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.
Where the Montreal Convention applies, the limits of liability are as follows:
- There are no financial limits for passenger death or bodily injury, however, the carrier shall not be liable for damages exceeding 100,000 Special Drawing Rights (Approximately EUR 123,000) if it proves that it was not negligent or at fault or such damages is solely attributable to the negligence or fault of third parties. The air carrier may make an advance payment to meet the immediate economic needs of the person entitled to claim compensation.
- In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,230) per passenger.
- In the case of damage caused by delay in the carriage by air of passengers, 4,150 Special Drawing Rights (approximately EUR 5,100)
EC Regulation No. 889/2002 required this notice of European Union carriers.
The Montreal Convention applies to all operations by European Union carriers and to all operations of other, non-European Union carriers that have elected to accepts its provisions. Check with your carrier for more information.
Where the Warsaw Convention applies, the limits of liability are as follows:
- 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.
- 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.
- The carrier may also be liable for damage occasioned by delay.
Special Drawing Rights are not used to express limits of liability for all journeys to which the Warsaw Convention applies. In those cases, the limits of liability calculated under the Warsaw Convention may be different. Please refer to the tariffs, conditions of carriage or related regulations of your carrier.
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.
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 at check-in a special declaration of the value of your baggage and paying a supplementary fee, or by purchasing additional insurance.
Time limit for action : A written complaint must be filed with the carrier within 7 days from the date of receipt in the case of damage to baggage and within 21 days from the date of baggage is placed at your disposal in the case of delay. 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. No action shall lie against the carrier for failure to comply with the time limit.
This Notice is pursuant to the requirements of European Community Regulation (EC) No. 889/2002.