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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:
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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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