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If a passenger is killed or injured, the airline must pay the advance necessary to meet immediate financial needs within 15 days of the identification of the person entitled to compensation. Such an advance payment in the event of death shall be at least 16,000 SDR (approximate amount in local currency).
In the event of passenger delays, the airline is liable for damages, if it did not take all reasonable measures to avoid the damage or if it was impossible for it to take such measures. Liability for passenger delays is limited to SDR 4,694 (approximate amount in local currency).
In the event of baggage delays, the airline is liable for damages, if it did not take all reasonable measures to avoid the damage or if it was impossible for it to take such measures. Liability for baggage delays is limited to SDR 1,131 (approximate amount in local currency).
The airline is liable for damage in the event of destruction, loss of or damage to baggage up to 1,131 SDR (approximate amount in local currency). Regarding checked baggage, the airline is liable for damages even if it did not cause the damage, except when the baggage was defective. In the case of hand luggage, the airline is liable for damages only if it caused the damage.
A passenger may be entitled to a higher financial limit for liability by making a special declaration at the latest at check-in and by paying a surcharge.
If the luggage is damaged, lost or destroyed, the passenger must complain in writing to the airline as soon as possible. In case of damage to checked luggage, the passenger must complain in writing within 7 days, and in case of delay within 21 days, in both cases from the day the luggage was placed at the passenger’s disposal.
Court action for compensation must be brought within two years from the date the aircraft arrived or should have arrived.
The basis for the rules described above is the Montreal Convention of May 28, 1999, which is implemented in the Community by Regulation (EC) No. 2027/97, amended by Regulation (EC) No. 889/2002 and the national legislation of the Member States.
There are no financial limits for liability for bodily injury or death of passengers. For damages up to 100,000 SDR (approximate amount in local currency), the airline cannot contest compensation claims. If the amount is higher, the airline can oppose claims if it can prove that it did not cause the damage.
Novair aims for all our flights to depart and arrive on time. Unfortunately, there are times when a delay may occur. On these occasions, you as a passenger may have rights according to EU regulation 261/2004.
If the airline that actually performs the flight is not the same as the contracting airline, the passenger has the right to direct a complaint or claim for compensation to either airline. If an airline’s name or code is indicated on the ticket, this airline is the contracting airline.