In case of damage arising out of death, bodily wound or other injury, the Emirates Airlines’ liability will not be limited to any sum even if there is an upper limit defined by any law or Warsaw Convention. Further, for damages amounting to SDRs 1,00,000 or 1,13,000 SDRs under Montreal Convention, the defences available will not apply to the airlines. Emirates also undertakes to make advance payments with respect to immediate economic needs within 15 days to the passenger or to his/her heir. In case of death, the advance amount will not be less than 15,000 SDRs.
In case of baggage, Emirates does not carry an liability if the damage to baggage has not been caused by negligence of airline. The liability to damage would be limited to the following:
a. When Warsaw Convention is applicable, 332 SDRs per passenger for unchecked baggage and 17 SDRs per kg for damage to checked baggage.
b. Where the Montreal Convention applies, 1131 SDRs per passenger for damaged to checked and unchecked baggage.
Any higher sum towards compensation for damage to checked and cabin baggage can be awarded provided the passenger makes ‘special declaration of value’ and pays charges towards it.
In cases of delay of carriage of passengers, governed by Montreal Convention, 4694 SDRs is the liability.
In cases of international travel, damages to be paid depend on whether Montreal Convention or Warsaw Convention applies. Death and bodily injury will make the airline liable for 1,13,100 SDRs or 100000 SDRs for Montreal and Warsaw Convention applicability respectively.
Where the Montreal convention is not applicable, and many airlines provide that death and body injury will not be subject to any financial limit defined by Warsaw Convention, then for such passengers on journey to, from or with a stop in USA, the liability of damage is not to exceed USD 75000 (including legal cost, and USD 58000 excluding legal costs). And, for other journeys, the liability is USD 10000 to 20000 per passenger.
Time constraints for claims
In case of damage or total or partial loss of checked baggage, the notification shall be done within 7 days of receipt of checked baggage.
In case of delay in arrival of checked baggage, notification shall be done within 21 days of baggage being put on your disposal.
There is no right to compensation for any kind damage, if it is not claimed within 2 years of date of arrival at destination or on which it was scheduled to arrive at destination.
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