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Booking Terms & Conditions

Air bookings are subject to the following terms and conditions. Please read them carefully. In these terms and conditions "we" "us" and "our" means Avro Ltd or Cosmos Holidays Ltd.

We sell flights. Your contract will be with us and is subject to the terms and conditions below. You should therefore read and ensure you understand them (raising any queries you may have with us) before asking us to confirm your booking. We draw your attention to the following: Section 3 (IF WE CHANGE OR CANCEL YOUR FLIGHT BEFORE YOU DEPART); Section 4 (IMPORTANT NOTE regarding "force majeure"); Section 5 (IF YOU WANT TO CHANGE OR CANCEL YOUR BOOKING); Section 6 (FEES); Section 7 (TRAVEL INSURANCE); Section 8 (BEHAVIOUR); Section 9 (TRAVEL DOCUMENTS); Section 11 (IF YOU HAVE A PROBLEM); Section 13 (CONDITIONS OF SUPPLIERS); Section 14 (LIABILITY).

The Head Office of Avro Ltd & Cosmos Holidays Ltd is Wren Court, 17 London Road, Bromley, Kent, BR1 1DE. Both companies are Registered in England & Wales (Avro No: 1779584, Cosmos No: 209864) and our registered address is Prospect House, London Luton Airport, Luton, Beds LU2 9NU. Both Companies are members of ABTA (Avro No: V1021; Cosmos No: V0531). When you buy an ATOL protected flight from us, you will receive a confirmation invoice or email and an ATOL certificate from us (or from our authorised Travel Agent if you didn�t book direct with us) confirming your arrangements and your protection under our Air Travel Organiser�s Licence number (Avro ATOL: 1939; Cosmos ATOL: 2275). The ATOL certificate lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.

We, or the suppliers identified on your ATOL certificate, will provide you with the services listed on the ATOL certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

Once you have booked and paid your deposit or full payment as applicable, we will reserve your flight on the basis of these terms and conditions. Your booking will be taken as confirmation that you have the authority to book as the lead name on behalf of all persons named on your booking and a binding contract between us will come into existence once we send our Confirmation/Invoice to you. or your travel agent. Prior to doing so, we or the travel agent may send you an acknowledgement of your booking and you will also be provided with an ATOL certificate - see above for more details. Any such acknowledgement or ATOL certificate simply confirms that we are dealing with your booking request and is not a confirmation of it.

Any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your contract with us must be dealt with under the ABTA Arbitration Scheme (see clause 11 below) or brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us before booking your flight.

N.B. Your calls may be recorded or monitored as part of our customer service training scheme. A copy of our privacy statement is published on our Websites:- www.avro.co.uk or www.cosmos.co.uk. Alternatively, you may wish to request a copy from us on 0871 423 8551. Calls cost 10 pence per minute plus network extras.

1. How do I make a booking?

You can make your booking through a travel agent or through our websites www.avro.co.uk, www.cosmos.co.uk or by telephoning us direct on 0871 423 8550. Calls cost l0 pence per minute plus network extras. All monies you pay to one of our authorised travel agents (or accredited body member) for your booking with us will be held by the agent (or Accredited Body member) on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's (or Accredited Body member) obligation to pay the money to us for so long as we do not fail. In the event of our failure, any money held at the time by the agent (or Accredited Body member), or subsequently accepted from you by the agent (or Accredited Body member), is and continues to be held by that agent (or Accredited Body member) on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. Full payment for bookings made via our Website is required at the time of booking. Similarly, if you book your travel arrangements 12 weeks or fewer before departure you must pay the full cost at the time of booking. For all other bookings you must pay a deposit,. You will be advised of the amount at the time of booking. If you decide to select the option to pay in full at the time of booking you may do so, but this will not change any of the conditions which form part of this contract. There may be an Administration Charge if you book within 10 weeks of departure.

Insurance premiums (if required) are due at the time you make your booking. You must pay your balance (if applicable) 12 weeks (84 days) before you depart. If you book through a travel agent, you should make sure that you pay the travel agent in enough time to allow the money to reach us by this deadline. If for any reason the balance is not received by us or your travel agent on time, we or your travel agent will write and tell you that the payment is overdue. If it is still not received by us or your travel agent within 7 days of the written reminder being sent out, we are entitled to treat your booking as cancelled by you and keep your deposit. If we do not cancel straight away because you have promised to make payment, you must in addition pay the cancellation charges shown in section 7 depending on the date we reasonably treat your booking as cancelled.

