Notice of Liability Limitations
     Air Carrier Liability for Passengers and their Baggage

Notice of Liability Limitations

The Montreal Convention or the Warsaw Convention may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.

Where the Montreal Convention applies, the limits of liability are as follows:

1. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation;
2. In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,230) and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel;
3. In the case of delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,100).

The Montreal Convention applies to all operations by European Union carriers and to all operations of other non-European Union carriers that have elected to apply its provisions. SriLankan Airlines has elected to apply its provisions as regards liability for death and bodily injury.

Where the Warsaw Convention applies, the limits of liability are as follows:

1. 16,600 Special Drawing Rights (approximately EUR 20,000) for death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits;
2. 17 Special Drawing Rights (approximately EUR 20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400) for unchecked baggage;
3. The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to which Convention applies to your journey, and if your journey involves carriage by different carriers, you should contact each of them for information on the limits of liability applicable to them.

Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying a supplementary fee, or by purchasing additional insurance.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

This notice conforms to the requirements of European Community Regulation (EC) No. 889/2002.


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Air Carrier Liability for Passengers and their Baggage
Regulation (EC) No. 889/2002 Notice.

This information notice summarises the liability rules applied by SriLankan Airlines in respect of international carriage.

Compensation in the case of death or injury
There are no financial limits to our liability for passenger injury or death. For damages up to 100,000 SDRs (approximately EUR 123,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability, except when the passenger has contributed to the damage. Above that amount, we can defend ourselves against a claim by proving that:

1. Where the Warsaw Convention applies, we took all necessary measures to avoid the damage, or it was not possible to do so;
2. Where the Montreal Convention applies, we were not negligent or otherwise at fault.

Advance payments
If a passenger is killed or injured in an accident and we are liable, we will make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation, the amount of which shall be not less than 15,000 SDRs (approximately EUR 18,500) in the case of death.

Passenger delays
In case of passenger delay, we will be liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures.

Where the Montreal Convention applies our liability for passenger delay is limited to 4,150 SDRs (approximately EUR 5,100).

Destruction, loss or damage to baggage
We will be liable for destruction, loss, damage or delay of baggage, subject to applicable defences, as follows:

1. Where the Warsaw Convention applies, our liability in respect of the destruction or loss of or damage to checked baggage will be limited to US$ 20 per kilo and US$ 400 for unchecked baggage;
2. Where the Montreal Convention applies, our liability will be limited to 1,000 SDRs (approximately EUR 1,230) per passenger for both checked and unchecked baggage together.

Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying 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, that air carrier is the contracting air carrier.

Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Disclaimer: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention and it does not form part of the contract of carriage between the carrier(s) and you.
 
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