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European notice on the carrier's liability

AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE


This information note summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.


COMPENSATION IN THE EVENT OF DEATH OR INJURY.


There is no limit to liability in the event of passenger injury or death.

In this context, the European Union air carrier is automatically liable for the amount of SDR 113,100 for any death or personal injury resulting from an accident in air transport, unless the death or injury results from negligence, fault or harmful omission by the victim.

Beyond SDR 113,100, the air carrier may exclude or mitigate its liability by proving that it was not negligent or otherwise at fault or that the damage results solely from the fault of a third party.


PAYMENT OF ADVANCES


In the event of the death or injury of a passenger, the air carrier must pay an advance to cover immediate financial needs within 15 days of the identification of the person entitled to compensation. In the event of death, this advance may not be less than the equivalent of SDR 16,000.

However, this advance does not constitute an acknowledgement of liability and may be deducted from any subsequent payment. It is only refundable in the event of the victim's negligence, fault or harmful omission or if it is proven that the person to whom the advance was paid was not entitled to compensation.


PASSENGER DELAY


The air carrier is liable for losses resulting from delay in the carriage of passengers by air, unless it has taken all reasonable measures to avoid it or it was impossible to take such measures. In this case, liability is limited to SDR 4,694.


DESTRUCTION, LOSS OR DAMAGE OF BAGGAGE


The air carrier is liable for destroyed, lost or damaged of baggage up to the amount of SDR 1,131 per passenger.

In the case of checked baggage, it is liable even if there is no fault on its part, unless the baggage was defective. In the case of unchecked baggage, the carrier is only liable if it is at fault.

Higher liability limits for luggage

In order to benefit from a higher liability limit, any baggage valued at more than SDR 1,131 must be declared to the airline by the passenger sufficiently in advance of the Check-In Deadline (by making a special declaration at check-in and paying an additional fee).


COMPLAINTS ABOUT BAGGAGE


In the event of damage, delay, loss or destruction of baggage, the passenger concerned must complain in writing to the air carrier as soon as possible and within seven days (in the event of damage) and 21 days (in the event of delay) respectively at the latest from the date on which the baggage was made available to them.


RESPECTIVE LIABILITY OF THE CONTRACTING CARRIER AND THE ACTUAL CARRIER


If the air carrier operating the flight is not the one with whom the contract was concluded, the passenger has the right to make a complaint or claim to either party. If the name or code of an air carrier appears on the ticket, that carrier is the one with whom the contract was concluded.


TIME LIMIT FOR LEGAL ACTION


Any action for damages must be brought within two years of the date of arrival of the aircraft, or of the date on which the aircraft should have landed.

 

BASIS OF THE ABOVE RULES


The rules described above are based on the Montreal Convention of 28 May 1999, implemented in the Community by Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 and by the national legislation of the Member States.

WARNING: This information note cannot constitute a basis for complaints or an interpretation of the provisions of the Community Regulation or the Montreal Convention and has no contractual value between the passenger and the carrier. The contents of this note cannot be considered as a commitment by the carrier.

NOTICE RELATING TO CHECKED BAGGAGE

The carrier is not responsible for the following items carried in your checked baggage with or without the carrier's knowledge, which must be placed in hand baggage of a prescribed size: medicines, perishable materials, funds, currency, jewelry, works of art, precious metals, silverware, valuable clothing, valuables or other precious objects, fragile objects, optical or photographic equipment, electronic and/or telecommunications equipment or devices, musical instruments, passports and identity documents, samples, business papers, manuscripts or titles, individualized or fungible. An excess value cannot be declared for certain valuable objects. For further information, consult the carrier.