This information notice presents the civil liability rules applied to air operators in accordance with the Montreal Convention.

  1. Deadline for filing a lawsuit. The lawsuit for compensation must be filed within three years from the date of arrival/delay/aircraft, flight cancellation or from the date on which the aircraft should have arrived. Including for compensation for material or moral damage caused to the person or his/her luggage.
  2. Baggage complaints. If the baggage is damaged, delivered late, lost or destroyed, the passenger has the right to make a written complaint to the air carrier. In the case of damage to checked baggage, the passenger must make a written complaint within 7 days, and in the case of delay of the baggage – within 21 days, in both cases from the date on which the baggage was made available to the passenger. The passenger may benefit from a higher liability limit by submitting a special declaration to this effect at the check-in counter and paying an additional fee.
  3. Destruction, loss or damage to luggage. The air carrier is liable for destruction, loss or damage to baggage, and liability is limited to 1288 SDRs. In the case of checked baggage, the air carrier is liable even if the damage was not caused by its fault, unless the baggage had certain defects. In the case of unchecked baggage, the air carrier is liable only if the damage was caused by its fault.
  4. Liability of contractual air operators and actual air operators. If the air carrier actually operating the flight is not the same as the contractual air carrier, the passenger has the right to lodge a complaint or claim for compensation against each. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contractual air carrier.
  5. Passenger and baggage delays. In the event of passenger delays, the air carrier is liable for the damage incurred, except in cases where it has taken all reasonable measures to avoid the damage or where it was impossible for it to take them. Liability for passenger delay is limited to 5346 SDR, and liability for baggage delay is limited to 1288 SDR (the equivalent of the amount in Moldovan lei).
  6. Compensation in case of death or injury . The liability of the air carrier in the event of death or injury to a passenger is not financially limited. For damages up to 128821 SDR, the air carrier cannot contest the claim for compensation. If the damages exceed this limit, the air carrier can defend itself against a claim for compensation by proving that the accident was not caused by its negligence or fault.
  7. Advance payments In the event of death or injury of the passenger, the air operator must make an advance payment, to cover immediate expenses, within 15 days of identifying the person entitled to compensation. In the event of death, this advance payment will not be less than 16,000 SDR. (applicant relatives of the deceased person / potential heirs).

NB! The EU adopted in 1997 Regulation (EC) No. 2027/97 (on liability of air carriers in the event of accidents), which imposes unlimited liability on EU air carriers in the event of death or injury to passengers. Regulation (EC) No 889/2002 amends Regulation (EC) No 2027/97 and applies the rules of the Montreal Convention to all flights, domestic or international, operated by EU air carriers.

WHEN DO THE CONVENTION AND THE DECISION APPLY?

The Montreal Convention entered into force on 4 November 2003. The Decision has been applicable since 5 April 2001.

The Convention introduces comprehensive legal principles and rules, the most important of which are:

  • adoption of the principle of unlimited civil liability of the air carrier in case of personal injury; classified into two levels:
    • a first level of strict liability of the transport operator for damages up to 100,000 SDR (special drawing rights as defined by International Monetary Fund, i.e. approximately EUR 120,000);
    • above this amount, a secondary level of responsibility based on the alleged fault of the transport operator, from which he can be exonerated only by proving that the accident was not his fault (the burden of proof lies with the transport operator);
  • recognition of the principle advance payments in the event of personal injury, to enable victims or their successors to cover their immediate economic needs;
  • the possibility for the victim or his or her successors to address the courts of the state in which the passenger has his or her principal residence;
  • increasing the limits of liability of the air carrier in the event of delays and damage to luggage (delay, loss or damage);
  • modernization of transport documents (electronic air tickets and transport documents);
  • clarification of the rules governing the liability of the contractual carrier (the air carrier whose name or code appears on the flight ticket) and the actual carrier (the carrier operating the flight may be different from the contractual air carrier);
  • the widespread establishment of the obligation for air carriers to have adequate insurance;
  • the introduction of a so-called "regional" clause, allowing economic integration organizations, such as the EU, to accede to the new convention.

The EU adopted in 1997 Regulation (EC) No. 2027/97 (on liability of air carriers in the event of accidents), which imposes unlimited liability on EU air carriers in the event of death or injury to passengers. Regulation (EC) No 889/2002 applies the rules of the Montreal Convention to all flights, domestic or international, operated by EU air carriers.