Contents
Legal Notices
General Conditions of Carriage
Article XIV - Successive Carriers
1. Carriage performed by several successive Carriers, under a single Ticket or a Conjunction Ticket, is deemed to constitute, for the application of the Convention, a single carriage operation, where envisaged by the parties as being a single operation.
The provisions that cover this situation are set forth in Article XV/ 1.3 (a)
2. Where the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall only be liable for the portion of the Carriage performed using its own resources.
3. In the event of the destruction, loss, damage or delay of their Baggage, Passengers or their beneficiaries may file a claim against the Carrier that performed the carriage during which the accident or the delay occurred. Passengers may also file a claim against the first and last Carrier.
The provisions that cover this situation are set forth in Article XV/ 1.3 (a)
2. Where the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall only be liable for the portion of the Carriage performed using its own resources.
3. In the event of the destruction, loss, damage or delay of their Baggage, Passengers or their beneficiaries may file a claim against the Carrier that performed the carriage during which the accident or the delay occurred. Passengers may also file a claim against the first and last Carrier.
Article XV - Liability for Damage
1. General Provisions
The Carrier´s liability shall be determined by the General Conditions of Carriage of the Carrier that issued the Ticket, except as otherwise provided for and brought to the Passenger´s attention. If the Carrier´s liability is triggered, it will be triggered under the following conditions:
1.1 Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, as regards the carriage of passengers and their baggage, as well as, where applicable, the IATA Agreements.
1.2 The Carrier shall be liable for the harm caused in the event of death or bodily injury provided that the accident that caused the death or bodily injury occurred on board the aircraft or during any embarkation or debarkation operations, as defined by Article 17 of the Convention.
1.3 To the extent that the following provisions do not conflict with the other provisions in these Conditions, and regardless of whether or not the Convention is applicable:
(a) The Carrier´s liability is limited to Damage that occurred during air Carriage for which its Designator Code appears on the Coupon or the Ticket that corresponds to the flight. If the Carrier issues a Ticket for a carriage service performed by another Carrier or if the Carrier checks in Baggage on behalf of another Carrier, the Carrier shall only act as an agent for said other Carrier. However, as regards Checked Baggage, Passengers are entitled to take action against the first or the last Carrier involved in their journey.
(b) The Carrier´s liability cannot exceed the amount of the proven direct Damage and the Carrier shall not be liable in any way for any consequential Damage or any form of non-compensatory Damage.
(c) The Carrier may in no way be held liable for Damage that results from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or failure to comply with said same provisions by the Passenger.
(d) The Carrier´s liability may not be triggered for Damage to Unchecked Baggage, unless such Damage is directly caused by the Carrier´s fault, or a fault of one of its servants or agents, which must be proved by the Passenger citing such Damage.
(e) The Carrier is not liable for any illness, injury or disability, including the death of a Passenger caused by the Passenger´s physical condition, nor for any aggravation of said same condition.
(f) The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier´s Authorised Agents, its servants, its agents, its representatives and the owner of the aircraft used by the Carrier, as well as the staff, employees and representatives of said owner. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability.
(g) If the negligence or other wrongful action or omission of the person who is requesting compensation or the person whose rights they hold caused the Damage or contributed thereto, the Carrier shall be wholly or partially exempt from its liability with respect to said person, including in the event of death or bodily injury, in accordance with the law in force.
(h) Except as expressly otherwise provided for, none of these provisions involve the waiver of the exclusion or limitation of the liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, servants, agents or representatives in accordance with the Convention and applicable law.
2. Provisions Applicable to International and Interior Flights
2.1. Bodily Injury
(a) In accordance with Article 17 § 1 of the Montreal Convention, the Carrier is liable for the Damage sustained in the event of the death or bodily injury suffered by a Passenger, if the accident that caused the Damage occurred on board the aircraft or in the course of any embarking or disembarking operations, as defined by the Montreal Convention, and subject to any liability exemptions.
(b) The Carrier shall not be liable for the Damage if it provides proof that:
• The death or bodily injuries suffered were a result of the physical or mental health of the Passenger prior to the Passenger embarking on board the flight.
• The Damage, as defined by paragraph 2.1 (a) was caused, in whole or in part, by the negligence, wrongful act or omission of the person claiming compensation or the person whose rights they hold, in accordance with Article 20 of the Montreal Convention.
• The Damage is not due to the negligence, or other wrongful act or omission of the Carrier, its servants or agents, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, in accordance with Article 21 § 2 (a) of the Montreal Convention.
• The Damage results solely from the negligence, or other wrongful act or omission of a third party, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, in accordance with Article 21 § 2 (b).
