Liability of airline companies for passengers and their
luggage
This informative notification gives a summary of the
liability rules which apply airline companies of the
community in accordance with the EEC-LAW and the Treaty of Montreal.
Indemnity at death or lesion
The liability for death or lesion of passengers has not
been limited by financial limits. For
damage to 100,000 particular drawing rights (amount
approximately in local currency) cannot progress to indemnity to the
airline company dispute. Above that amount she can resist
himself against a progress if she can the proof provide that she has
been not negligent or otherwise in lack is
remained.
Advances
If a passenger touches wounded or for living comes, the
airline company must within 15 days after
damages beneficiary is identified, an advance pay to approach
to the immediate economic needs. In case of death the advance
can amount to no less than 16,000 particular drawing rights (amount
approximately in local currency).
Delay of passengers
In case of delay of passengers the airline company is
responsible for damage which arises,
unless she has taken all reasonable measures to prevent damage
or in impossibility found oneself such of taking measures. The
liability for delay of passengers has been restricted to 4,150
particular drawing rights (amount approximately in local currency).
Delay of luggage
In case of delay of luggage the airline company is
responsible for damage which arises, unless she has taken all
reasonable measures for damage to occur or in impossibility found
oneself for
such measures to take. The liability for delay of
luggage has been restricted to 1,000 particular drawing rights (amount
approximately in local currency).
Destruction, loss or damage of luggage
The airline company is responsible for destruction, loss
or damage of luggage to
maximum of 1,000 particular drawing rights (amount
approximately in local currency). When it concerns indicated
luggage, the society is also responsibly if she has not been in
default, unless luggage were already damaged. When
niet-aangegeven concern luggage, the airline company is only
responsible if she has been in default.
Higher limits for luggage
There is possible money a higher liability limit if the
passenger before he has gone to border,
special declaration has taken off and additional compensation
has paid.
Complaints concerning luggage
If is destroyed luggage damaged, slowed down, vermist
or, the passenger must as soon as possible at
airline company lodge a written complaint. In case of
damage of declared luggage the passenger must lodge a written
complaint within seven days and in case of delay of declared luggage
within 21 days after the date on which luggage
to its arrangement it has been put.
Liability of the contractual carrier and those of the
actual carrier
As an airline company which does not look after the
flight the same is such as the society with which the transport
contract has been closed, the passenger has the right a complaint or
address a progress to indemnity to each of both societies. If
the name or code of an airline company on the ticket appears, that
society the carrier is with which the transport contract has been
closed.
Period for legal action
A legal action to obtaining indemnity must be started
within two
year after the time of arrival of the plane or the time on
which the plane would have had arrive.
Basis for the notification
Basis for these rules is the Treaty of Montreal of 28
May 1999, which in the community is carried out regulation (EG) no.
2027/97 (modified at regulation (EG) no. the 889/2002) and national
laws of the Member States..
The summary and the notification cannot become used as a
basis to progress an indemnity or to explain this regulation or the
Treaty of Montreal the provisions of.
