Air Carrier Liability | Understanding Passenger Rights and Compensation
Air travel is one of the safest modes of transportation, but accidents, delays, or lost baggage can still occur. When such incidents happen, air carrier liability determines the compensation passengers may receive. Understanding your rights under national and international laws is essential for ensuring fair treatment.
What is Air Carrier Liability?
Air carrier liability refers to the legal responsibility of an airline for damages caused to passengers, baggage, and cargo. It covers situations such as flight delays, cancellations, personal injuries, and lost or damaged baggage.
Key International Agreements Governing Air Carrier Liability
Several international treaties regulate air carrier liability to ensure passenger protection. The most significant ones include:
The Warsaw Convention (1929)
- Established the foundation for international air travel liability.
- Set limits on compensation for injuries and baggage loss.
The Montreal Convention (1999)
- Modernized air carrier liability laws.
- Increased compensation limits.
- Simplified claims processes for passengers.
- Airlines are automatically liable for damages up to a certain amount, unless they prove otherwise.
Passenger Rights Under Air Carrier Liability
1. Compensation for Flight Delays and Cancellations
- Under the Montreal Convention, passengers can claim compensation for delays exceeding a certain duration.
- The EU Regulation 261/2004 entitles passengers to compensation for cancellations and long delays within the EU.
- Airlines must provide assistance, including food, accommodation, and alternative flights.
2. Lost, Delayed, or Damaged Baggage
- Airlines must compensate passengers for baggage issues up to approximately 1,288 Special Drawing Rights (SDR) under the Montreal Convention.
- Passengers must report baggage issues within 7 days for damage and 21 days for delays.
3. Injury or Death Compensation
- Airlines are liable for passenger injuries or fatalities occurring on board or during embarkation/disembarkation.
- The first 128,821 SDRs are automatically covered, with higher amounts requiring proof of negligence by the airline.
How to File a Claim for Air Carrier Liability
To successfully claim compensation, follow these steps:
- Report the Issue Promptly – Notify airline staff immediately.
- Keep All Documentation – Retain tickets, boarding passes, and receipts.
- Submit a Written Claim – Provide details of the incident and request compensation.
- Escalate if Needed – If the airline denies the claim, escalate it to a regulatory body or seek legal assistance.
Conclusion
Understanding air carrier liability helps passengers protect their rights in case of flight disruptions, injuries, or baggage issues. Laws such as the Montreal Convention and EU regulations ensure that passengers receive fair compensation when airlines fail to meet their obligations. Always be aware of your rights and follow the correct steps when seeking compensation for air travel issues.