(c) Amount of compensable Damage:
• The amount of the Carrier´s liability in the event of the death or bodily injury of a Passenger, as defined by paragraph 2.1 (a) above, is not subject to any limitation. The amount of the compensable Damage shall cover the redress of the Damage, as fixed by amicable agreement, by expert appraisal or by the competent courts.
• Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
(d) The Carrier reserves all rights to remedies and subrogation against all third parties.
(e) In the event of death or bodily injury resulting from an air accident, as defined by Article 17 of the Convention and paragraph 2.1 (a) of said Article and pursuant to Article 5 of Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 19 October 1997, the person identified as Beneficiary may benefit from an advance to enable them to meet their immediate needs, in proportion to the material damage suffered. Said advance shall not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to the law in force, said advance shall be paid within 15 days of the identification of the Beneficiary and shall be deductible from the definitive amount of compensation owed to the deceased Passenger.
Pursuant to Article 5 of Regulation (EC) No 889/2002 of 13 May 2002 and Article 28 of the Montreal Convention of 28 May 1999, the payment of said advances or early payments does not constitute recognition of liability and said amounts may be deducted from the amounts paid subsequently by the Community Carrier as compensation, depending on the liability thereof.
Said advance is not refundable except where proof is provided that the negligence or other wrongful act or omission of the person requesting compensation or of the person whose rights they hold caused the Damage or contributed thereto, or where the person to whom the advance was paid was not entitled to compensation.
2.2 Delays
(a) Characteristics of the compensable Damage:
• Solely proven direct Damage that directly results from a delay is compensable, to the exclusion of all consequential Damage or any other form of Damage other than compensatory Damage.
• The Passenger must prove the existence of the Damage that directly results from the delay.
(b) Extent of the Carrier´s liability:
• The Carrier shall not be liable for Damage that results from the delay if it proves that the Carrier, its servants or agents took all measures that should reasonably be taken to avoid the Damage or that it was impossible for the Carrier to take such measures.
• The Carrier is not liable for the Damage that results from the delay, if the delay is attributable to the Passenger or the Passenger contributed thereto, i.e. if the Damage results in whole or in part from the negligence, or wrongful act or omission of the person who is requesting compensation or of the person whose rights they hold.
(c) Extent of the Compensation:
• In the event of Damage suffered by Passengers that results from a delay, as defined by the Montreal Convention, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 4,694 SDR per Passenger. The amount of the compensation shall be determined in light of the Damage proved by the Passenger.
• In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 1,131 SDR per Passenger.
Lump-sum compensation (intended to cover costs of immediate requirements) may be granted to Passengers.
2.3 Baggage
(a) In accordance with Article 17 of the Montreal Convention, the Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the accident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
(b) Exclusions of the Carrier´s liability:
• The Carrier shall not be liable for Damage suffered by a Passenger´s Baggage where said Damage results from the nature of or a defect inherent in said Baggage. If the property contained in the Passenger´s Baggage is a cause of damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.
• The Carrier shall not assume any specific liability, other than that provided for in sub-paragraph (c) below, for any Damage and/or loss caused to fragile, perishable or valuable items or items that are not adequately packed, in accordance with Article VIII/3 above, unless the Passenger made the Special Declaration of Interest provided for in Article VIII/8 (a) above and if the Passenger paid the corresponding surcharge.
• The Carrier shall not be liable for damage caused in whole or in part to Baggage, due to the negligence, or a wrongful act or omission of the person who is claiming compensation of from the person whose rights they hold.
(c) Amount of the Compensable Damage:
• For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could result therefrom, the Carrier´s liability in the event of Damage shall be limited to 1,131 SDR per Passenger. If a higher value was declared, in accordance with Article VIII/8 (a), the Carrier´s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger´s genuine interest at the time of delivery.
• For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of a proven fault by the Carrier, its servants or agents. Said liability shall in this case be limited to 1,131 SDR per Passenger.
The Carrier´s liability shall be determined by the General Conditions of Carriage of the Carrier that issued the Ticket, except as otherwise provided for and brought to the Passenger´s attention. If the Carrier´s liability is triggered, it will be triggered under the following conditions:
1.1 Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, as regards the carriage of passengers and their baggage, as well as, where applicable, the IATA Agreements.
1.2 The Carrier shall be liable for the harm caused in the event of death or bodily injury provided that the accident that caused the death or bodily injury occurred on board the aircraft or during any embarkation or debarkation operations, as defined by Article 17 of the Convention.
