Regulation (EC) No. 889/2002 Notice

Air carrier liability for passengers and their baggage.

This information notice summarises the liability rules applied by Air New Zealand 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:

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

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, damage or delay of baggage

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

  • Where the Warsaw Convention applies, our liability in respect of the destruction or loss of or damage to checked baggage will be limited to 17 SDRs per kilo (approximately US$20) and 332 SDRs (approximately US$400) for unchecked baggage.
  • 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.