 hours.
  2. The bunks in the rear of the cabin are for crew use only.
  3. Seat belts must be worn whenever indicated by the illuminated sign and it is recommended that the Traveler wears them when the Traveler is seated.
  4. Hand luggage in the cabin must be stored securely so it does not move during take-off and landing or in case of turbulence.
  5. As a general rule, smoking is not permitted. However, the Commander may permit limited smoking in the Traveler cabin if no one on board objects. Smoking is not permitted in any other part of the aeroplane or in the tarmac of the airport.
  6. The consumption of alcohol is forbidden on board Cargolux aircraft.
  7. In the interest of safety, Travelers are prohibited from carrying hot drinks on board.
  8. Horse grooms may stay with the animals during take-off and landing if necessary, and may enter the main deck during flight but they must always advise the Commander.
  9. For safety reasons, Cargolux may forbid or limit operation aboard the aircraft of electronic equipment, including but not limited to cellular telephones, laptop computers, portable recorders, CD players, portable radios, electronic games or transmitting devices, radio controlled toys and walkies-talkies. Operation of hearing aids and heart pacemakers is permitted.
  10. At an en-route station all persons are to remain on board the aircraft in the upper deck unless they are escorted off the aircraft and kept in a secure area of the terminal building (transit lounge) under the supervision of one of the officers of the handling agent.
  11. It is not allowed to take any pictures of Cargolux airplanes from the tarmac and on board without a special permission.
  12. If, in Cargolux’s reasonable opinion, the Traveler conducts him/herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with instructions of the crew, including, but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, Damage or injury to Travelers or to crew, as well as to any property, Cargolux may take such measures as Cargolux deems reasonably necessary to prevent continuation of such conduct, including restraint. The Traveler may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.
  13. The Commander has absolute authority on board Cargolux aircraft and his instructions shall be obeyed.

Article XI

Arrangements for additional services

Cargolux does not offer, and cannot facilitate, transfer of Travelers or their baggage to other flights, whether operated by Cargolux or other carriers. Cargolux recommends that Travelers does not book onward flights on Cargolux services. Cargolux assumes no responsibility for making connections and therefore will not be liable for any losses or expenses arising out of any failure to achieve a planned connection.

 
Article XII

Administrative formalities

1. General

  1. The Traveler is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements and visas or applicable permits from States or countries to be flown from, into or through which the Traveler transit, and the Traveler must comply with all requirements of the States or countries with respect to immigration and border control.
  2. Cargolux shall not be liable for the consequences to the Traveler resulting from the Traveler’s failure to obtain such documents or visas or to comply with the requirements stated in subparagraph (a) here above.

2. Travel documents

  1. Prior to travel, the Traveler must present all exit, entry, transit, health and other documents required by laws, regulations, orders, demands or other requirements of the States or countries concerned, and permit Cargolux to take or retain copies thereof.
  2. Cargolux reserves the right to refuse carriage if the Traveler have not complied with the above requirements or if the Traveler’s travel documents do not appear to be in order.

3. Refusal of entry

If the Traveler is denied entry into any State or territory, he/she will be responsible to pay any fine or charge assessed against Cargolux by the State concerned and for the cost of transporting the Traveler from that State or territory. The fare collected for carriage to the point where the Traveler was denied entry will not be refunded by Cargolux.

4. Traveler responsible for fines, detention costs, etc

If Cargolux is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the Traveler’s voluntary or non voluntary failure to comply with or to produce travel documents compliant with laws, regulations, orders, demands or other travel requirements of the States or territories concerned or to produce the required documents, the Traveler shall reimburse Cargolux, on demand, any amount so paid or deposited and any expenditure so incurred.

5. Customs inspection

If required, the Traveler shall be present during inspection of the Traveler’s Baggage, Checked or Unchecked, by Customs or other State officials. Cargolux will not be liable to the Traveler for any loss or Damage suffered by the Traveler in the course of such inspection or through the Traveler’s failure to comply with this requirement.

6. Security inspection

The Traveler shall submit the Traveler himself and/or the Traveler’s Baggage to any security checks by Government officials, airport authorities, any implied Carrier,or by Cargolux.

Article XIII

Liability for damage

1. General

  1. The following provisions govern Cargolux liability to the Traveler. 
  2. International carriage is governed by the Convention(s) referred to in Article I above and by the Council Regulation (EEC) No 2027/97 on the liability of the carrier in case of an accident, dated October 9, 1997 and applicable since October 17, 1998, as interpreted in this Article.

