This notice sets out the liability provisions that airlines apply in accordance with European legislation and the Montreal Convention.
Compensation in the event of death or injury
Liability for passenger death or injury is not subject to any financial limit. For damage up to 100,000 SDR* (approx. €123,000), the airline cannot contest the claim. Above this amount, the airline may not be held liable if it can prove that it was not negligent or otherwise at fault.
In the event of the death or injury of a passenger, the air carrier must make an advance payment to cover immediate economic needs within fifteen days of identifying the person entitled to compensation.
In the event of death, this deposit may not be less than 16,000 SDR (around €20,000).
The airline is liable for damages resulting from delays in the carriage of passengers by air, unless it has taken all reasonable measures to avoid them or was unable to take such measures. In this case, liability is limited to 4,150 SDRs (around €5,100) per passenger.
The airline is liable for damages resulting from delays in the carriage of baggage by air, unless it took all reasonable measures to avoid them or was unable to take such measures. In such cases, liability is limited to 1,000 SDRs (approx. €1,230) per passenger.
Destruction, loss or damage to luggage
The airline is liable for destruction, loss or damage to baggage up to a maximum of 1,000 SDR (approx. €1,230) per passenger. In the case of hold baggage, the airline is also liable even if the damage is not its direct responsibility, unless the baggage was already damaged. In the case of unchecked baggage, the airline is liable only if it is at fault.
Higher baggage limits
A higher liability limit may apply to baggage if the passenger has made a special declaration before boarding and has paid a supplement.
In the event of damage, delay, loss or destruction of baggage, the passenger must make a claim in writing to the airline as soon as possible. If the hold baggage is damaged, the passenger must make a claim in writing at the latest within seven days of the date on which the baggage was made available to him/her, and within 21 days in the event of baggage delay.
Liability of the carrier with whom a contract has been concluded, and of the actual carrier
If the airline operating the flight is not the same as the one with which the contract of carriage was concluded, the passenger has the right to address a complaint or claim to either of these airlines. If the name or code of an airline appears on the ticket, this airline is the one with which the contract of carriage was concluded.
Time limit for appeal
An action for damages must be brought within two years of the date on which the aircraft arrived at its destination, or the date on which the aircraft should have arrived at its destination.
Basis of this notice
This leaflet is based on the Montreal Convention of May 28, 1999, implemented in the Community by Regulation (EC) No. 2027/97 (amended by Regulation (EC) No. 889/2002), and by the national legislation of the Member States.
This manual is required by art. 6.1 or EC regulation 889/2002. Chalair Aviation cannot guarantee the completeness of this manual.
* Special Drawing Rights