Carrier’s Liability for Damage

Common Provisions, Liability of the Carrier in Air Carriage of Passengers, Baggage, Cargo and/or Mail Carrier’s Liability


General Provisions

Air carrier’s liability in international transport is governed by the Convention for the Unification of Certain Rules Relating to International Carriage by Air of 28 May 1999 (the “Montreal Convention”), by the Regulation of the European Parliament and Council Regulation (EC) No. 889/2002 of 13 May 2002 amending the Council Regulation (EC) 2027/97 on air carrier liability in case of accidents. Insurance in respect of liability for passengers, baggage and cargo is made pursuant to European Parliament and Council Regulation (EC) No. 785/2004 as amended by the Commission Regulation (EU) No. 285/2010. The carrier shall be liable up to the amount of actual damages, however, up to the limitation of his liability. The carrier is not liable for indirect or consequential damages or for loss of profit. Limitation of liability of carrier shall apply to all employees, agents and representatives of the carrier.


Carrier’s Liability for Damage in Air Transport of Passengers and Their Baggage

a) There is no financial liability limit for the carrier in case of death or injury of passenger due to an accident. For compensation up to

100 000 SDR (about €120000 EUR), the carrier shall not object to claims against the arising compensation. For compensation requirements higher than 100 000 SDR, the carrier reserves all rights to defend itself by all means available and the right to prove that there was no negligence or other fault on carrier’s side.

b) In case of the death or injury of a passenger, the carrier will provide the authorized person with an advance payment in the amount of at least 16000SDR (approximately €19000 EUR) to cover immediate financial needs. The advance payment will be provided within 15 days from the date of appointment of the person entitled to compensation. The advance payment does not mean the acceptance of liability by the carrier and in case of subsequent payments the advance payment is considered part of the total compensation. The advance payment will not be refunded to the carrier, unless the carrier proves that the damage was caused by negligence, omission or other improper action of the passenger to which the payment relates, or if the advance payment was received by unauthorized person, according to the applicable law.

c) In the case of delays in carriage of passenger, the carrier is liable for damage of up to 4150SDR (approx. €5000 EUR), unless the carrier has taken all reasonable measures to prevent the damage or it was not possible to carry out such measures.

d) In case of delay in transportation of checked baggage, the carrier is liable for damages of up to 1131SDR (approx. €1300 EUR) per one passenger, unless the carrier has taken all reasonable measures to prevent the damage or it was not possible to carry out such measures.

e) In the case of total damage, loss, or damage to checked or unchecked baggage, the carrier is liable for damages of up to 1131SDR (approx. €1300 EUR) per one passenger, except for cases of general use or cases where the passenger's baggage is damaged or defective already before commencement of the journey.

f) The above liability limit for baggage up to 1131 SDR applies to both checked and unchecked baggage together.


Carrier’s Limitation of Liability

a) The carrier is liable only for damage caused on its own flights only. The carrier who issued the ticket or checked-in the baggage for a flight of another carrier acts only as his agent. Nevertheless, the passengers have the right to exercise their claims, in the case of checked baggage, towards the first or last carrier.

b) The carrier is not liable for damage to the passenger's baggage, which was caused by its content.

c) The carrier is not liable for damage to unchecked baggage and other items in the personal custody of the passenger, unless the damage is caused by the carrier or the passengers could not care about their baggage. However, if the damage was caused jointly by the passenger and the carrier, they both are responsible proportionally, according to their individual participation on the damage.

d) The carrier is not be liable for any damage, loss or partial damage caused by natural causes, death of animals or animal behaviour such as biting, kicking, stabbing or suffocation, or by faulty carrying boxes for the animal, or the inability of the animal to cope mentally with different conditions of air transport.

e) The carrier is not liable for damage to fragile items or perishable goods/cargo, the loss of money, jewellery, precious metals, medicines, keys, cell phones, spectacles and sunglasses, video-cameras, cameras and other electronic devices, marketable securities or other valuables, commercial documents, passports and other identification documents, which are stored in the checked baggage of the passenger, either with or without the knowledge of the carrier.

f) Transportation of beach umbrellas is at own risk. Compensation for damage or loss of beach umbrellas is not provided.

g) In the event that a transported passenger whose age or mental or physical condition is such that it can cause danger or risk, the carrier is not liable for any illness, injuries or incapacity, disability or death attributable to such condition or for deterioration of such state.


Carrier’s Liability for Damage in Air Transport of Cargo and/or Mail

a) In the case of total damage, loss, damage or delay of cargo and/or mail, the carrier's liability is limited to the amount of 17SDR per kilogram of the total weight of cargo and/or mail.

b) The limitation of liability does not apply to the air carriage of cargo and/or mail with declared value, when the carrier is liable to the stated amount.