Accident responsibility

Airline liability in the event of passenger injury or death is determined in the Montreal Convention and Council Regulation (EC) No. 2027/97 of 9 October 1997, amended by Regulation (EC) 889/2002 of the European Parliament and of the Council of 13 May 2002.

The carrier is held responsible for damages caused in the event of passenger death or bodily injury only when the accident which caused the damage took place either on board the aircraft or at any time during boarding or debarkation.

However, the company may be partially or totally exonerated of their liability if it proves that it was the negligence or another unlawful action or omission of the passenger that caused the damage or contributed to it.

Compensations

No financial limit is established for liability in cases of passenger injury or death.

The airline cannot contest claims for compensation for damages of up to 113,100 SDR. The Special Drawing Right is a unit defined by the International Monetary Fund, whose value is the sum of certain quantities of different currencies: US dollar, euro, Japanese yen and pound sterling. You can check the current value in US dollar on the International Monetary Fund website (www.imf.org). The equivalent value in euro is on the website of the Bank of Spain (www.bde.es).

Above this amount, the airline can only contest a claim if it proves that there was no negligence or any other kind of fault on its part or that the damages were entirely due to negligence or to another unlawful action or omission of a third person.

Advances

In the event of passenger death or injury, the airline must make an advance payment to cover immediate financial necessities within fifteen days of identifying the person entitled to compensation. In the event of death, this advance payment cannot be less than 16,000 SDR.

Assistance for accident victims

If you are a victim or family of a victim of a commercial civil aviation accident, the attached leaflet, published by the Spanish Ministry of Public Works, aims to inform you of the assistance available and answer some of the frequently asked questions that arise when you are involved in an air accident.

The Ministry of Public Works has an Office for Assistance for Victims and Families of Civil Aviation Accidents (OAV, Oficina de Asistencia a Víctimas de Accidentes de Aviación Civil y familiares), which has a website that offers all the information you need on the framework and characteristics of the assistance available, applicable legislation, useful links, etc. Go to this website via the following link:

http://www.fomento.gob.es/OAV/