Limitation of liability
Disclaimer:
This statement is required by Regulation (EC) No. 889/2002. This statement does not constitute a basis for claims for compensation or for the interpretation of the Regulation or the Montreal Convention. The statement is not part of the contract of carriage between the airline(s) and you. The airline(s) make no representations as to the accuracy of the content of this statement.
IMPORTANT: This statement, required by Regulation (EC) No. 889/2002, incorrectly states that the airline is not entitled to exclude claims for damages up to 128,821 Special Drawing Rights.
The Regulation and the Montreal Convention instead state that the airline is only liable for the death or injury of a passenger if the accident that led to the death or injury of the passenger occurred on board the aircraft or during boarding or disembarking. For damages up to 128,821 Special Drawing Rights in connection with this death or bodily injury, the airline is only entitled to exclude or limit its liability if the passenger is partly at fault. Also contrary to the declaration, the airline’s liability for delays in the carriage of baggage and for the destruction, loss, or damage of baggage is limited to a total of 1,288 SDR. The statement that the airline whose name or airline code is indicated on the ticket is the contracting airline does not apply in all cases.
Please also note that the liability of the airlines involved in your journey (depending on your itinerary) is subject to the Warsaw Convention, whose liability limits are generally lower than the maximum amounts listed here. Further information is available directly from LEAV. If your journey also includes carriage by airlines other than LEAV, please enquire about their liability limits directly with those airlines.
This statement is a summary of the liability rules applicable to airlines in the European Community (EC) in accordance with applicable EC law and the Montreal Convention.
There are no maximum liability limits for liability in the event of death or injury to passengers. For damages up to 128,821 SDR (approx. 160,000 EUR), the airline cannot contest claims for damages. Claims exceeding this amount may be avoided by the airline proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the airline must make an advance payment within fifteen (15) days of identifying the person entitled to compensation in order to cover immediate economic needs. In the event of death, the advance payment shall not be less than 16,000 SDR (approx. 20,000 EUR).
The airline is liable for damage caused by delays in the carriage of passengers, unless it has taken all reasonable measures to avoid the damage or it was impossible to take such measures. Liability for damage caused by delays in the carriage of passengers is limited to 5,346 SDR (approx. 6,600 EUR).
The airline is liable for damage caused by delays in the carriage of baggage, unless it has taken all reasonable measures to avoid the damage or it was impossible to take such measures. Liability for damage caused by delays in the carriage of baggage is limited to 1,288 SDR (approx. 1,600 EUR).
The airline is liable for the destruction, loss, or damage of baggage up to an amount of 1,288 SDR (approx. 1,600 EUR). In the case of checked baggage, there is strict liability unless the baggage was already damaged before being checked in. In the case of unchecked baggage, the airline is only liable for culpable conduct. Destruction, loss, or damage to baggage
If the baggage is not fully insured, the liability limit can be increased if the passenger makes a special declaration at the latest at check-in and pays a surcharge.
In the event of damage, loss or destruction of baggage, the passenger must notify the airline in writing as soon as possible. In the event of damage to checked baggage, the passenger must notify the airline in writing within seven (7) days (in the case of delayed baggage, within 21 days) of its delivery.
If the airline actually operating the flight is not the same as the contracting airline, the passenger has the right to lodge complaints with both airlines and to make claims against both airlines. If the name or code of an airline is indicated on the ticket, that airline is the contracting airline.
Claims for compensation for damages of any kind must be filed within two years from the date of arrival of the aircraft at its destination or from the date on which the aircraft should have arrived.
The basis for the above rules is the Montreal Convention of May 28, 1999, which is implemented by Regulation (EC) No. 2027/97 (supplemented by Regulation [EC] No. 889/2002) and by national legislation of the Member States.
You can contact us directly using the following contact form: LEAV Service Center Team Hotline: +49 221 5998 4000
You can contact the government agencies responsible for ensuring air passenger rights.
You can contact us directly using the following contact form:
You can reach the colleagues of the service center team at the following times:
- Monday-Friday from 08:00 till 20:00
- Saturday-Sunday from 09:00 till 18:00
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