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Carriage is subject to the liability provisions stipulated in the Ordinance on Air Transport (OATr) of August 17, 2005 for domestic and international transportation that is applicable at the time of travel and, where applicable, to the Montreal Convention of May 28, 1999 and the EU Ordinance no. 785/2004 of April 21, 2004.

These pieces of legislation govern the liability of air carriers for death or bodily injury of a passenger, for the loss or damage of baggage and for delay. Liability may be limited.

  • For losses up to 113‘100 Special Drawing Rights (SDR) the liability may not be excluded or limited. Beyond this, the air carrier may exempt itself from liability under certain grounds for exoneration, defined by the legislation. For death or bodily injury, an advance payment is due for each passenger within 15 days from the date of identification of natural persons entitled to such compensation. In the event of death, at least 16‘000 SDR are due.
  • Liability for destruction, loss, damage, or delay to baggage, is limited to 1‘131 SDR per passenger.
  • Liability for delayed travel is limited to 4’694 SDR per passenger.
  • Benefits paid to persons entitled to compensation for damages from any passenger accident insurance policies the air carrier or aircraft owner may have taken out, and advance payments that the air carrier may be obligated to make under the applicable liability provisions must be credited in full against liability claims.
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