This is a notice required by EU 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 1999, and it does not form part of the contract between China Eastern Airlines and you. No representation is made by China Eastern Airlines as to the accuracy of the contents of this notice.
This notice summarises the liability rules as required by the Regulation and under the Montreal Convention 1999.
The carrier’s liability for proved damages sustained in the event of death or bodily injury to a passenger in the event of an accident shall be limited to 113,100 SDRs. This limit shall not apply if the damage was due to the negligence or other wrongful act or omission by the carrier. However, if the carrier proves that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passenger or, of the person claiming compensation the carrier may be exonerated wholly or partly.
Following the death or injury of a passenger arising from an aircraft accident, the carrier shall make an advanced payment as may be required to meet immediate economic needs.
The carrier’s liability for damage occasioned by delay is limited to 4,694 SDRs, unless the passenger proves that the damage resulted from an act or omission by the carrier or its agents, done with intent to cause damage or recklessly with knowledge that damage would probably result.
However, the air carrier shall not be liable for any damage caused by delay if it proves that it or its agents took all reasonable measures to avoid the damage or it was impossible to take such measures.
The air carrier’s liability for loss or damage to baggage, including damage caused by delay, is limited to 1,131 SDRs, unless the passenger proves that the damage resulted from an act or omission by the carrier or its agents, done with intent to cause damage or recklessly with knowledge that damage would probably result.
The air carrier shall not be liable for damage caused by baggage delay if it proves that it took all reasonable measures to avoid the damage or it was impossible for it to take such measures.
The carrier is not liable for any damage caused defective baggage.
If the passenger completes a special declaration of higher value at check-in and pays the applicable fee, the carrier’s liability shall be limited to the higher declared value.
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.
If the carrier actually performing the flight is not the same as the contracting 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 a carrier is indicated on the ticket, that carrier is the contracting carrier.
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 or from the date on which the carriage stopped.