Information Notice On Liability Of The Company In Relation To Passengers And Their Baggage

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Information Notice On Liability Of The Company In Relation To Passengers And Their Baggage

This information notice summarizes the liability rules applied by the company in accordance with Community law, provided when providing air transport services in the Community, under the new wording of Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and the Montreal Convention.

Compensation for death or injury
In case of injury or death of a passenger, up to 113,100 SDRs, the air carrier may not exclude or limit liability. Above that amount, the carrier shall not be responsible if it can prove that it had no negligence or other wrongful act or omission.

Passenger delays
In cases of damage caused by delay in the carriage of passengers, the airline is liable for damage only if all reasonable steps were not taken to avoid the damage or it was impossible to take such measures. The responsibility for delays in the transport of passengers is limited to 4,694 SDRs.

Baggage delays, destruction, loss or damage to baggage
In the carriage of baggage, air carrier liability in case of delay, destruction, loss or damage is limited to the amount of 1,131 SDRs. The airline is not liable for damage if it proves that it took all reasonable steps to prevent damage or it was impossible to take such measures.

In respect to checked baggage, the air carrier is responsible for any circumstances which caused the destruction, loss or damage that occurred on board the aircraft or during any period in which the checked baggage was in the custody of the carrier, unless the damage resulted from inherent defect, quality or vice of the baggage. In relation to unchecked baggage, the airline is only liable if the damage is due to the fault.

Higher limits for baggage
Passengers may make a special declaration of value to deliver the luggage at the airline counter and can benefit from a higher liability limit by paying a supplementary fee.

Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write to the airline as soon as possible. In cases of damaged baggage, the passenger must write to the airline within seven days from the date the baggage was delivered by the airline to the passenger. In cases of delayed baggage, the passenger must write to the airline within twenty-one days from the date the baggage was delivered by the airline to the passenger.

Responsibility for the company which has contracted the service and the company responsible for the effective delivery
If the carrier's flight is not the same as the contracting air carrier, passengers may make a complaint or a submit a claim to either company. Please note that if the ticket has the name or code of an airline on it, this is the contracting air carrier.

Claim Deadlines
Any complaint must be filed in court within two years after the arrival of the aircraft or from the date of which the aircraft should have arrived.

Background information
The rules described above is the Montreal Convention of 28 May 1999.

Disclaimer: This is a notice required by Regulation (EC) No 889/2002, for airlines provide air transport services in the community, or when the services are acquired in the same. This notice can not be used to substantiate a claim for compensation or to interpret the provisions of the Regulation or the Montreal Convention. The carrier (s) is not responsible for the accuracy of the contents of this notice.