General information

13 Liability for Damage

13.1. General

13.1.1. Unless provided otherwise in these Conditions, the Carriage referred to here-under (even where such Carriage is not international Carriage) is subject to the following legal acts regulating Carrier’s rights and obligations:

  • “The Convention for the Unification of Certain Rules Relating to International Carriage by Air”, signed in Warsaw, 12 October 1929;
  • The Warsaw Convention as amended at the Hague on 28 September 1955;
  • “The Convention for the Unification of Certain Rules for International Carriage by Air” signed in Montreal, 28 May 1999 and others mentioned under Convention;
  • Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of Passengers and their Baggage by air;
  • Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to Passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91;
  • Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air;
  • and others.

13.1.2. In addition, the following provisions shall be applicable: If We prove that losses have been caused, or have been contributed to, by negligence or prohibited actions, or lack of action, on Your part or on the part of the person whose rights You have assumed, then We will be wholly or partially exempt from liability to You, to the extent of losses caused by or contributed to by said negligence, prohibited actions, or lack of action; We do not assume liability for losses caused by You or Your Baggage, unless it is Our fault or due to Our gross negligence. You are liable for any losses to other persons or other persons’ property (including Us or Our property) caused by You or Your Baggage. We are liable only for losses or other Damages incurred during Carriage on flights operated by Us. We are not liable for any losses or other Damages occurring to You due to Our compliance with existing legal acts and appropriate procedures, or from Your failure to comply with the same. In order to prove the expenses incurred and/or the extent of Damage, Your responsibility is to supply the documents that We request within the specified period of time, including documents supporting Your expenses if claiming their reimbursement (for example, a sales receipt for Your purchase showing the date, transcript of purchase, and price of purchase). Otherwise, our liability may be limited to the extent of the proven amount of losses incurred. In any case, We are not responsible for loss of profit, indirect losses, or losses resulting from such consequences. These conditions, limits of liability, and exceptions apply to Our staff, crew, and Authorized Agent to the same extent as they apply to Us. The total amount recoverable from Us or said persons may not exceed the upper limit of Our own liability pursuant to these Conditions or the legal acts listed under Article 13.1.1. None of the provisions contained in these Conditions revoke any due liability of Ours as specified under Article 13.1.1. or any other legal acts, including any of the provided exceptions or limitations, unless expressly prescribed otherwise.

13.2. Baggage liability

13.2.1. If Your Baggage does not arrive on the same flight with You or arrives damaged, please contact the lost and found Baggage service desk at the arrivals terminal before leaving the airport. If Your Baggage is delayed or damaged, the agent at the lost and found Baggage service will give You a Property Irregularity Report (PIR) with a report number and further instructions.

A written claim regarding damaged Baggage to Us must be filed immediately after the damage is noticed and no later than 7 days after receival of Baggage. A written claim regarding delayed Baggage to Us must be filed no later than 21 days after receival of Baggage. The Documents that must accompany the claim are the following: Property Irregularity Report (mandatory), boarding pass and/or Ticket, Baggage identification tag (mandatory) and proof of damages (receipts for items purchased due to delayed Baggage, receipts for lost or damaged items). If the Property Irregularity Report is missing or received from the lost Baggage service desk incorrectly completed, if Passenger failures to provide a baggage identification tag, proving the holder’s right to baggage, We retain the right to refuse the claim.

The claim must be filed in writing and before the aforementioned deadlines. If the deadline for filing the claim is missed, We will not review Your claim.

13.2.2. In cases where the Baggage, including personal items, is not Checked, We are liable if the damage has occurred due to the demonstrable fault of Us or Our staff or Our crew. We are not liable for any damage, loss, destruction or delay of any object unauthorized for Carriage, any Baggage that has been accepted for Carriage with a limited liability sticker, or an object to which special provisions apply and about which We were not informed during booking or which did not receive our written approval.

We are not liable for damage caused to Unchecked Baggage unless it has occurred due to Our fault or gross negligence.

13.2.3. If You have left personal property belonging to You, or to a another person for which You are responsible, in the aircraft, airport or anywhere else, then You are liable for any losses that You and/or the property owner incur, and We are not liable for losses incurred in said cases.

13.2.4. Our liability in cases of damaged Checked Baggage is limited to the extent of 1131 SST, as provided by the legal acts specified under Article 13.1.1. When evaluating the amount of compensation for Baggage, its wear may be considered.

13.2.5. We shall assume no liability for any Damage to items that are prohibited to be carried in Checked baggage according to Article 9.5.1. and 9.5.2., including fragile or damageable items, improperly packed items, previously damaged or overloaded Baggage, minor damages, such as cuts, scratches, bends or stains arising in usual wear, or valuable items, such as money, keys, prescription medicines, medical documents, spectacles/sunglasses, photo cameras, video cameras and other valuable electronic or technical appliances and their accessories, computers, personal electronic devices, telephones, mobile telephones, jewellery, precious metals, precious and semiprecious stones, musical instruments, negotiable instruments, securities or other valuables, works of art and paintings, business documents, passports and other identity documents or specimens.

13.2.6. We shall not be liable for any minor or superficial Damage to the Baggage as a result of normal wear and tear in the course of the travel.

13.2.7. If You are not satisfied with Our liability limits as provided in the legal acts specified under Article 13.1.1., which are prescribed for cases of loss of, or damage to, Checked Baggage (including loss of articles from Baggage), or if You are carrying items of significant value, then We advise You to insure Your Checked Baggage prior to the flight.

13.2.8. In cases of Checked Baggage delivery delays or loss, You are obliged to cooperate with Us in the search for said Baggage and in organization of its delivery, including and not limited to, submitting to Us detailed information on the contents of the delayed Baggage, or specifying the precise address for Baggage delivery. We are entitled to consider Your lack of cooperation when deciding on the amount of compensation due to You.

13.3. Liability for Passenger’s death or injury due to accident

13.3.1. In the case of the death or injury of Passengers, our liability is not limited. Our liability may not exceed 113 100 SDR per Passenger in case of Passenger‘s death or injury if We manage to prove that damage was caused not through the fault, unlawful act or omission to act by us, our servants or representatives, or if such Damage was caused exclusively through a third party’s fault, or by a third party‘s unlawful acts or omission to act. If the claim exceeds this limit, We may be exempted from it if We can prove that We and our agents have taken all necessary measures to avoid the Damage or that it was impossible for us or them to take such measures.

13.3.2. We reserve the right to defense regarding such claims under the Convention or any other applicable international or national legal acts as well as all rights of recourse against any other person in charge of causing Damage.

13.3.3. If You die or are injured in an accident, We shall perform advance payment, required by applicable laws, for satisfaction of urgent economic needs in proportion to difficulties incurred within 15 (fifteen) days from identification of a natural person entitled to compensation. Such advance payment shall not be considered as recognition of our liability assumption and amounts paid based on this Article may be deducted from any other subsequent amounts payable because of air carrier’s liability. Advance payment must be refunded to Us if We manage to prove the following:

  • damage was caused or its amount was affected by negligent behavior of the injured or deceased Passenger;
  • a person who received advance payment caused Damage or affected its amount by his/her negligent behavior;
  • compensation was paid to a person having no right to such compensation.

13.3.4. Please note that We are not liable for any kind of disease, injury, physical or mental disabilities, or death, nor for any deterioration of such a state, if Your age or mental or physical state are at cause.