1.3 To the extent that the following provisions do not conflict with the other provisions in these Conditions, and regardless of whether or not the Convention is applicable:
(a) The Carrier´s liability is limited to Damage that occurred during air Carriage for which its Designator Code appears on the Coupon or the Ticket that corresponds to the flight. If the Carrier issues a Ticket for a carriage service performed by another Carrier or if the Carrier checks in Baggage on behalf of another Carrier, the Carrier shall only act as an agent for said other Carrier. However, as regards Checked Baggage, Passengers are entitled to take action against the first or the last Carrier involved in their journey.
(b) The Carrier´s liability cannot exceed the amount of the proven direct Damage and the Carrier shall not be liable in any way for any consequential Damage or any form of non-compensatory Damage.
(c) The Carrier may in no way be held liable for Damage that results from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or failure to comply with said same provisions by the Passenger.
(d) The Carrier´s liability may not be triggered for Damage to Unchecked Baggage, unless such Damage is directly caused by the Carrier´s fault, or a fault of one of its servants or agents, which must be proved by the Passenger citing such Damage.
(e) The Carrier is not liable for any illness, injury or disability, including the death of a Passenger caused by the Passenger´s physical condition, nor for any aggravation of said same condition.
(f) The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier´s Authorised Agents, its servants, its agents, its representatives and the owner of the aircraft used by the Carrier, as well as the staff, employees and representatives of said owner. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier´s liability.
(g) If the negligence or other wrongful action or omission of the person who is requesting compensation or the person whose rights they hold caused the Damage or contributed thereto, the Carrier shall be wholly or partially exempt from its liability with respect to said person, including in the event of death or bodily injury, in accordance with the law in force.
(h) Except as expressly otherwise provided for, none of these provisions involve the waiver of the exclusion or limitation of the liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, servants, agents or representatives in accordance with the Convention and applicable law.
2. Provisions Applicable to International and Interior Flights
2.1. Bodily Injury
(a) In accordance with Article 17 § 1 of the Montreal Convention, the Carrier is liable for the Damage sustained in the event of the death or bodily injury suffered by a Passenger, if the accident that caused the Damage occurred on board the aircraft or in the course of any embarking or disembarking operations, as defined by the Montreal Convention, and subject to any liability exemptions.
(b) The Carrier shall not be liable for the Damage if it provides proof that:
• The death or bodily injuries suffered were a result of the physical or mental health of the Passenger prior to the Passenger embarking on board the flight.
• The Damage, as defined by paragraph 2.1 (a) was caused, in whole or in part, by the negligence, wrongful act or omission of the person claiming compensation or the person whose rights they hold, in accordance with Article 20 of the Montreal Convention.
• The Damage is not due to the negligence, or other wrongful act or omission of the Carrier, its servants or agents, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, in accordance with Article 21 § 2 (a) of the Montreal Convention.
• The Damage results solely from the negligence, or other wrongful act or omission of a third party, insofar as the amount of Damage exceeds 113,100 SDR per Passenger, in accordance with Article 21 § 2 (b).
(c) Amount of compensable Damage:
• The amount of the Carrier´s liability in the event of the death or bodily injury of a Passenger, as defined by paragraph 2.1 (a) above, is not subject to any limitation. The amount of the compensable Damage shall cover the redress of the Damage, as fixed by amicable agreement, by expert appraisal or by the competent courts.
• Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
(d) The Carrier reserves all rights to remedies and subrogation against all third parties.
(e) In the event of death or bodily injury resulting from an air accident, as defined by Article 17 of the Convention and paragraph 2.1 (a) of said Article and pursuant to Article 5 of Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 19 October 1997, the person identified as Beneficiary may benefit from an advance to enable them to meet their immediate needs, in proportion to the material damage suffered. Said advance shall not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to the law in force, said advance shall be paid within 15 days of the identification of the Beneficiary and shall be deductible from the definitive amount of compensation owed to the deceased Passenger.
Pursuant to Article 5 of Regulation (EC) No 889/2002 of 13 May 2002 and Article 28 of the Montreal Convention of 28 May 1999, the payment of said advances or early payments does not constitute recognition of liability and said amounts may be deducted from the amounts paid subsequently by the Community Carrier as compensation, depending on the liability thereof.
Said advance is not refundable except where proof is provided that the negligence or other wrongful act or omission of the person requesting compensation or of the person whose rights they hold caused the Damage or contributed thereto, or where the person to whom the advance was paid was not entitled to compensation.
2.2 Delays
(a) Characteristics of the compensable Damage:
• Solely proven direct Damage that directly results from a delay is compensable, to the exclusion of all consequential Damage or any other form of Damage other than compensatory Damage.
• The Passenger must prove the existence of the Damage that directly results from the delay.
