Air Carrier Liability For Passengers And Their Baggage

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

Compensation In The Case Of Death Or Injury

There is no financial limit to the liability for passenger injury or death. For damages up to 100,000 Special Drawing Rights (approximately EUR 123,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

Advance Payments

If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately EUR 20,000).

Passenger Delays

In case of passenger 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 passenger delay is limited to 4,150 SDRs (approximately EUR 5,100).

Baggage Delays

In case of baggage 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 baggage delay is limited to 1,000 SDRs (approximately EUR 1,230). The air carrier is not responsible for any baggage accepted under ‘Limited Release’ if signed.

Destruction, Loss Or Damage To Baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.

Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs, in accordance with the Convention.

Higher Limits For Baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

NOTE: Confirmation is required on this.

Complaints On Baggage

Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If the baggage 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 baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Where the damage was not reported at the airport on arrival, the passenger must produce it for visual inspection by airport personnel within 7 days of travel.

Liability Of Actual And Contracting Carrier

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. 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 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.

SDR

Means a Special Drawing Right as defined by the International Monetary Fund. (The current value of this currency unit may be found in the financial pages of major newspapers or financial web sites.) US Dollar amounts contained in these Conditions of Carriage are indicative only. The actual amount of damages payable by us shall be the amount converted into the currency of Ireland on the day on which the amount of any damages to be paid by us is ascertained by a court as certified by the Central Bank of Ireland or as otherwise provided under applicable law.

Basis For 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.

Disclaimer

This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.