Payment can be made by credit/debit card, but if you wish you may pay the balance by cheque or postal order. For any payments made by credit card, there will be a processing charge which will be advised to you at the time of booking.

2. Following confirmation of your travel arrangements, we will issue a Confirmation/Invoice. Please check that all information which appears on the Confirmation/Invoice is correct and complete. Please also check that each name is exactly as stated in the relevant passport. If any information which appears on the Confirmation/Invoice or elsewhere appears to be incorrect or incomplete, please contact us or your Travel Agent immediately (and in any case within 10 days of the receipt of confirmation (within 5 days for flights)). This will greatly help us to make the changes you need. We will do our best to rectify any inaccuracies notified. However, if you delay in informing us of these, it may not be possible to correct them later. You will be responsible for any costs and expenses involved in correcting errors except where we made the mistake. We can only accept a booking if the lead name is a minimum of 16 years on or before the date of the flight - however, if under 18 at the time of booking, the written consent of a parent or guardian is also required before the booking can be made.

Please note that we reserve the right to refuse a booking at our discretion without giving any reason for such refusal. In such circumstances, any deposit or other payment received by us will be returned to you and any ATOL certificate provided shall be cancelled.

To the best of our knowledge all our published information is correct at the time of publication. It does not commit any of the carriers/independent organisations mentioned or any carrier whose services may be used by us in the course of any flights. Please note, advertised information and prices may have changed by the time you come to book your chosen travel arrangements and we reserve the right to change any website prices or other information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy of information and prices, regrettably errors do occasionally occur and we reserve the right to correct errors prior to confirming your booking. You must therefore ensure you check all details of your chosen arrangements (including the price) with your travel agent or us at the time of booking. Where there appears to be an obvious pricing error your travel agent has an obligation to point out such pricing errors to us.

3. If we change or cancel your flight before you depart.

Our programme is planned many months in advance and occasionally we may have to make changes to and correct errors in published details both before and after bookings have been confirmed and we may also cancel confirmed bookings. We reserve the right to do so.

Occasionally we have to make a "significant change". A significant change is a change made before departure which we can reasonably expect to have a significant effect on your travel arrangements. Significant changes are likely to include (but are not limited to) the following when made before departure:

• A change in the time of departure or return by more than 12 hours from the original.

• A change of your departure airport (except between any of Gatwick, Heathrow, Luton and Stansted).

• A change of destination airport where it can reasonably be said that the new destination airport is more inconvenient for you.

• A change of your date of departure (please note that a flight which was scheduled to depart between 22.00 hours and 04.59 hours but which is changed to depart after midnight (or moved forward to depart before midnight) is not treated as a change of date).

• A change in your flight from a day flight to a night flight if the time of your UK departure has changed by more than 4 hours. A night flight is one planned to depart from the UK between 22.00 hours and 04.59 hours.

We will work on the basis of the flight times shown on your original Confirmation/Invoice in deciding whether there has been a significant change to your arrangements as set out above.

If after making your booking we are advised that an aircraft will stop en route, we will advise you as soon as reasonably possible. However, such a change does not constitute a significant change.

If we make a significant change or cancel your booking we will tell you or your travel agent as soon as possible. If there is time to do so before your departure we will offer you one of the following options (as applicable in the circumstances):

(1) accept the change and receive compensation as shown in scale A below; (2) cancel or accept the cancellation and receive a full refund with compensation as shown in scale B below; or (3) (if we can and there is time to do so before departure), we will also offer you at least one alternative flight (if this is less expensive than your original flight we will refund the difference but if it is significantly more expensive we will ask you to pay the difference) together with compensation as shown in scale A/B below as appropriate.

If you decide not to take the alternative we specifically offer you, you may purchase any other available flight from us at the applicable price.

