Limitation of liability
Following the Warsaw Convention, we’ll explain the limits of our liability for international carriage of passengers and baggage.
European Community Regulation (EC) No. 889/2002
Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability on certain carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US$ 75,000.00 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers travelling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US$ 10,000.00 or US$ 20,000.00. The names of carriers, parties to such special contracts, are available at all ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airline or insurance company representative. Note: The limit of liability of US$ 75,000.00 above is inclusive of legal fees and costs except that in case of a claim brought in a state where provision is made for separate award of legal fees and costs, the limit shall be the sum of US$ 58,000.00 exclusive of legal fees and costs. This is a Notice required by Order 69-2-65 of the U.S. DOT. It does not reflect the provisions of the Montreal Convention 1999 which may apply to your journey. No representation is made as to the accuracy of its contents.
Notwithstanding the foregoing, the passenger could be subject to a more favorable liability regime. The applicable limits of liability for your journey on a flight operated by KLM, are as follows: There are no financial limits for death or bodily injury of a passenger and KLM may make an advance payment, in proportion to the suffered loss, in order to meet the immediate economic needs of the person entitled to claim compensation; In the case of destruction, loss of, damage to or delay in receiving baggage, KLM’s liability is limited to 1,131 Special Drawing Rights (approximately EUR 1,230) for proven damages. If the value of your baggage is greater than this limit, please be advised to declare a value for checked baggage in excess of the applicable liability limits at check-in or ensure that your baggage is fully insured prior to travel; In the case of damage occasioned by delay in the carriage by air KLM’s liability is limited to 4,694 Special Drawing Rights (approximately EUR 5,100) for proven losses and costs. If your journey also involves carriage by other airlines, you should contact them for information on their limits of liability. This notice conforms to the requirements of European Community Regulation (EC) No. 889/2002.