2. Cargolux liability for the death wounding or other bodily injury of travelers 

  1. Subject to applicable public social security insurance or similar bodies and the provisions of this Article, Cargolux’s liability for damages sustained in the event of death, wounding or any other bodily injury by a traveler in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.  Cargolux shall be liable for Damage sustained in case of death or wounding of or any other bodily injury suffered by the Traveler, if the accident which caused the Damage so sustained took place on board the aircraft or in the course of any of the operations of embarking and disembarking Travelers, and without prejudice to Cargolux liability exclusions here below.
  2. The obligation of insurance set out in Article 7 of Council Regulation (EEC) No 2407/92 shall be understood as requiring that Cargolux shall be insured up to the limit of the liability set out in Article XIII.2.(c) below and after that up to a reasonable level. 
  3. For any damages up to the sum of the equivalent of 100,000 SDRs, Cargolux shall not exclude or limit Cargolux liability by proving that Cargolux and Cargolux agents have taken all necessary measures to avoid the damage or that it was impossible for Cargolux or Cargolux agents to take such measures.
  4. Notwithstanding the provisions of Article XIII.2. (c), if Cargolux proves that the damage was caused by, or contributed to by, the negligence of the injured or deceased Traveler, Cargolux may be exonerated wholly or partly from Cargolux liability in accordance with applicable law. 
  5. In case of death, wounding or any bodily injury resulting from an air accident, the Person(s) Entitled to Compensation, as identified, will be offered advance payment to cover its immediate needs, in proportion to the material hardship suffered. Such an advance payment shall not be less than the equivalent in USD of 15,000 SDR per Traveler, in case of death. The advance payment will be made within fifteen (15) days after the identification of Person(s) Entitled to Compensation has been ascertained and shall be deductible from the final  amount paid to the injured or dead Traveler. 
  6. An advance payment shall not constitute recognition of Cargolux’s liability. 
  7. Cargolux shall not be liable for the Damage sustained, if Cargolux proves that:
    1. the death, the wounding or any other bodily injury resulted from the state of health, physical or mental, of the Traveler, as existing before the operations of embarking Travelers;
    2. the Damage has been caused or contributed to by the negligence of the Traveler or by his/her state of health previous boarding the flight.
  8. amount of the repairable Damage:
    1. Cargolux’s liability for death, wounding or any other bodily injury caused to a Traveler, is unlimited. The recoverable amount will cover the amount of the Damage, as fixed by amicable settlement, way of expertise or the relevant content.
    2. Cargolux shall compensate the Traveler for recoverable compensatory damages only and for the portion in excess of any payment received from any applicable public social security insurance or similar body.
  9. Cargolux reserves all rights of recourse against any third party including, without limitations, rights of contribution and indemnity.

3. Cargolux liability for damage to Baggage 

  1. Cargolux is not liable for Damage to Unchecked Baggage unless Cargolux caused the Damage by negligence. 
  2. Cargolux’s liability for Damage to Checked Baggage is limited to an amount of 17 SDRs (U.S. $20) for each kilo of the Traveler’s Checked Baggage except where the Traveler proves that the Damage resulted from an act or failure to act either done: 
    with the intention of causing damage or 
    recklessly and with knowledge that damage would probably result. 
  3. If the weight of the Traveler’s Checked Baggage is not recorded on the Baggage check, Cargolux will presume that it is not more than the free Baggage allowance for the class of carriage concerned. 
  4. Cargolux is not liable for any damage caused by the Traveler’s Baggage. The Traveler is responsible for any damage caused by the Traveler’s baggage to other people and property, including Cargolux property. 
  5. Cargolux is not liable in any way whatever for Damage to items which the Traveler is not allowed to include in the Traveler’s Checked Baggage.
  6. Cargolux is not liable for any damage arising from the fact that:
    1. Cargolux has obeyed laws or government rules and regulations or;
    2. the Traveler has not obeyed laws or government rules and regulations.
  7. Cargolux does not accept responsibility for unsuitably packed, perishable, damaged or fragile Baggage or for minor damage to the exterior of Baggage (e.g. scratches, stains, soiling, dents) resulting from normal wear and tear or for water damage to non-waterproof baggage.
  8. Except where these Conditions of Carriage provide differently, Cargolux is liable to the Traveler only for compensatory damages which the Traveler is entitled to recover for proven losses and costs. 
  9. Cargolux’s Contract of Carriage with the Traveler applies to Cargolux’s Authorized Agents, servants, employees and representatives in the same way as it applies to Cargolux. As a result, the total amount the Traveler can recover from Cargolux and Cargolux authorized agents, servants, employees and representatives will not be more than the total amount of Cargolux’s own liability, if any. 

4. Time limits for baggage complaints

  1. If the person with a Baggage check or a Baggage identification tag receives Checked Baggage without complaint, this will be sufficient evidence that the Checked Baggage has been delivered in good condition and according to the present Conditions of Carriage, unless the Traveler proves otherwise. 
  2. If the Traveler’s Checked Baggage is damaged, the Traveler must complain in writing to Cargolux immediately the Traveler discover the damage and at the latest, within seven days from the date the Traveler received the Checked Baggage. If the Traveler’s Checked Baggage is delayed, the Traveler must complain in writing to Cargolux within 21 days at the latest of the Checked Baggage being made available to the Traveler. After these time periods, the right to claims shall be extinguished.

5. Limitation of liability for damages

To the extent the foregoing is not in conflict with these Conditions of Carriage applies:

  1. Cargolux is liable only for Damages occurring during carriage on flights or flight segments where the Cargolux Airline Designator Code appears in the Carrier box of the Ticket of that flight.
  2. Cargolux’s liability is limited to proven Damages, and, in no event, Cargolux shall be liable for indirect Damages, as well as any form of non-compensatory Damages.
  3. Cargolux is not liable for any Damages arising from Cargolux’s own compliance with any laws of Government Regulations, orders or requirements, or from the Traveler’s failure to comply with the same.
  4. Cargolux is not liable for Damage to Unchecked Baggage unless that Damage is caused by Cargolux’s negligence, as proven by the Traveler.

6. Actions for damages

  1. The Traveler will have no right to Damages if an action is not brought within two years from:
    1. the date of arrival at the place of destination, or
    2. the date on which the aircraft ought to have arrived, or 
    3. the date on which the Carriage stopped.
  2. After such period the right for Damages shall be extinguished.

Article XIV

Modification, deletion and sanction

No Agent, employee or representative of CARGOLUX has authority to alter, modify or delete any provision of these Conditions of Carriage.
Any person disregarding any of these rules and terms or in any way compromising safety on board a Cargolux aeroplane will be barred from further travel on the Company’s aircraft.

Any inquiry about the terms and conditions applicable to Traveler and Baggage transportation on Cargolux aircraft should be made to Cargolux’s Travel Office.

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