This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 128,821 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximate amount in local currency).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 5 346 SDRs (approximate amount in local currency).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 288 SDRs (approximate amount in local currency).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 288 SDRs (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective.
In the case of unchecked baggage, the carrier is liable only if at fault.
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 the air carrier 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.
Limits to our liability
We will only be liable for Damage that occurs on our own routes operated by us. In those cases where our name is on the Ticket as a chartering company, but another carrier is performing the actual flight, you can choose which carrier to hold liable.
Our liability may, pursuant to the applicable Conventions, be reduced or lapse in the event of any negligence on your behalf that caused or contributed to the Damage.
We are not liable for Damage arising from your failure to comply with applicable laws or government rules and Conventions.
Our liability is limited to documented financial losses, and we will under no circumstances be liable for consequential losses, except as required by applicable laws or Conventions.
We assume no liability for any unforeseen medical emergency that occurs on board an aircraft. Should we incur costs due to a necessary stop to transport you to a hospital, we reserve the right to hold you liable for the reimbursement of all the costs and expenses we may have incurred in connection with this.
The limitations regarding our liability apply to our servants, agents, employees and representatives to the same extent as they apply to us. The total sum that can be demanded from us and from such servants, agents, employees and representatives may not exceed the total liability, if we have such liability.
We reserve all rights against any potential loss or Damage, direct or indirect, that may arise as a result of erroneous information published on our Website.
Unless expressly stated, none of what is contained herein shall be construed to mean that we waive any exception or limitation in our liability pursuant to applicable laws, Conventions or agreements.
Liability for Damage to Baggage
We assume no liability for Damage caused to Hand Baggage, unless we or our servants or agents are at fault.
Our liability for loss or Damage to Baggage will conform to the limitations pursuant to current national or international Conventions and rules. Our liability for such Damage or loss is limited to 1 288 SDRs per passenger. In the case of Hand Baggage, we are only liable if at fault.
You may benefit from a higher liability limit by making a special declaration of interest, and by paying a supplementary charge (800 NOK). This declaration and request must be made at the latest at check-in. In this case we will increase our maximum liability to 2 576 SDR per passenger. The item must be packed in accordance our Rules stated on our Website. We reserve the right to:
a) Inspect the Checked Baggage to confirm that the articles declared as being of value are present in the quantity and condition indicated;
b) Cap the level of declaration which may be made; and
c) Restrict the items in respect of which a declaration may be made.
The foregoing limitations will not apply if it is proven that the Damage resulted from intentional or reckless conduct on our part or on the part of our servants or agents and with knowledge that Damage would probably result from it; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of their employment.
For any flight from one point in the US to another point in the US, notwithstanding the foregoing, our liability for lost, damaged or destroyed mobility aids, such as wheelchairs, shall be limited to the original purchase price of such mobility aid.
We will not be liable for any Damage your Baggage may cause us. You will be personally liable for any Damage we incur caused by you or your Baggage and you must cover all losses we incur as a result.
For flights that do not include a point of origin or destination in the United States, we bear no liability for Damage caused by objects which we are prohibited to carry in Checked Baggage. This includes fragile and perishable objects, valuable objects (such as laptop computers, jewellery and precious stones, money, security documents, briefcases and attaché cases with alarms installed, medicines, medical certificates or identity documents), regardless of whether this Baggage is checked or taken as Hand Baggage.
Under no circumstances will we be liable for cosmetic and/or surface Damage suffered by Baggage during carriage and which is caused by normal wear and impacts (wear and tear).
Liability for personal injury and death
We will be liable for personal injury and death pursuant to the current Conventions, provided that the personal injury or death takes place on a flight operated by us.
The following conditions specified in this clause, apply to all carriage with us, irrespective of whether the carriage is subject to national or international law:
a) We shall be liable if you suffer bodily injury or damage to your health or death, provided that the event that caused the Damage occurred on board the aircraft, or in connection with your boarding or disembarkation. The liability for Damages will not be subject to any financial limitation, whether laid down by law, convention or agreement;
b) Regardless of the provisions of the previous paragraph, we may, wholly or partially, be relieved of liability for Damages pursuant to the applicable Conventions if we can prove that you contributed to the injury or death through negligence.
c) If an accident occurs, we will immediately, and under no circumstances later than fifteen (15) Days, after the identity of the person who is entitled to compensation has been established, pay an advance, which will be proportional the injury sustained, to cover immediate needs. In the case of death, this advance will not be less than 16,000 SDRs expressed in EUR per passenger.
d) Payment of an advance as described in clause above:
i. is not an admission of liability;
ii. may be deducted from any sum that is subsequently paid on the basis of our liability;
iii. need only be repaid in those cases described in Liability for Personal Injury (b), or if it is subsequently proven that the person who received the advance caused or contributed to the injury through negligence, or is not the person entitled to the compensation.
e) Our liability for injury or death is not subject to any financial limitations. Liability for Damages of up to 128,821 SDRs for injury or death may not be contested on our part. If the sum is higher, we can contest the claim by proving that the Damages suffered were not due to the negligence or other wrongful act or omission of us or our servants or agents or that such Damages were solely due to the negligence or other wrongful act or omission of a third party.
f) We confirm that we carry liability insurance that covers at least 128,821 SDRs per passenger and not less than the minimum sum stipulated in applicable laws, Conventions or agreements.
Liability for delays
We are liable for Damage occasioned by delay in the carriage by air of passengers, Baggage or cargo. Nevertheless, we shall not be liable for Damage occasioned by delay if we prove that we and our servants and agents took all measures reasonably be required to avoid the Damage, or that it was impossible for it or them to take such measures, cf. Article 19 of the Montreal Convention.
In the case of losses due to the delayed carriage of persons, liability is limited to 5 346 SDRs.
In the case of losses due to the delayed carriage of Checked Baggage, liability is limited to 1 288 SDRs.