Air carrier liability for passengers and their baggage
Regulation EC Notice 889/2002
As required by the European Community Regulation 889/2002, this notice summarises the liability of Qatar Airways for passengers and their baggage. For more comprehensive details of the applicable liability rules refer to the Qatar Airways General Conditions of Carriage which are available on request from the Qatar Airways Offices and can be viewed on the Qatar Airways website at www.qatarairways.com.View conditions of carriage
Regulation EC Notice 889/2002
This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Applicable Convention and it does not form part of the contract between Qatar Airways and the passenger. Qatar Airways makes no representation as to the accuracy of the contents of this notice.
There are no financial limits to the liability and for proven damages up to the local currency equivalent of 113,100 SDRs. Qatar Airways will not rely on any defence based on proof that it and or its agents took all necessary measures to avoid the damage or that such measures were impossible to take. Above that amount, Qatar Airways can defend a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, Qatar Airways will make an advance payment to cover immediate economic needs on a basis proportional to the hardship suffered within 21 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than the local currency equivalent of 16,000 SDRs.
The circumstances giving rise to and the limit of liability for delay will be determined by the Convention applicable to the individual passenger’s contract of carriage as specified in the advice to international passengers on limitation of liability. Where the Montreal Convention applies, Qatar Airways liability will be limited to the local currency equivalent of 4,694 SDRs. Qatar Airways will be liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.
Qatar Airways will be liable subject to applicable defences, for destruction, loss, damage or delay to baggage as follows:
- Where the Warsaw Convention applies, Qatar Airways liability will be limited in respect of the destruction, loss, damage or delay to checked baggage to the local currency equivalent of 17 SDRs per kilo and for unchecked hand baggage to the local currency equivalent of 332 SDRs (approximately EUR 410).
- Where the Montreal Convention applies, the liability of Qatar Airways will be limited to the local currency equivalent of 1,131 SDRs per passenger for both checked and unchecked baggage together.
A passenger may benefit from a higher limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Alternatively, the passenger should ensure that his / her baggage is fully insured.
If 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 7 days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
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. If the name or code of an air carrier is indicated on the ticket, that carrier is the contracting air carrier.
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.