AIRLINE LIABILITY IN CASE OF ACCIDENT
Airline liability in the event of passenger injury or death is determined in the Montreal Convention and Council Regulation (EC) No. 2027/97 of 9 October 1997, amended by Regulation (EC) 889/2002 of the European Parliament and of the Council of 13 May 2002.
The carrier is held responsible for damages caused in the event of passenger death or bodily injury only when the accident which caused the damage took place either on board the aircraft or at any time during boarding or debarkation.
However, the company may be partially or totally exonerated of their liability if it proves that it was the negligence or another unlawful action or omission of the passenger that caused the damage or contributed to it.
No financial limit is established for liability in cases of passenger injury or death.
The Special Drawing Right is a unit defined by the International Monetary Fund, whose value is the sum of the certain quantities of different currencies: US dollars, euro (Germany), Japanese yen, euro (France) and pound sterling. Above this amount, the airline can only contest a claim if it proves that there was no negligence or any other kind of fault on its part or that the damages were entirely due to negligence or to another unlawful action or omission of a third person
In the event of passenger death or injury, the airline must make an advance payment to cover immediate financial necessities within fifteen days of identifying the person entitled to compensation. In the event of death, this advance payment cannot be less than 16,000 SDR.