KLM AMENDS CONDITIONS OF CARRIAGE

KLM Royal Dutch Airlines today announced an amendment to its General Conditions of Carriage for Passengers and Baggage, to take effect on Monday, August 7, 2000. The amendment is limited to one sub-paragraph only, namely Article 9.4 (e), relating to the conditions applying to the carriage of checked baggage. The amendment is based on the amendment introduced by the International Air Transport Association (IATA) in October 1999, currently in general use by international airlines.

KLM has introduced the amendment following the ruling by the president of the Haarlem, Netherlands, District Court, pronounced on Tuesday, August 1, 2000. The ruling was on a suit filed by travel agency Opera Select demanding that KLM should guarantee for five specified flights that the baggage checked in by a number of named Opera Select customers would be carried on the flight flown by these customers, subject to a penalty for non-compliance. The president of the court interpreted the conditions of carriage as an “absolute commitment.” KLM does not agree with this interpretation since the company cannot possibly guarantee carriage under all circumstances. KLM is appealing the ruling. The conditions are being amended, effective Monday, August 7, to pre-empt all further misunderstandings.

As of August 7, 2000, sub-paragraph 4, under (e), of Article 9 of the General Conditions of Carriage reads:

“Carrier undertakes to use reasonable efforts to carry checked baggage on the same aircraft as the passenger. Checked baggage not so carried will subsequently be delivered to the passenger as soon as reasonably possible unless applicable law requires the passenger to be present for customs clearance.”

The sub-paragraph formerly read:

“Checked baggage will be carried on the same aircraft as the passenger, unless carrier decides that this is impracticable, in which case the baggage will be forwarded by the safest and fastest means reasonably possible.”