Referring a case to the Luxembourg Commission for Travel Disputes
SITUATION: CORONAVIRUS / COVID-19
Due to the current Covid-19 situation, some trips can no longer be undertaken as planned.
The European Consumer Centre and the Luxemburgish Consumer Protection Association are there to help consumers.
The Luxembourg Commission for Travel Disputes (Commission luxembourgeoise des litiges de voyage – CLLV) is a mediation body tasked with finding out-of-court solutions to resolve complaints brought by travellers within the frame of a holiday package, an associated travel arrangement or regarding another holiday service purchased from a travel agency or any other professional offering travel services in Luxembourg.
The Commission manages consumer complaints regarding travel arrangements, holidays and package tours concluded with or through a professional operator established in Luxembourg. It also manages complaints regarding any other type of holiday service purchased from a professional, such as the reservation of a hotel room.
The Commission meets once a month to deliberate on the matters submitted for its review.
Who is concerned
Travellers who have encountered a problem during a holiday booked as a package holiday (voyage à forfait) or an associated travel arrangement can refer their case to the Commission for Travel Disputes (CLLV).
The CLLV cannot handle complaints regarding:
- bodily injury;
- travel insurance or assistance not included in the holiday package/the stay;
- cases of insolvency or bankruptcy of the travel agency, the intermediary or the transport operator;
- flights falling under Regulation no. 261/2004 on compensation and assistance to airline passengers.
The consumer’s case will only be accepted if the consumer has first informed the professional (tour operator, intermediary, travel agency, transporter) of the problems or non-conformities encountered during the trip or holiday or if the departure did not take place, either in writing, in person or through the intermediary of the consumer's lawyer or the Luxembourg Consumer Association (Union Luxembourgeoise des Consommateurs – ULC).
If the consumer does not receive a satisfactory response from the professional (tour operator, agent, etc.) within 3 months, the consumer can refer the matter to the CLLV.
The referral of a case to the Luxembourg Commission for Travel Disputes (CCLV) must take place within 12 months from submission of the complaint to the professional (tour operator, intermediary / travel agency, transporter, etc.).
Once this deadline has passed, all complaints are deemed inadmissible.
The referral of a case to the CLLV is free of charge.
How to proceed
Referral of a case
The referral of cases must be in writing (mail, email or fax), in Luxembourgish, French or German.
The consumer must submit the signed and dated complaint form accompanied by the supporting documents to the secretariat of the Luxembourg Commission for Travel Disputes (CLLV).
The consumer has to accompany the complaint form with the following documents, if possible:
- a copy of the travel contract and of the general terms and conditions of sale;
- the brochures and leaflets received from the professional;
- any evidence providing proof of the complaint filed on site (e.g. non-conformity report);
- any correspondence exchanged with the travel agency, the tour operator or the professional;
- any supporting documents such as photos, videos or testimonials.
The consumer will also need to send a duly dated and signed copy of the CLLV’s rules.
Rejection of the application
The referral of the case is rejected if:
- it is unsubstantiated, abusive, insufficiently documented; or
- another extrajudicial body has already been seized in the same case, or;
- the complaint is already the subject of a judicial decision.
Processing the referral
The Luxembourg Commission for Travel Disputes (CLLV) aims to reconcile the parties to the dispute.
To do so, it may summon the parties to a hearing and can request any additional documents and information deemed necessary.
The CLLV will communicate the professional's arguments, documents and facts to the consumer.
As a general rule, the procedure to reconcile the parties is usually completed within 90 calendar days, except in the event of exceptionally complex cases. If the 90-day deadline has passed, the Commission will inform all parties involved in writing.
If the parties manage to reach an agreement, or if they accept the solution offered by the CLLV, the latter will draft a report and provide a copy to each party.
The solution presented by the CLLV must be based on a legal and fair opinion, but it is not legally binding. The parties to the dispute are still entitled to bring the case before the courts. The CLLV's solution cannot serve as evidence before the courts unless agreed by the parties.
Each party has the right to withdraw at any time from the mediation proceeding, provided they inform both the other party to the dispute and the CLLV in writing.
Forms / Online services
Formulaire de saisine de la Commission luxembourgeoise des litiges de voyages (CLLV)
Who to contact
Luxembourg Consumer Protection AssociationLuxembourg Commission for Travel Litigation (CLLV)55, rue des Bruyères
Phone : (+352) 49 60 22-205Fax : (+352) 49 49 57