In case of personal injury or death of passenger, the carrier liability will be the one which is determined under the Montreal Convention or the Warsaw Convention. There is a provision for making the advance payments to the heir of the deceased which has to be paid within 15 days of identification of person who is entitled to receive the compensation and shall not be less than 15000 SDRs per passenger or equivalent of the currency in that country. The advance payment will be adjusted against the compensation award that the airline is held liable to pay.
Damage to Baggage
Flydubai would be held responsible for damage to unchecked baggage if it is caused due to its negligence.
Where the Warsaw Convention applies, unchecked baggage damage is equivalent to 332 SDRs per passenger and 17 SDRs per kg in respect of checked baggage.
Where the Montreal Convention applies, the damage to checked and unchecked baggage 1131 SDRs per passenger is compensation amount.
Liability will increase if you have done “special declaration of value” for your baggage.
Delay in Carriage of Passengers entails a liability of SDRs 4694 per passenger.
Liabilities in case of international passengers
Where Montreal Convention is applicable, flydubai will be liable for proven damages for death or body injury to the extent of SRD 113100, and where the Warsaw Convention applies, liability is 100000 SDRs.
When the journey is to/from/stopover in USA, liability of certain airlines that are parties to special contract as stated in Warsaw Convention, is limited to USD 75000 per passenger for death or personal injury. This reduces to USD 58000 if the states in USA have provision for separate award of legal fees and costs.
However, if the passengers are travelling on an airline which is not a party to such special contracts as provided in the Warsaw Convention, then death and personal injury is limited to USD 10000 or 20000.
Timelines of Making Claims
For physical damage to checked baggage—within 7 days of receipt of checked baggage.
For total or partial loss of checked baggage --- within 7 days of receipt of checked baggage.
For delay of checked baggage- within 21 days of checked baggage being put at your disposal.
No such claim for damage would lie after the expiry of 2 years from the date of arrival at the destination/ scheduled to arrive/ stoppage of carriage.
Copyright © 2017 by Trripp India. AllRight Reserved