THY Notice Pursuant to Article 6 (1) EC Reg. 889
This notice complies with EC Regulation (EC) no.889/2002. Approximate conversions from Special Drawing Rights (SDRs) to Euros and from Poincare Francs to Euros are provided as a guide only and will be subject to fluctuation in currency conversion rates.
The text of this summary is taken from EC regulation 889/2002 and is given to you pursuant to the requirements of that Regulation. Please note that Regulation 889/2002 provides that this summary can not be used as a basis for a claim for compensation, or as a basis to interpret the provisions of that Regulation or the Montreal Convention.
Air Carrier Liability for Passengers and Their Baggage
This information notice summarises the liability rules applied by THY in respect of carriage to, from or within the EU
Compensation In The Case Of Death or Injury to Passengers
There are no financial limits to our liability for passenger injury or death. In relation to all passenger claims, we are entitled to rely on a defence of contributory negligence on the part of the passenger. However, for damages up to 113.100 SDRs (approximately 117,000 Euros) we will not avail ourselves of any other defence. Above that amount, we are also entitled to defend ourselves if we can prove:
- Where the Warsaw Convention applies, that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures
- Where the Montreal Convention applies, that we were not negligent or otherwise at fault.
Where the Warsaw Convention applies, no waiver of financial limits or of any defence shall apply to claims made by public social insurance or similar bodies however asserted.
If a passenger is killed or injured, we will make advance payments to the person entitled to compensation if required to meet immediate economic needs in proportion to the hardship suffered. In the event of death, this advance payment will be not less than 16,000 SDRs (approximately 17,500 Euros)
In the case of passenger delay, we are entitled to rely on a defence of contributory negligence but will otherwise be liable for damage unless:
- Where the Warsaw Convention applies, we can prove that we took all necessary measures to avoid the damage or it was impossible for us to take such measures.
- Where the Montreal Convention applies, we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention will be limited to 4.694 SDRs (approximately 5,000Euros)
Destruction, Loss, Damage Or Delay To Baggage
Where the Warsaw Convention applies:
We will be liable for destruction, loss or damage to baggage, or damage arising from its delay, unless:
- We can prove that we took all necessary measures to avoid the damage or that it was impossible to take such measures; or
- We can prove contributory negligence on the part of the passenger or the person from whom he or she derives his or her rights.
Our liability under the Warsaw Convention is limited to 250 Poincare Francs (approximately 20 Euros in most countries) per kilograms of checked baggage and 5,000 Poincare Francs (approximately 400 Euros in most countries) for carry on baggage. These limits do not apply if it is proved that the damage resulted from our reckless or intentional act or omission done with knowledge that damage would probably result.
Where the Montreal Convention applies:
In relation to all baggage claims, we can rely on a defence of contributory negligence.
Otherwise we will be liable for damage arising from delay to baggage unless we can prove that we took all reasonable measures to avoid the damage or that it was impossible to take such measures.
We will also be liable for destruction, loss or damage to checked baggage unless the baggage was defective and for unchecked baggage unless we can prove that we were not at fault.
Our liability under the Montreal Convention for destruction, loss, damage or delay to baggage is limited to 1,131 SDRs (approximately 1,250 Euros).
You can benefit from a higher liability limit under either the Warsaw or Montreal Conventions if you make a special declaration at check-in and pay a supplementary fee.
Complaints on Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to us as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of Contracting and Actual Carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket for a particular flight that air carrier is the contracting air carrier for that flight.
Time Limit for Action
Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft or from the date on which the aircraft ought to have arrived.
Basis for the Information
The basis for the rules described above is the Warsaw Convention 1929 as amended at The Hague 1955, the IATA Intercarrier Agreement on Passenger Liability 1995, the Agreement on Measures to Implement IATA Intercarrier Agreement 1995 and the Montreal Convention 1999.