ADVICE TO PASSENGERS ON LIMITATION OF LIABILITY
The Montreal Convention or the Warsaw Convention may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
The Montreal Convention applies to Community Air Carriers and carriage to, from or within the Community as required by Community legislation. Check with your carrier for more information.
Where the Montreal Convention applies, the limits of liability are as follows:
1. There are no financial limits for passenger injury or death. For damages up to 100.000 SDRs (approx EUR 120.000) the air carrier cannot contest claims for compensation. Above that amount, the air carriers can de/end itself against a claim by proving that it was not negligent or otherwise at fault.
2. 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 4.150 SDRs (approximately EUR 5,100).
3. 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 1.000 SDRs (approximately EUR 1.230).
4. The air carrier is liable for destruction, loss or damage up to 1.000 SDRs (approximately EUR 1.230). 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 if at fault.
5. A passenger can benefit from a higher liability limit by making a special declaration and paying a supplementary fee.
6. 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 of which the baggage was placed at the passengers disposal.
7. If the air carrier actually performing the flight is not the same as the contracting carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code or an air carrier is indicated on the ticket, that air carrier is the contracting carrier.
8. 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.
9. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) N° 2027/97 (as amended by Regulation (EC) N° 889/2002) and national legislation of the member states.
Where the Warsaw Convention applies, the limits of liability are as follows:
10. 16.600 Special Drawing Rights (approximately EUR 20.000) for death or bodily injury if the Hague Protocol to the Convention applies, or 8.300 Special Drawing Rights (approximately EUR 10.000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits.
11. 17 Special Drawing Rights (approximately EUR 20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400) for unchecked baggage.
12. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making a special declaration of the value of your baggage and paying a supplementary fee or by purchasing additional insurance.
This is a notice required by European Community Regulation (EC) NO 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carriers) and you. No representation is made by the carrier(s) as to the accuracy of the contents 01 this notice.
Further information may be obtained from the carrier as to which Convention applies to your journey, and if your journey involves carriage by different carriers, you should contact each of them for information on the limits of liability applicable to them.