Air
carrier liability for passengers
and their baggage
This
information notice summarises the
liability rules applied by Community
air carriers as required by Community
legislation and the Montreal Convention.
Compensation in the case
of death or injury
There are no financial
limits to the liability for passenger
injury or death. For damages up
to 100000 SDRs (approximate amount
in local currency) the air carrier
cannot contest claims for compensation.
Above that amount, the air carrier
can defend itself against a claim
by proving that it was not negligent
or otherwise at fault.
Advance payments
If a passenger is killed
or injured, the air carrier must
make an advance payment, to cover
immediate economic needs, within
15 days from the identification
of the person entitled to compensation.
In the event of death, this advance
payment shall not be less than 16000
SDRs (approximate amount in local
currency).
Passenger
delays
In case of passenger delay, the
air carrier is liable for damage
unless it took all reasonable measures
to avoid the damage or it was impossible
to take such measures. The liability
for passenger delay is limited to
4150 SDRs (approximate amount in
local currency).
Baggage delays
In case of baggage delay, the air
carrier is liable for damage unless
it took all reasonable measures
to avoid the damage or it was impossible
to take such measures. The liability
for baggage delay is limited to
1000 SDRs (approximate amount in
local currency).
Destruction,
loss or damage to baggage
The air carrier is liable
for destruction, loss or damage
to baggage up to 1000 SDRs (approximate
amount in local currency). In the
case of checked baggage, it is liable
even if not at fault, unless the
baggage was defective. In the case
of unchecked baggage, the carrier
is liable only if at fault.
Higher limits
for baggage
A passenger can benefit
from a higher liability limit by
making a special declaration at
the latest at check-in and by paying
a supplementary fee.
Complaints
on baggage
If the baggage is damaged,
delayed, lost or destroyed, the
passenger must write and complain
to the air carrier as soon as possible.
In the case of damage to checked
baggage, the passenger must write
and complain within seven days,
and in the case of delay within
21 days, in both cases from the
date on which the baggage was placed
at the passenger's disposal.
Liability
of contracting and actual carriers
If the air carrier actually
performing the flight is not the
same as the contracting air carrier,
the passenger has the right to address
a complaint or to make a claim for
damages against either. If the name
or code of an air carrier is indicated
on the ticket, that air carrier
is the contracting air carrier.
Time limit
for action
Any action in court to
claim damages must be brought within
two years from the date of arrival
of the aircraft, or from the date
on which the aircraft ought to have
arrived.
Basis for
the information
The basis for the rules described
above is the Montreal Convention
of 28 May 1999, which is implemented
in the Community by Regulation (EC)
No 2027/97 (as amended by Regulation
(EC) No 889/2002) and national legislation
of the Member States.
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Terms & Conditions of Carriage
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