In cases there is death or body injury to passengers, there is no limit to the financial liability of the carrier. However, the liability is limited to the extent of SDRs 1,13,100 unless it is proved that the damage is caused by negligence of the passenger only. Further, the liability does not lie in case it is proved that the agents took all measures for preventing the damage. Within 15 days of ascertaining the natural person who is entitled to get the compensation in the event of death of the passenger, the airline will provide the minimum advance amount of SDRs 16,000. This is not to be returned and is settled for when the final sum of compensation is arrived at. However, there are instance or situations under which this has to be returned to the carrier and these conditions are:
a. airline proves that the damage is caused by negligence of injured an deceased
b. when it is proved that the person was not entitled to receive the compensation
c. when it is proved that the person who got the payment caused the damage by negligence.
In instances of damage to the checked or unchecked baggage, Ryanair has a policy as well. Ryanair does not have a liability towards damage to unchecked baggage unless this is from its negligence. It also does not have a liability towards damages arising out of compliance with applicable laws, rules or regulations. Even in cases where the damage is caused due to fault at the end of the carrier, the limit is 1131 SDRs per passenger if there has not been a declaration of higher value of check in baggage. Liability for the checked in luggage is only when damage is caused while it is in charge of the carrier and all rules and regulations w.r.t to terms of carriage have been met.
In cases of delay in carriage of baggage and damage caused due to this delay, carrier is not liable if it has taken all reasonable care to avoid that damage or it was impossible to take proper care of the luggage. However, in case damage has been done due to negligence of Ryanair, the liability is SDRS 4694 per passenger and 1131 SDRs for delay of baggage per passenger.
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