Which is applicable convention?
The Convention of Warsaw applies for the flights between two States which did not ratify the Convention of Montreal, or of the flights between a State having ratified and another State not having ratified Montreal, whatever the nationality of the company.The Convention of Montreal applies for the flights between two States which ratified it. Moreover, by the means of the Community payment 889/2002 the Convention of Montreal applies to all the flights of the Community companies (whatever the destination, including the interior flights of the States of the European Union).As regards the interior flights of the States other than those of the European Union, the local right can apply.It is advisable to add that payment 889/2002 fact obligation with the airline companies (whatever their nationality: Community or extra-community) accomplishing flights at the beginning of the European Union to indicate to the passengers the mode of responsibility which will be applicable for them.Which are the ceilings of responsibility? the Convention of Warsaw: 17 SDR per kilo of luggage, is approximately 20 euros (1 SDR is worth currently approximately 1,17 euro), the Convention of Montreal: 1000 SDR for the intrinsic value of the luggage without consideration of weight, is approximately 1200 euros.
They are not fixed allowances, but ceilings of responsibility. If the amount of the damage is lower than these ceilings, the passenger will be able to claim only with the refunding of the amount of the damage. On the other hand, if the amount of the proven damage is higher than the ceiling of responsibility the passenger will be able to claim only with one compensation equal to this ceiling.
The Convention of Warsaw applies for the flights between two States which did not ratify the Convention of Montreal, or of the flights between a State having ratified and another State not having ratified Montreal, whatever the nationality of the company.The Convention of Montreal applies for the flights between two States which ratified it. Moreover, by the means of the Community payment 889/2002 the Convention of Montreal applies to all the flights of the Community companies (whatever the destination, including the interior flights of the States of the European Union).As regards the interior flights of the States other than those of the European Union, the local right can apply.It is advisable to add that payment 889/2002 fact obligation with the airline companies (whatever their nationality: Community or extra-community) accomplishing flights at the beginning of the European Union to indicate to the passengers the mode of responsibility which will be applicable for them.Which are the ceilings of responsibility? the Convention of Warsaw: 17 SDR per kilo of luggage, is approximately 20 euros (1 SDR is worth currently approximately 1,17 euro), the Convention of Montreal: 1000 SDR for the intrinsic value of the luggage without consideration of weight, is approximately 1200 euros.
They are not fixed allowances, but ceilings of responsibility. If the amount of the damage is lower than these ceilings, the passenger will be able to claim only with the refunding of the amount of the damage. On the other hand, if the amount of the proven damage is higher than the ceiling of responsibility the passenger will be able to claim only with one compensation equal to this ceiling.
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