THE REGULATIONS GOVERNING CARRIER LIABILITY, ITS LIMITATIONS AND COMPENSATION FOR DISSERVICE TO PASSENGERS WITH REGARDS TO AIR TRANSPORT OF PASSENGERS AND BAGGAGE.
COMPENSATION AND LIABILITY LIMITS
The laws applied to European Union carriers in accordance with EU rights and the Convention of Montréal.
The rules established by EC Regulation 261/04 covering compensation and assistance to passengers in the event of denied boarding, the cancellation or delay of flights. For details, please see "X – FLIGHT TIMETABLES, DELAYS AND CANCELLATION" cited in the Conditions of Carriage.
COMPENSATION AND LIABILITY LIMITS
This notice summarizes the laws which govern Airlines in the EU in conformity with EU law and the Convention of Montreal.
COMPENSATION FOR DEATH OR BODILY INJURY
There are no financial limitations on liability in the case of bodily injury or the death of a passenger. The Airline cannot contest compensation for damages up to 113,100 SDR (the approximate equivalent in local currency). If the amount is higher, the Airline can contest a request for compensation only if it can prove that it was not responsible for the damage caused.
Should a passenger die or suffer bodily injury, the Airline must, within 15 days of the identification of the person having the right to the compensation, make an advance payment for this person to be able to meet his/her immediate financial needs. In the case of death, the advance cannot be less than 16,000 SDR (the approximate equivalent in local currency).
DELAY IN THE CARRIAGE OF PASSENGERS
In the case of delay, the Airline is liable unless it has taken all the measures possible to avoid it or if it was impossible to take such measures. The liability for this type of damage is limited to 4,694 SDR (the approximate equivalent in local currency).
DELAY IN THE CARRIAGE OF BAGGAGE
In the case of delay, the Airline is liable unless it has taken all the measures possible to avoid it or if it was impossible to take such measures. The liability for this type of damage is limited to 1,131 SDR (the approximate equivalent in local currency).
DESTRUCTION, LOSS OR DAMAGE TO BAGGAGE
The Airline is liable in the case of the destruction or loss of or the damage to baggage for a sum of up to 1,131 SDR (the approximate equivalent in local currency). In the case of checked luggage, the Airline is liable for the damage even if it is not at fault, unless the baggage had an inherent defect. The Airline is liable for damage to unchecked baggage only if it was at fault.
HIGHER LIABILITY LIMITS FOR BAGGAGE
Passengers can also benefit from a higher liability limit by issuing a special Declaration of Value statement no later than the time of check-in, and paying a supplement.
In the case of damage, delay, loss or the destruction of checked baggage, the passenger may present the Airline with a written claim. If the checked baggage was damaged, the passenger must present a written claim within seven days, and, in the case of damaged delayed baggage, within twenty-one days from the date in which the baggage was made available to the passenger.
LIABILITY OF THE CONTRACTING AIRLINE AND THE OPERATING AIRLINE
If the Airline operating the flight is the not the same as the Contracting Airline, the passenger has the right to present a claim for damages to both. The Contracting Airline is the one whose name or code appears on the flight ticket.
TIME LIMITS FOR DAMAGES
Legal action may be initiated within two years of the date of arrival or the date on which the flight should have arrived. The laws governing the above are based on the Convention of Montreal dated May 28, 1999, and implemented in the European Community with EC regulation no. 2027/97, modified by EC regulation no. 889/2002 and by individual Member State legislation.