In case of death or injury, there is no financial limit to which the damages would be given, even if the international laws or covenants have prescribed the upper limit.
Etihad remains committed to paying damages up to 1,13,000 SDRs. However, for damages above this value, if the carrier proves that these were not due its negligence or a wrongful act of omission or commission. There is also a provision of making advance payments (up to SDRs 15000 in case of death) and that too within 15 days of establishing the identity of person who is entitled to receive compensation.
In case of damage to unchecked baggage, the carrier is not to be held liable unless the passenger or person claiming compensation proves that it has been caused by Etihad’s negligence. Similarly, it will not be liable for damage resulting from normal wear and tear or inherent defect.
The payable damages for baggage are limited to 332 SDRs per passenger for unchecked baggage and 17 SDRs per kilogram for checked in baggage, where Warsaw Convention applies. However, where the Montreal Convention applies, the damages are 1132 SDRs both for checked and the unchecked baggage.
If you want a higher compensation for damage to checked luggage, you need to make ‘Special Declaration of Value’ on the form and pay an additional sum as fee for it.
In cases of delay in carriage of passengers, the liability for damage is governed by Montreal Convention or Warsaw Convention. Where none of these apply, the carrier assumes no liability.
In cases of international travelers, liability is limited as per the following rules:
1. Where Montreal Convention applies, amount up to 1,13, 000 SDRs will not be contested by Etihad even if it has defences available. This would be in case of death or personal body injury. Same is also the case with those countries where the Warsaw Convention is applicable.
2. USD 75000 per passenger is payable in case a) flights are to, from or having a stopover in USA; b) Warsaw Convention applies and c) airlines are party to these contracts.
3. USD 10000 or 20000 is the liability per passenger, in case a) flights are not to, from or having a stopover in USA; b) airline is not a party to these contracts and c) Warsaw Convention applies.