15.1.1 The liability of other Airlines who are involved in your journey is unaffected by the regulations set out in this Article and is governed by their own terms or applicable legal provisions.
15.1.2 In no case does our liability exceed the amount of proven Damage.
15.1.3 We are only liable for indirect or consequential Damage if we have caused these intentionally or through gross negligence. This does not apply to indirect or consequential Damage arising from death, injury or health damage to a person, which arose from negligence of our duties. The terms of the Convention remain unaffected.
15.1.4 If the Damage was caused by or contributed to by the actions of the person who suffered the Damage, we may be exonerated wholly or in part from our liability in accordance with applicable law. This also applies if the person who suffered the Damage failed to observe their obligations in respect of damage limitation.
15.1.5 We are liable only for Damage occurring on our flights or on flights of another airline who is providing on our behalf in place of us the flight for which the passenger booked with us. Furthermore, if we issue a Flight Ticket for carriage on the flights of another Airline or accept Baggage for carriage on the flights of another Airline, we are solely acting as agent for that Airline. Nevertheless, in the case of Checked Baggage you have the right to claim compensation for Damages against the first or last Airline in a consecutive series of carriages as you see fit.
15.1.6 We are not liable for Damage arising from our compliance with any laws or government regulations, orders or requirements or for Damage which occurs when you or the Passenger do not comply with them.
15.1.7 Unless caused intentionally or through gross negligence, we are not liable for errors or omissions in flight schedules or other publications of flight times, nor for information given by our Authorised Agents, employees or other representatives, relating to flight departure or arrival information or the operation of flights.
15.1.8 Any exclusion or limitation of our liability shall apply to and be for the benefit of our Authorised Agents, employees or other representatives and any third party, whose aircraft is used by us, including the third party’s Authorised Agents, employees and other representatives. The total amount which can be recovered from us and from such other people as compensation for Damage may not exceed the amount of liability applicable to us.
15.1.9 Unless expressly stated to the contrary, the conditions of this Section also apply without restriction to the specific cases set out below.
15.2 Personal Injury or Death
15.2.1 If a Passenger is killed, wounded or in any other way injured while on board the aircraft or while boarding or disembarking, our liability is based upon
- the EC Council Regulation 2027/97 of 9.10.1997 on air carrier liability while carrying passengers and their luggage by air, as drafted in Regulation (EC) No. 889/2002 of the European Parliament and the European Council dated 13.05.2002.
- in the case of international flights, it is extended according to the terms of the Convention and
- these Conditions of Carriage.
15.2.2 (a) We are not liable for damages exceeding the equivalent of 113.100 SDR (from 28 December 2019 128.821 SZR) in euros if we are able to prove that we or our staff took all required measures to prevent these damages or if these measures could not be taken, especially if a third party is solely at fault for the damages by wrongful action or negligence.
15.2.2 (b) Furthermore, the exclusions set out in the Convention and in applicable national law apply in full. We shall however not be liable for further damages if we prove that the damages do not result from the fault, negligence or illegal behaviour of us or our staff, or that they exclusively resulted from the fault, negligence or illegal behaviour of a third party.
15.2.3 In the case of such Damage we will without delay, and in any event not later than 15 days after the identity of the natural person(s) entitled to compensation has been established, make such advanced payments as may be required to meet the immediate financial needs of that/those person(s) on a basis proportional to the hardship suffered. In the event of death this advance payment will be at least the equivalent in Euros of 18,096 SDR per Passenger. This advanced payment is in no way an admission of liability by us and may be offset against any subsequent sums payable if we are later held liable. The advanced payment is not returnable unless it is ascertained that the Passenger is also partly or fully responsible for the Damage or if it is subsequently proven that the person(s) who have obtained the advanced payment caused or contributed to the Damage by negligence or the person(s) who received the payment was/were otherwise not eligible for it.
15.2.4 If we carry a Passenger whose age, mental or physical condition is such that carriage poses a danger to the Passenger his or herself, we shall not be liable for any kind of personal injury or damage (including Death), insofar as it is caused by this condition. Passengers for whom carriage could pose a risk on these grounds must inform us beforehand so that we can check whether and under what circumstances they may be carried without danger.
15.3 Damage to Baggage
15.3.1 Our liability for damages through destruction, damage and loss of Baggage and of objects of personal property belonging to passengers is in accordance with the Regulation (EC) of the Council dated 09.10.1997 about the liability of airline companies for the carriage of passengers and their luggage by air transport, as worded in the Regulation (EC) no. 889/2002 of the European Parliament and the Council dated 13.05.2002, supplemented in the case of international travel as defined by the terms of the Agreement and these Conditions of Carriage.
15.3.2 If Checked Baggage is destroyed, damaged or lost while it was on board an aircraft of otherwise in our charge, we will not be liable for damages if we prove that the damage was not caused by the negligence, fault or illegal behaviour of us or of our staff or that it was exclusively caused by the negligence, fault or illegal behaviour of a third party.
