NOTICE ON THE LIMITATION OF AIR CARRIER LIABILITY TOWARDS PASSENGERS AND THEIR LUGGAGE
This notice summarizes the liability rules applied by TARM pursuant to Community legislation and the Montreal Convention.
Compensation in case of death or injury
There is no financial limit for liabilities in case of passenger injury or death. For damages up to 113,100 DEG (approximately 132,330 euro), the air carrier cannot appeal the claims. In case of higher amounts, the air carrier may appeal a claim only by proving that it was not negligent or otherwise at fault.
In case of passenger injury or death, the air carrier shall pay, within 15 days from the identification of the person entitled to compensation, an advance to cover immediate financial needs. In case of death, this advance shall be not less than 16,000 DEG (approximately 18,720 euro).
In case the passenger is delayed, the air carrier shall be liable for damages unless it took all reasonable measures to avoid the damage or it was impossible to take such measure. The liability in case of passenger delay is limited to an amount of 4,694 DEG (approximately 5492 euro).
In case of luggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for luggage delay is limited to 1,131 DEG (approximately 1324 euro).
Destruction, loss or damage to luggage
The air carrier is liable for destruction, loss or damage to luggage up to an amount of 1131 DEG (approximately 1324 euro). In the case of checked luggage, it is liable even if not at fault, execpt cases when the luggage was already defective. In the case of unchecked luggage, the carrier is liable only for damages from its fault.
Upper limits for luggage
The passenger can benefit from a higher liability limit by submitting a special declaration at the latest at check-in time, and by paying a supplementary fee.
If the luggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked luggage, the passenger must write and complain within seven days, and in the case of delay, within 21 days; in both cases, the relevant date is the date when the luggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either carrier. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for complaints
Any court complaint must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft should have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.