14.1 The liability rules of the Montreal Convention 1999 and EC Regulation 2027/97 (as amended by EC Regulation 889/2002) apply to international travel, as defined in the Convention. There is a summary of those liability rules in our regulations.
14.2 There are no financial limits to our liability for death or personal injury to any passenger. We must pay claims for up to 128,821 SDRs, per passenger unless we can prove that the death or injury was caused by, or contributed to by, the negligence of the passenger themselves. For claims of more than 128,821 SDR, we may be considered not to be to blame if we can prove that:
- we and our agents took all necessary measures to avoid the death or physical injury; or
- it was impossible for us or them to take the measures necessary to avoid the death or physical injury.
14.3 After a death we may be liable for, we will, no later than 15 days after the person entitled to compensation appears to have been identified, make an advance payment of at least 16,000 SDR per passenger to meet that person’s immediate financial needs. The amount we pay will be based on the extent of the financial difficulties being suffered.
Making an advance payment does not mean that we accept any liability. Also, we may take the advance payment off any compensation we go on to pay. Advance payments made under this clause do not have to be paid back unless:
- we prove that the death or physical injury was caused by, or contributed to by, the relevant passenger’s negligence; or
- it is proved that the person who received the advance payment was not the person entitled to compensation; or
- it is proved that the death or physical injury was caused by, or contributed to by, negligence of the person who received the advance payment.
14.4 Except where clauses 14.2 and 14.3 above say otherwise, the following conditions relating to liability apply:
14.4.1 Any liability we have for loss, damage, death or physical injury will be reduced, as allowed by any law that applies, if that loss, damage, death or physical injury was caused by, or contributed to by, your negligence.
14.4.2 We will not be liable for loss of or damage to carry-on baggage unless the loss or damage is caused by our negligence.
14.4.3 We will not be liable for any loss or damage arising from things we need to do in order to keep to any law, rule or regulation that applies, or from you failing to keep to any law, rule or regulation that applies.
14.4.4 Our liability for loss of or damage to baggage will be limited to 1,288 SDR (or its equivalent) for each piece of baggage that is lost or stolen unless you have made a special declaration of interest in delivery at destination before checking in your baggage and paid the relevant fee (increasing our liability to a maximum of 2,262 SDR).
14.4.5 Except where any part of these terms specifically says otherwise, we will only be liable for proven losses and costs as set out in the Montreal Convention 1999.
14.4.6 We will not be liable for any loss, damage, death or physical injury caused by your baggage. You will be responsible for such loss, damage, death or personal injury.
14.4.7 We are liable for loss of or damage to checked-in luggage only if the event which caused the loss or damage took place on the plane or during any period when the checked-in luggage was in our possession. However, we will not be liable if the loss or damage resulted from the baggage being flawed, faulty, in a poor condition, unsuitable or inappropriate. We will not have any liability for damage to items that article 8 states should not be in checked-in luggage. In the case of carry-on baggage, including personal items, we are liable only if the loss or damage resulted from our fault or that of our employees or agents. See clause 8.10 for items that cannot be carried on a plane.
14.4.8 We are not responsible for any illness, injury, death or disability resulting from or relating to your physical condition.
14.4.9 These terms also apply to anyone acting on our behalf. The total amount that can be recovered from anyone acting for us will not be more than the amount that could be recovered from us.
14.4.10 Nothing in these terms removes any liability we have under the Montreal Convention 1999 or relevant laws, except where these terms say otherwise.