15.1.1 The liability of other Airlines involved in your travel is unaffected by the regulations set forth in this Article and is governed by their own terms or applicable statutory provisions.
15.1.2 In no case does our liability exceed the amount of a demonstrated loss.
15.1.3 We are only liable for indirect or consequential losses if we have caused them intentionally or through gross negligence. This does not apply to indirect or consequential losses arising from a person's death, injury or health impairment arising from neglect of our duties. The terms of the Convention remain unaffected.
15.1.4 If the loss was caused by or exacerbated by the actions of the person who suffered the loss, 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 loss failed to uphold their obligations to limit losses.
15.1.5 We are liable only for losses occurring on our flights or on flights of another airline who is providing, on our behalf or in our stead, the flight that the passenger booked with us. Furthermore, if we issue a Ticket for carriage on the flights of another Airline or accept Baggage for carriage on the flights of another Airline, we are acting solely as agent for that Airline. Nevertheless, in the case of Checked Baggage you have the right to seek damages from the first or last Airline in a consecutive series of carriages as you see fit.
15.1.6 We are not liable for losses arising from our compliance with any laws or government regulations, orders or requirements or for losses that occur if 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 or for information provided by our Authorized Agents, their 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 Authorized Agents, employees or other representatives and any third party whose aircraft we use, including the third party’s Authorized Agents, employees and other representatives. The total amount that can be recovered from us and from such others as compensation for losses 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 forth 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 baggage 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 losses exceeding the equivalent of 113.100 SDR in euros if we are able to prove that we or our staff took all necessary measures to prevent these losses or if these measures could not be taken, especially if a third party is solely at fault for the losses as a result of wrongful acts or negligence.
15.2.2 (b) Furthermore, the exclusions set forth in the Convention and in applicable national law apply in full. We shall, however, not be liable for further loss if we prove that the loss does not result from fault, negligence or illicit behavior on our part or that of our staff, or that they exclusively resulted from the fault, negligence or illicit behavior of a third party.
15.2.3 In the case of such loss we will immediately, and in any event no later than 15 days after the identity of the natural person(s) entitled to compensatory damages has been established, make such advance 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 advance 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 advance payment is not refundable unless it is ascertained that the Passenger is also partly or fully responsible for the loss or if it is subsequently proven that the person(s) who have obtained the advance payment caused or contributed to the loss 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 himself or herself, we shall not be liable for any kind of personal injury or loss (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 losses due to damage to and destruction or loss of Baggage and of items of personal property belonging to passengers is in accordance with Regulation (EC) of the Council dated 09.10.1997 governing the liability of airline companies for the carriage of passengers and their baggage by air transport, as worded in 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 losses if we prove that the loss was not caused by the negligence, fault or illicit conduct on our part or that of our staff or that it was exclusively caused by the negligence, fault or illicit conduct on the part of a third party.
15.3.3 In other cases, in particular in the case of damage to unchecked baggage and to the personal property of passengers, we shall only be liable insofar as the damage was caused by us or our staff.
15.3.4 In any case we reserve the right to prove that the person suffering loss was wholly or partly responsible for causing the loss, and in providing such proof we shall be exempt from liability.
15.3.5 We shall further not be liable if and to the extent that the damage
15.3.5 (a) is caused by the nature of the baggage or an inherent defect thereof,
15.3.5 (b) means the loss or damage of items that may not be contained in baggage according to Article 8.4, such as fragile or perishable items contained in checked baggage, optical aids, computers or other electronic equipment, jewelry, silver items, money, documents of financial value, securities or other valuables, keys, medicines, business documents or samples, passports or identity documents; unless we have given express permission in exceptional cases for the carriage of the concerned items contrary to the regulations in 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 losses and expenses incurred by the air-freight carrier.
This limitation of 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 Convention up to an amount in euros equivalent to 1,131 SDR 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 to the amount of 547.08 € per passenger.
15.3.7 The limitations of liability mentioned in Article 15.3.6 do not apply, if
15.3.7 (a) You prove that the damage was caused by an action or negligence on the part of us or of our staff, inflicted either with the intention to cause damage or negligently and with the knowledge that damage would probably occur, or
15.3.7 (b) You indicated to us when you checked your baggage an amount of money equivalent to the high level of interest attached by you to the delivery of your baggage at your destination, and you paid the supplement that we charged for this; in such cases we will be liable for the amount of money that you indicated, unless we prove that your interest in the baggage being delivered was in fact lower than that indicated by you.
15.4 Losses Due to Delay, Non-carriage and Cancellation
15.4.1 Insofar as we must compensate losses caused by delay of the 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 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 exempt from liability for losses caused by delay if we prove that we or our staff took all reasonable measures to avoid the losses 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, given that we must compensate losses caused by non-carriage of Passengers or Baggage or by the cancellation of a flight. To the extent that Regulation (EC) no. 261/2004 of the European Parliament and Council dated 11.02.2004 (cf. Article 9.2.2) provides for such compensation, it will be included in the calculation of any entitlement to damages.
15.5 Deadlines for Claims for Losses and Complaints
15.5.1 The acceptance of Baggage by the owner of the Baggage receipt at the time that the Baggage is surrendered is sufficient proof that the Baggage was surrendered in good condition and in accordance with the carriage agreement, unless you demonstrate the contrary. If you wish to claim damages or file a complaint relating to damage to checked Baggage, you must inform us as soon as you have discovered the damage, and in any event no later than seven (7) days after claiming the Baggage. If you wish to claim damages or file 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 damages 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 on which 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 Arbitration
The supervisory authority in charge is the
38108 Braunschweig, Germany.
If you are traveling 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