EU
NOTICE REQUIREMENT – ARTICLE 6(1)
EU CARRIERS
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied
by Community air carriers as required by Community legislation
and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger
injury or death. For damages up to 100,000 SDR’s (approximately £82,000)
the air carrier cannot contest claims for compensation. Above
that amount, the air carrier can defend itself against a claim
by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must
make an advance payment, to cover immediate economic needs,
within
15 days from the identification of the person entitled to
compensation. In the event of death, this advance payment
shall not be less
than 16,000 SDR’s (approximately £13,000).
Passenger delays
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 SDR’s (approximately £3,500).
Baggage delays
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 SDR’s (approximately £820).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage
to baggage up to 1,000 SDR’s (approximately £820).
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 only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by
making a special declaration at the latest at check-in
and by paying
a supplementary fee.
Complaints on baggage
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
on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not
the same as the contracting air carrier, the passenger
has the
right to address a complaint or to make a claim for damages
against either. If the name or code of an air carrier is
indicated on the ticket, that air carrier is the contracting
air carrier.
Time limit for action
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.
Basis for the information
The basis for the rules described above is the Montreal
Convention of 28 May 1999, which is implemented in the
Community by
Regulation (EC) No2027/97 (as amended by Regulation (EC)
No889/2002) and
national legislation of the Member States. |