15.3.3 In other cases, in particular in the case of damage to baggage not checked in and the personal property of passengers, we shall only be liable insofar as the damage was caused by our fault or the fault of our staff.
15.3.4 In any case we reserve the right to prove that the person suffering damages was wholly or partly responsible for causing the damages, and in providing such proof we shall be free of liability.
15.3.5 Furthermore we shall not be liable if and as far as the damage
15.3.5 (a) is caused by the nature of the baggage or an inherent defect thereof,
15.3.5 (b) deals with the loss of or damage to objects, which, according to Article 8.4, may not be included in the luggage, e.g. in checked-in luggage such as fragile or perishable items, optical aids, laptops, tablets, smartphones or other electronic devices (photo and camera equipment, hard disks, video game consoles), jewellery, gold and silver, money, bonds, securities or other valuables, keys, medicine, business documents or samples, passports or identity cards; unless we have exceptionally and expressly agreed to take the corresponding items with us notwithstanding the provisions of Article 8.4.
15.3.5 (c) is caused by items in the passenger’s baggage. If these items cause damage to the baggage of another passenger or to our property, the passenger must compensate us for all damage and expenses the air-freight carrier incurs.
This limitation to liability does not apply if we or our staff caused the damage intentionally or through gross negligence.
15.3.6 Furthermore our liability shall be limited:
15.3.6 (a) in the case of transport solely within the Federal Republic of Germany and for international transport within the area covered by the Montreal Agreement to an amount in euros equivalent to 1,131 SDR (from the 28 December 2019 1.288 SZR) per passenger,
15.3.6 (b) in other cases
- for Checked Baggage to the amount of 27,35 € per kilogram and
- for baggage not checked in to the amount of 547,08 € per passenger.
15.3.7 The limitations to liability mentioned in Article 15.3.6 do not apply, if
15.3.7 (a) You prove that the damages were caused by an action or negligence on the part of us or of our staff, carried out either with the intention to cause damage or negligently and in the knowledge that damages would probably occur, or
15.3.7 (b) You have indicated to us when you checked in your baggage an amount of money which was equivalent to the higher level of interest attached by you to your baggage being delivered to your destination, and you have paid the supplement which we charged for this; in this case we will be liable for the amount of money which you indicated, unless we prove that your interest in the baggage being delivered was in fact lower than that indicated by you.
15.4 Loss and Damages caused by delay, non-carriage and cancellation
15.4.1 Insofar as we have to compensate loss and damages caused by delay to carriage of Passengers or Baggage by air, our liability is limited to a maximum amount equal to
- the equivalent in Euros to 4,694 SDR (from 28 December 2019 5.346 SZR) per Passenger or
- if only Baggage is affected by the delay, the amounts listed in Article 15.3.6
15.4.2 We shall however be freed from liability for damages caused by delay if we prove that we or our staff took all reasonable measures to avoid the damages or that it was not possible to take such measures.
15.4.3 The measures in Article 15.3.4 and 15.3.7 apply accordingly.
15.4.4 These regulations apply accordingly, insofar as we have to compensate loss and damages caused by non-carriage of Passengers or Luggage or by cancellation of a flight. Insofar as compensatory services are provided for in these cases by Regulation (EC) no. 261/2004 of the European Parliament and Council dated 11.02.2004 (cf. Article 9.2.2) these will be included in the calculation of any compensation claim.
15.5 Deadlines for Claims of Compensation and Complaints
15.5.1 The acceptance of baggage by the owner of the baggage receipt at the time that the baggage is handed out is sufficient proof that the baggage was handed out in a good state and in accordance with the carriage agreement, unless you prove the contrary. If you wish to make a claim for damage compensation or a complaint relating to damage sustained by checked baggage, you must inform us as soon as you have discovered the damage, and in any event not later than seven (7) days after claiming the baggage. If you wish to make a claim for damage compensation or a complaint relating to delayed checked baggage, you must inform us within twenty-one (21) days from the day when your baggage was once again in your possession. All notifications of this type must reach us in written form. A damage report registered at the airport does not replace the need for a written statement to be sent to us.
15.5.2 A claim for damage compensation of any kind in the case of international carriage must be made within a 2 year period from the day on which the aircraft landed at the destination or from the day that the aircraft should have arrived, or from the day on which carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court hearing the case. This is also the case for national air carriage when enforcing claims that are by their nature governed by the Montreal Convention.
15.6 Supervision and conciliation
The supervisory authority in charge is the
38108 Braunschweig, Germany.
If you are travelling for personal reasons, you have the right to contact the neutral German Conciliation Body for Public Transport (Schlichtungsstelle für den öffentlichen Personenverkehr e.V., or SÖP) in the event of disputes regarding flights: soep-online.de
Online complaint form