NEWS

AH5017: Compensation for wrongful death of passengers

28. July 2014
AH5017 crashed in Mali on Thursday 24 July 2014 with 116 persons on board during the flight from Burkina Faso to Algeria – Compensation for wrongful death of passengers

Air Algérie Flight AH5017 operated by the Spanish Charter Specialist Swiftair crashed in Mali with 116 persons on board. According to Air Algérie there were amongst the passengers 50 from France, 24 from Burkina Faso, 8 from the Lebanon, 6 from Spain, 6 from Algeria, 5 from Canada, 4 from Germany, 2 from Luxembourg and 1 from Switzerland.

Whether or not also here the Montreal Convention of 1999 applies will have to be investigated for each individual passenger on the basis of the entire flight booking to the planned end destination. There may be cases where only the Warsaw Convention of 1929 or the Warsaw Convention of 1955 apply. There may also be cases where the ticket terms of the airline or the general terms of the travel agency may apply and last but not least also national travel laws may apply.

It is therefore difficult to make a general statement on the compensation for wrongful death of passengers because only Burkina Faso is a signatory to the Montreal Convention whilst Algeria is a signatory to the Warsaw Convention. However, the country of final destination may again be a signatory to the Montreal Convention making it feasible to apply the Montreal Convention.

Please contact us if we may be of assistance for next of kin families in connection with the compensation for wrongfull death.

 


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