Compensation for each full fare-paying passenger

Scale A If you accept

No. of days notice we give you before departure

Compensation in £'s sterling

0 - 7 Days

40

8 - 14 Days

30

15 - 28 Days

20

29 - 56 Days

10

57 - 70 Days

5

71 Days or more

Nil

Scale B If you cancel

No. of days notice we give you before departure

Compensation in £'s sterling

0 - 7 Days

20

8 - 14 Days

15

15 - 28 Days

10

29 - 56 Days

5

57 - 70 Days

5

71 Days or more

Nil

In the case of a significant change, if you wish to cancel your flight or accept any reasonable alternative we can offer you, you must tell us within the time mentioned when we notify you about the significant change or, if no time limit is mentioned, within 7 days of our notifying you. If you do not do so, we are entitled to assume that you wish to accept the changed arrangements. If you choose to accept the change or any reasonable alternative flight we can offer you, we will, where applicable, reduce the price of your flight by the compensation shown in the table below. If you choose to cancel your flight we will refund any money you have paid to us, as well as paying you compensation on the scale below (please note, we will only make one such reduction or payment per person)

In the case of a cancellation, if you wish to accept any reasonable alternative we can offer you, you must tell us within the time mentioned when we notify you of the cancellation or, if no time limit is mentioned, within seven days of us telling you or we are entitled to assume that you require a refund. If you choose to accept any reasonable alternative flight we can offer you or purchase another flight from us, we will reduce the price of your flight by the compensation shown in the table above. If you choose to cancel your flight we will refund any money you have paid to us, as well as paying you compensation on the scale shown in the table above (please note, we will only make one such reduction or payment per person).

However, please note that compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of any of the events listed in clause 4 (Important note) below. No compensation is paid for minor changes, nor do such changes entitle you to cancel or change your flight without paying our normal charges. A minor change is any change which we could not reasonably expect to have a significant effect on your travel plans. No compensation or alternative flights will be offered to you if we cancel your booking because you fail to comply with these booking conditions (including, but not limited to, if you fail to pay on time).

Very rarely, we may be forced by "force majeure" (see clause 4) to change your return flight after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

At the time of making your booking direct with us or through your travel agent, we will advise the most up to date timings before the booking is confirmed. Timings are for guidance only and may change. The actual timings will be shown on your airline itinerary or on your tickets, which you must check very carefully. It is possible that timings may be changed even after itineraries/tickets have been dispatched - we will contact you as soon as possible if this occurs. Save for where provided above, such a change shall constitute a minor change.

4. Important Note

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept any liability, pay compensation or welfare expenses where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever as a result of, �force majeure�. In these Booking Conditions, �force majeure� means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, insolvency of airlines, natural or nuclear disaster, epidemics, technical problems with aircraft or transport, closure or congestion of airports and/or runways, adverse weather conditions, fire and all similar events outside our control.

5. If you want to change or cancel your booking

If you want to change your booking details in any way, we will do our utmost to make these changes but it may not always be possible. The following charges apply for changes in addition to any difference in price, and you will also be charged for any and all further costs we incur in making this change. If there is any increase in the fare available at the time you request any change, you will be liable to pay the higher fare. You will also have to pay any additional costs or charges incurred or imposed by any of our suppliers. We cannot transfer insurance premiums, and any increase in what you have to pay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge.

Name Change

All other carriers

ZB Prefied Flights (Scheduled)

Time before departure when
change request is received by us

Cost in £'s sterling per name change

Cost in £'s sterling per name change

71 days or more

30

75

57-70 Days

30

75

29-56 days

40

100

15-28 days

40

100

0-14

50

100

Other Changes

All other carriers

ZB prefixed Flights (Scheduled)

Time before departure when
change request is received by us

Cost in £'s sterling
per person per change

Cost in £'s sterling
per person per change

71 Days or more

30

27.50*

57-70 days

40

27.50*

29-56 days

Cancellation charges apply

27.50*

15-28 days

Cancellation charges apply

27.50*

0-14 days

Cancellation charges apply

27.50*

*The charges for all ZB pre-fixed flights are applicable per one-way flight changed. ZB pre-fixed flights cannot be changed inside of 4 hours of scheduled departure time.

