The air carrier's responsibility for passengers and their baggage
This information summarises the rules of responsibility applied by the European Community’s carriers in compliance with the legislation of the European Community and the Montreal Convention.
Indemnity in the case of death or bodily injury
Responsibility for a passenger's bodily injury or death is not subject to limitations. The air carrier may not question indemnity claims for damages up to 151 880 SDR. The air carrier may defend against claims for sums larger than the above-mentioned amount by proving the lack of negligence or any other fault on its part.
Advances towards indemnity
In the case of a passenger’s death or bodily injury, the air carrier is obliged to make advance payments to cover essential needs within 15 days from the identification of the person entitled to receive the indemnity. In the case of death, the advance payment may not be lower than 16,000 SDR.
Delays in the carriage of passengers
In case of delays in the carriage of passengers, the air carrier bears responsibility for damage if it has not used all possible preventative measures to avoid the delay or if the use of such measures was impossible. The responsibility for delays in passengers’ carriage is limited up to the sum of 6 303 SDR.
Delays in baggage delivery
In case of delays in baggage carriage, the air carrier bears responsibility for damage if it has not used all possible preventative measures to avoid the delay or if the use of such measures was impossible. The responsibility for delays in baggage carriage is limited to the sum of 1 519 SDR.
Destruction of, loss of or damage to baggage
The air carrier bears responsibility for the destruction of, loss of, damage to baggage up to the sum of 1 519 SDR. In the case of checked baggage, the air carrier bears responsibility even if it is not at fault for the damage to the baggage, unless the baggage was defective. In case of non-checked baggage, the air carrier is responsible only if the damage occurred through the carrier’s fault.
Increase of the limit of responsibility for baggage
The passenger may take advantage of the increased limit of responsibility by submitting appropriate declarations and paying an additional fee, not later than during the ticket and baggage check-in.
Baggage claims
In the case of any damage, loss or destruction of baggage, the passenger is obliged to submit a written complaint as soon as possible. In the case of any damage to checked baggage, the written complaint must be submitted within 7 days of the delivery of the baggage to the passenger, and in the case of delays in baggage carriage – within 21 days from this date.
Responsibility of the carrier entering into the contract and the flight operator
If the carrier performing the carriage is not the carrier with whom the passenger entered into the contract, the passenger has the right to lodge a complaint or demand indemnity from either of them. If the name or the code of an air carrier is shown in the ticket, it is the carrier with whom the contract was entered into.
Time limits for filing an action
An indemnity action must be filed within two years from the date of the plane’s arrival or from the day on which the plane should have landed.
Grounds for this information
The grounds for the above regulations is the Montreal Convention of 28 May 1999, the provisions of which are approved for use in the European Community by Decree of the European Council (EC) No. 2027/97 and supplemented by Decree (EC) No. 889/2002 and the legislation of the Member States of the European Union.