(b) Extent of the Carrier´s liability:
• The Carrier shall not be liable for Damage that results from the delay if it proves that the Carrier, its servants or agents took all measures that should reasonably be taken to avoid the Damage or that it was impossible for the Carrier to take such measures.
• The Carrier is not liable for the Damage that results from the delay, if the delay is attributable to the Passenger or the Passenger contributed thereto, i.e. if the Damage results in whole or in part from the negligence, or wrongful act or omission of the person who is requesting compensation or of the person whose rights they hold.
(c) Extent of the Compensation:
• In the event of Damage suffered by Passengers that results from a delay, as defined by the Montreal Convention, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 4,694 SDR per Passenger. The amount of the compensation shall be determined in light of the Damage proved by the Passenger.
• In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could be caused, the Carrier´s liability is limited to the amount of 1,131 SDR per Passenger.
Lump-sum compensation (intended to cover costs of immediate requirements) may be granted to Passengers.
2.3 Baggage
(a) In accordance with Article 17 of the Montreal Convention, the Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the accident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
(b) Exclusions of the Carrier´s liability:
• The Carrier shall not be liable for Damage suffered by a Passenger´s Baggage where said Damage results from the nature of or a defect inherent in said Baggage. If the property contained in the Passenger´s Baggage is a cause of damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.
• The Carrier shall not assume any specific liability, other than that provided for in sub-paragraph (c) below, for any Damage and/or loss caused to fragile, perishable or valuable items or items that are not adequately packed, in accordance with Article VIII/3 above, unless the Passenger made the Special Declaration of Interest provided for in Article VIII/8 (a) above and if the Passenger paid the corresponding surcharge.
• The Carrier shall not be liable for damage caused in whole or in part to Baggage, due to the negligence, or a wrongful act or omission of the person who is claiming compensation of from the person whose rights they hold.
(c) Amount of the Compensable Damage:
• For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently with the awareness that Damage could result therefrom, the Carrier´s liability in the event of Damage shall be limited to 1,131 SDR per Passenger. If a higher value was declared, in accordance with Article VIII/8 (a), the Carrier´s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger´s genuine interest at the time of delivery.
• For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of a proven fault by the Carrier, its servants or agents. Said liability shall in this case be limited to 1,131 SDR per Passenger.
Article XVI - Time limitation on claims and action
1. Notification of Claims for Baggage
(a) The receipt of Checked Baggage without complaint within the timeframes scheduled by the addressee shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently may not be taken into account.
In the same way, any item noted as missing from Baggage must imperatively be declared to the Carrier as soon as possible. Any late declarations may not be taken into account.
(b) In the event of the damage, delay, loss or destruction of Baggage, the Passenger concerned must file a written complaint with the Carrier as soon as possible and at the latest within the respective time limits of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) as from the date on which the Baggage was made available to the Passenger.
If a complaint is not filed within the time limits stipulated, all actions against the Carrier shall be inadmissible, except in the event of fraud by the Carrier.
If the complaint was lodged within the stipulated time limits of seven (7) or twenty-one (21) days and no conciliation has been reached between the Carrier and the Passenger, the Passenger may file an action for damages within two years of the arrival date of the aircraft, or following the date on which the aircraft was scheduled to land.
2. Liability Actions for Passengers
All liability actions must be filed, under penalty of forfeiture, within two years as from arrival at destination, or from the date on which the aircraft was scheduled to arrive or from the end of the carriage.
The method for calculating the time limit shall be determined by the law of the Court before which proceedings are brought.
3. All the claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits specified.
(a) The receipt of Checked Baggage without complaint within the timeframes scheduled by the addressee shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently may not be taken into account.
In the same way, any item noted as missing from Baggage must imperatively be declared to the Carrier as soon as possible. Any late declarations may not be taken into account.
(b) In the event of the damage, delay, loss or destruction of Baggage, the Passenger concerned must file a written complaint with the Carrier as soon as possible and at the latest within the respective time limits of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) as from the date on which the Baggage was made available to the Passenger.
If a complaint is not filed within the time limits stipulated, all actions against the Carrier shall be inadmissible, except in the event of fraud by the Carrier.
If the complaint was lodged within the stipulated time limits of seven (7) or twenty-one (21) days and no conciliation has been reached between the Carrier and the Passenger, the Passenger may file an action for damages within two years of the arrival date of the aircraft, or following the date on which the aircraft was scheduled to land.
2. Liability Actions for Passengers
All liability actions must be filed, under penalty of forfeiture, within two years as from arrival at destination, or from the date on which the aircraft was scheduled to arrive or from the end of the carriage.
The method for calculating the time limit shall be determined by the law of the Court before which proceedings are brought.
3. All the claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits specified.