If you want to cancel the whole or part of, your booking after we have accepted it, you should ask your travel agent to write to us or, if you booked direct, the person who made the booking must write to us at Ground Floor, Dale House, Tiviot Dale, Stockport, SK1 1TB. We will ask you to pay cancellation charges on the scale shown below. These charges reflect our estimated loss as a result of dealing with your booking to the point of cancellation and any other losses we may sustain. If you have booked direct with us on the Web and have therefore paid in full at the time of booking, a sum equivalent to the current Deposit (�100 per person) will be retained.

Cancellation charges

Time before departure
when we receive
change request.

Cancellation charges are shown as a percentage of the total booking cost. Fees referred to in clause 6 are non refundable.

71 Days or more

Deposit

57 days or more

40%

29-56 days

60%

15-28 days

80%

0-14 days

100%

6. Fees

Insurance premiums, credit card charges, the ATOL Protection Contribution (APC), charges for pre-booked or extra leg room seats, name change and other amendment fees are not refundable in the event of your cancellation. However, if you have taken our travel insurance you may be able to recover the cancellation charges less the applicable excess from the insurance company depending on the reason for your cancellation. Claims must be made to the insurance company direct.

7. Travel Insurance

When you book travel arrangements with us, each member of your party must have either the holiday insurance policy we offer which is arranged by Rock Insurance Services Ltd or another policy giving at least equal cover. It is your responsibility to ensure that the insurance cover you purchase is adequate and appropriate for the particular needs of you and your party but it should at a minimum cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays or loss of baggage and personal possessions. We do not check alternative insurance policies. Please read your policy details carefully and take them with you.

8. Behaviour

You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your arrangements if your behaviour, or the behaviour of any member of your party, is, or is likely to be, in our reasonable opinion, or in the reasonable opinion of the Airline Pilot or any other person in authority, disruptive, upsetting or dangerous to yourself or anyone else, or if you have caused, or are likely to cause, damage to property. We will not pay any refund, compensation or any other sum whatsoever or any costs or expenses incurred by you or your party if we have to terminate your arrangements due to any of the above or similar unacceptable behaviour. In this situation we will have no further responsibility for you (including your return travel arrangements). If your unacceptable behaviour means you are not able to board a flight then we will treat your booking as cancelled from that moment and you will be liable for any cancellation charges as shown in the table in Clause 5.

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to us or to any other supplier or any person in authority. If you fail to do so, you must indemnify us for the full amount of any claim (together with our own and the other party's full legal costs) made against us by any third party as a result of your behaviour.

9. Travel Documents

The passport, visa and health requirements applicable at the time of printing to British citizens for the flights we offer are shown, on the Foreign and Commonwealth Office website: www.fco.gov.uk. A full British passport presently takes approximately 12 weeks to obtain although at certain times of the year this may be longer. Requirements may change and you must check the up to date position in good time before departure. All airlines now require first and last names. This must be the name that appears on your passport which must also be the name given for your booking with us. It is your responsibility to ensure this information is correct on your invoice and other documentation, or the person concerned will be refused carriage. British Citizens must hold a 10-year British Passport valid for at least 6 months after their return date of travel, and for certain destinations longer. It is your responsibility to ensure that you comply with all necessary Visa, Passport or other travel regulations. We will not be liable if you fail to do so and are refused entry or delayed.

If you are travelling to the USA every traveller (including children) must have an Electronic System for Travel Authority (ESTA) and their own machine-readable passport. Anyone without a machine-readable passport will need a visa to travel to the USA. ESTA is a web-based, on-line form for citizens and eligible nationals of the previous �Visa Waiver Program�. To apply for advance authorisation to travel to the United States, you must go to:- https://esta.cbp.dhs.gov

In order to comply with UK and Foreign Government security requirements, you are required to go to a designated website & provide personal data as determined from time to time by the UK E-Borders Agency, Advance Passenger Information System (APIS) and "SecureFlight". Please also see our website for our Data Protection & Privacy Policy.

Information on traveller�s health is available from the Department of Health in their leaflet �Health Advice for Travellers� available free from your local DoH office, or by calling 0800 555 777, on their website: www.nhs.uk/healthcareabroad where you will also find all the information you need about how UK Residents can obtain free or reduced-cost healthcare when visiting a European Union country using an EHIC Card. You can get a card from the NHS Website or by calling 0845 606 2030.

