EUROPEAN NOTICE
This notice sets out the liability provisions applied by airlines in accordance with European legislation and the Montreal Convention.
Compensation in the event of death or injury
Liability in the event of a passenger’s death or injury is not subject to any financial limit. For damages not exceeding 100,000 SDRs* (approximately €123,000), the airline cannot contest the claim for compensation. Above this amount, the airline may not be held liable if it can prove that it did not act negligently or was not at fault in any other way.
Advance payments
In the event of a passenger’s death or injury, the air carrier must pay an advance to cover immediate financial needs within fifteen days of identifying the person entitled to compensation.
In the event of death, this advance payment must not be less than 16,000 SDRs (approximately €20,000).
Delay of passengers
The airline is liable for damage resulting from a delay in the carriage of passengers by air, unless it has taken all measures that could reasonably be expected to avoid such damage or was unable to take such measures. Liability is then limited to 4,150 SDRs (approximately €5,100) per passenger.
Delayed baggage
The airline is liable for damage resulting from a delay in the carriage of baggage by air, unless it has taken all reasonable measures to avoid such damage or it was impossible for it to take such measures. Liability is then limited to 1,000 SDRs (approximately €1,230) per passenger.
Destruction, loss or damage to baggage
The airline is liable in the event of destruction, loss or damage to baggage up to a maximum of 1,000 SDRs (approximately €1,230) per passenger. In the case of hold luggage, the airline is also liable even if the damage is not directly attributable to it, unless the luggage was already damaged. In the case of unchecked baggage, the airline is only liable if it is at fault.
Higher liability
limits for luggage
A higher liability limit may apply to baggage if the passenger has made a special declaration before boarding and has paid a surcharge.
Complaints regarding baggage
In the event of damage, delay, loss or destruction of luggage, the passenger must submit a written claim to the airline as soon as possible. If checked-in baggage is damaged, the passenger must make a written claim no later than seven days from the date on which the baggage was made available to them, and within 21 days in the event of delayed baggage.
Liability of the carrier with whom a contract has been concluded, and of the operating carrier
If the airline operating the flight is not the same as the one with which the contract of carriage was concluded, the passenger is entitled to submit a complaint or claim to either of these airlines. If the name or code of an airline appears on the ticket, that airline is the one with which the contract of carriage was concluded.
Time
limit for bringing a claim
A claim for damages must be brought within two years of the date of the aircraft’s arrival at its destination or the date on which the aircraft should have arrived at its destination.
Basis of this notice
This notice is 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.
Disclaimer
This notice is made mandatory by Article 6.1 or by Regulation (EC) No 889/2002. Chalair Aviation cannot under any circumstances guarantee the completeness of this notice.
* Special Drawing Rights