Lufthansa Airlines Liability and Limitation

The liability of Lufthansa is defined by its own Conditions of Carriage and, for international travel, by the rules of Convention. The liability is only for damage occurring on its own flights. Lufthansa is not to be held liable in case of damage arising due to compliance with any laws or government regulations, its requirement or orders or to the failure of compliance by the passenger.

Compensation in case of death or injury: Lufthansa will be liable for unlimited sum of money in case of injury and death of passenger. However, it would not contest these claims for a sum upto SDRs 113000. Above this sum, Lufthansa can contest the claims by proving that it was not negligent or not at fault.

There is also a duty of Lufthansa to provide advance payment within 15 days of establishing the identity of person entitled to receive the compensation. In case of death, this advance payment shall not be less than SDRs 16000.

Loss, Damage to and Destruction of Baggage: Liability of Lufthansa for damage, destruction and loss of luggage is limited to SDRs 1131. The carrier is liable even when it is not at fault in case of checked baggage. But, in case of carry on baggage, the carrier is liable only when it is at fault.

If the passenger has made special declaration of value, then the carrier might be liable for higher sum as well.

Passenger is required to provide written complaint to the carrier as soon as possible. However, in case of damage to checked baggage, the written complaint is to be submitted within 7 days and, in case of delay, within 21 days.

Delays of Passengers and Baggage: The liability of Lufthansa for passenger delay is SDRs 4694. If flights are delayed by more than 2 hours, refunds for tickets are issued. For luggage delay, liability is limited to 1131 SDRs.

Lufthansa can bring out its defence in cases of delay of passengers or baggage by proving that it took all reasonable measure to prevent the damage.

Denied Boarding: Lufthansa may overbook its flights and this might result in cases of denied boarding to some of the passengers. It gives priority to unaccompanied children, ill and handicapped people. Seats as allocated on the basis of the order of checkin  and special interests.

First of all, volunteers are required to surrender their seats. Lufthansa asks for volunteers who can surrender their seats. Those who are not allowed to board are entitled to a compensation. Calculation of compensation is done as per following rules:

• For flight distance of up to 1500kms, Euro 250 is to be paid. This will be reduced by 50% if arrival time of alternative flight is not later than 2 hours after the scheduled arrival time of flight.

• On all flights 1500 km-3500 km and intra-community flights of more than 1500 km, the compensation is Euro 400. This gets reduced by 50%, if arrival time of alternative flight is not later than 3 hours after scheduled arrival time of flight.

• All flight outside the community and of more than 3500 km distance, the compensation is Euro 600. This is reduced by 50% if alternative flight arrive not later than 4 hours after schedules arrival of flight.

In cases of involuntary denied boarding, the compensation is @ 200% of value of passenger’s remaining flight coupons upto the next stopover or final destination, subject to maximum of USD 800.

If Lufthansa arranges for a comparable air or other transportation which is expected to arrive at the stop over or final destination not later than 2 hours of the arrival time of planned flight for which the passenger was holding confirmed space in case of overseas and interstate transportation and 4 hours in case of foreign air transportation, compensation amount will be USD 400.

Time Limitation of Actions to be initiated against Lufthansa is 2 years from the date of arrival at the destination, or from the date on which carriage stopped.