The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
Where the Montreal Convention applies, the limits of liability are as follows:
There are no financial limits in respect of death or bodily injury.
In respect of destruction, loss of, or damage or delay to baggage, 1,288 Special Drawing Rights [approximately GB £1,365; Euro 1,600; US $1,774] per passenger in most cases.
For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately GB £4,500; Euro 5,100; US $5,800) per passenger in most cases.
EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.
Where the Warsaw Convention system applies, the following limits of liability may apply:
- 16,600 Special Drawing Rights (approximately Euro 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately Euro 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
- 17 Special Drawing Rights (approximately Euro 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately Euro 400; US $400.) for unchecked baggage.
- The carrier may also be liable for damage occasioned by delay.
Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
For travel wholly between U.S. points, Federal rules require any limit on an airlines baggage liability for loss, delay or damage, to be at least US $3,300 per passenger. Excess valuation may be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.