Liability for passengers and their baggage
Notice: If the passenger’s journey involves an ultimate destination or stop in a country other then the country of departure the Warsaw Convention or the Montreal Convention may be applicable and these Conventions govern and may limit the liability of carriers for death or bodily injury, for loss of or damage to baggage and for delay. See also notices headed “AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE”.
Air carrier liability for passengers and their baggage
This information notice summarizes the Montreal Convention liability rules
Compensation in the case of death or injury
There are no financial limits to the liability for a passenger's injury or death. For damage up to 113.100 SDRs 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.
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.
In cases of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or if it was impossible to take such measures. The liability for passenger delay is limited to 4.694 SDRs.
In cases 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 1.131 SDRs.
Destruction, loss or damage to baggage
The air carrier is liable for the destruction, loss or damage to baggage up to 1.131 SDRs. 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.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration and by paying a supplementary fee at the departure airport.
Please send the completed Excess Value Declaration no later than 24 hours prior to the scheduled departure time to our Contact Center (fax number +385 (1) 616 0250, e-mail: email@example.com
Complaints in baggage
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 cases of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers
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 of them. 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 court action in order to claim damages must be brought within two years from the date of the arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above are the Montreal Convention of 28 May 1999, which is implemented in Croatia and Law on Obligations and Proprietary Rights in Aviation (Official Gazette132/98 and 63/08).
This is a notice required by law and cannot be used as a basis for a claim to compensation, it is not to be used to interpret the provisions of the law, 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 the accuracy of the contents of this notice.