Liability for Damage

Article 15 - Liability for Damage
  • Applicability

    The liability of each carrier involved in your journey will be determined by its own conditions of carriage. Our liability provisions are as follows:

  • Warsaw Convention

    Unless otherwise provided in this Article, international carriage, as defined in the Convention, is subject to the liability rules of the Convention.

  • Death of or Injury to Passengers

    • Our liability for damages sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.
    • For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights, we shall not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures.
    • Notwithstanding the provisions of Article 15.3.2, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.
    • We shall, without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
    • Without prejudice to Article 15.3.4, an advance payment shall not be less than the equivalent of 15,000 Special Drawing Rights per Passenger in the event of death.
    • An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 15.3.3 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
    • We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
  • Baggage

    • We will not be liable for damage to unchecked Baggage unless such damage is caused by our negligence.
    • Except in the case of an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability in the case of damage to checked Baggage shall be limited as provided by the Convention, which in most cases provides for a limit of 17 Special Drawing Rights per kilo for checked Baggage and 332 Special Drawing Rights in the case of unchecked Baggage, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of your checked Baggage is not recorded on the baggage check, it is presumed that the total weight of the checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.
    • We are not liable for any damage caused by your Baggage. You shall be responsible for any damage caused by your Baggage to other persons or property, including our property.
    • We shall have no liability whatsoever for damage to articles not permitted to be contained in checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
  • General

    • 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 or your failure to comply with applicable laws or Government rules and regulations.
    • Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.
    • The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
    • Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
    • Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.



More about FlySmiles