Member States

By article 3 paragraph 1 of Regulation (EC) No. 2027/97 apply the adapted and increased liability limits now also for Community law and thus for all EU Member States. In addition, the air traffic Act has been amended accordingly in Germany. Damage to baggage and loss of luggage is now in Europe instead of the old limit of 1,000 special drawing rights limit 1,131 SDRS representing 1.300,00 EUR at the current conversion rate about. The limit of liability for delay was raised from 4,150 to 4.693 SDRS, which corresponds to approx.

5,300.00 EUR. It is in practice to know that many airlines and tour operators have not implemented the increase of legal liability amounts. The regulation takes place often go to the limit of liability of 1,000 special drawing rights from the past. Affected passengers and travelers should check the compensation, in the event of the claim assertion in particular the height. Also airlines counter legitimate claims of affected passengers in the context of the compensation of damage to baggage, loss of luggage and baggage delay like with the argument of the limits of liability, in particular, if the damages exceed the limits. It is to note, however that the Airline shall be liable to the passenger for the proper transport of luggage. The passenger’s baggage in reliance on the proper handling and carriage in the custody of the airline. The correct baggage handling represents a principal obligation of the contract of air carriage (see BGH judgment v.

December, AZ.: X ZR 165/03). The liability rules of the international Montreal Convention on liability for damage of checked baggage are the strengthening of the protection of passengers. The baggage rules represent legally approximated success liability one of strict liability. This means that the liability of the carrier against claims by passengers is very comprehensive and far-reaching. Passengers should note that the limit of liability does not apply and any damage can claim full it, if the airline at least irresponsible behavior in dealing with their luggage checked-in can be demonstrated (see OLG Cologne judgment v.