It is the party leader's responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.

10. Special Requests

If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your travel agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital, it must be specifically agreed in writing with us before you book your travel arrangements. We promise to comply with any special request which we have specifically agreed. General confirmation that a special request has been noted or passed on to the supplier, or the inclusion of a special request on your Confirmation/Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.

11. If you have a problem

If you have a problem or complaint, you must report it to the Airline or other supplier or their agent (as applicable) as soon as possible. It is difficult and sometimes impossible to carry out a proper investigation of a complaint if we are not told about it quickly. Consequently, any compensation you may claim could be reduced or lost if you delay. Therefore we strongly recommend that you report the problem or complaint to the airline within 7 days. If you remain dissatisfied, please write to our Customer Services Department at Wren Court, 15-17 London Road, Bromley, Kent, BR1 1DE. We strongly recommend that you do so within 28 days of the date you travel on the flight on which you experienced the problem, providing full details, including your booking reference and daytime and evening telephone numbers.

We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract, if you so wish, under a special scheme arranged by ABTA. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This scheme does not apply to claims for an amount greater than �5,000 per person. There is also a limit of �25,000 per booking. In addition, it does not generally apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of �1,500 on the amount the arbitrator can award per person in respect of this element. The request for arbitration must be received by ABTA within 18 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code of Conduct does not require such agreement.

12. Flight Information

The flights referred to are planned to be operated by UK and European charter airlines. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight. We reserve the right to change airlines, aircraft types or destination airport at any time. Except for a change of destination airport, any such change will not constitute a significant change entitling you to cancel or take an alternative flight without paying our normal charges. All flights have a strict no smoking policy throughout the aircraft.

EC Regulation No 2111/2005 came into force in the UK in January 2006. It requires the establishment of a Community list of carriers which are subject to an operating ban throughout the EU and publication of that list to passengers. The list is published by the EU Commission and can be found by going to http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. In the event that the assigned airline or any substitute airline is or becomes listed on the Community list you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Further information can also be found on the CAA�s website at http://www.caa.co.uk.

13. Conditions of suppliers

Independent suppliers provide the services which make up your flights. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request either from us or from the supplier concerned.

14. Liability

In respect of the flights we sell we enter into a direct contract with you to ensure that you are protected by CAA ATOL Regulations (see above). Where any successful claim, or part of a claim (including those involving death or personal injury), against us relates to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount of compensation paid to you will be limited. The maximum amount we will pay you for that claim if we are found liable to you on any basis is the maximum which would be payable under the applicable International Convention or Regulation which applies to your travel arrangements (for example, but not limited to, the Warsaw Convention unamended or as amended for international travel by air, the Montreal Convention for international travel by air and/or for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 as amended by EC Regulation No. 889/2002 for national and international travel by air).

Please note, the airline is also entitled to limit its liability to you in accordance with such applicable International Convention or Regulation. Where an airline would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. You must give credit for all payments due or received from any carrier or accommodation supplier, which relate to the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 3 above. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 020 7240 6061 or at passengercomplaints@caa.co.uk.

Air carrier liability notice for passengers and their baggage.

NB. The information notice below is required to be given 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. It does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

Please note however that the notice is inaccurate. It states that for damages up to 113,100 SDRs the air carrier cannot contest claims for compensation. However, the Regulation and the Montreal Convention state that for damages up to 113,100 SDRs in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, the carrier cannot exclude or limit its liability except where there is contributory negligence. Also the limit of the air carrier's liability for baggage delays, destruction, loss or damage to baggage is 1,131 SDRs in total and not, for example, 1,131 SDRs in respect of delay and 1,131 SDRs in respect of damage where both have occurred to the same baggage. The statement that if the name or code of an air carrier is indicated on the ticket, that carrier is the contracting carrier, does not apply in all cases.

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 113,100 SDRs (approx. �110,000) 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.

Advance payments

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 (approx. �15,500).

Passenger Delays

In case of passenger delays, 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 4,694 SDRs (approx. �4,600).

Baggage Delays

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 1,131 SDRs (approx. �1,100).

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approx. �1,100). 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.

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 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.

Basis for the information

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States.

Valid: 10 December 2013

Published: 10 December 2013