Belarus — Air Code of the Republic of Belarus and the Department of Aviation

The clocks it starts

• Two years for a Warsaw Convention claim (Art. 29)Art. 29 extinguishes the right to damages if an action is not brought within two years of arrival, of the date the aircraft ought to have arrived, or of the date carriage stopped. Courts treat it as extinguishing the right rather than barring the remedy, so unlike an ordinary limitation period it is not suspended by correspondence and cannot be waived by the carrier.Warsaw Convention 1929, Art. 29 — Art. 29Limitation period

What it entitles you to, beyond money

• Belarus is in the Warsaw system, not the Montreal ConventionBelarus is not a party to the Montreal Convention 1999. Carriage with a place of departure or destination in Belarus therefore falls outside it and into the Warsaw system, where the carrier's liability limits are much lower and the written-notice periods for baggage claims are shorter. If a carrier or a claims agency quotes you a Montreal figure for a Minsk flight, it has not checked.
• Warsaw Convention damages for delay (international carriage)Art. 19 of the Warsaw Convention makes the carrier liable for damage occasioned by delay in the carriage of passengers and baggage, and Art. 20 gives it a defence where it proves it took all necessary measures to avoid the damage or that it was impossible to take them. Like the Montreal claim it pays the loss the delay actually caused you rather than a fixed sum, so it lives on receipts. The ceiling depends on which Warsaw-system instrument the two States have in common — the 1929 Convention, the Hague Protocol of 1955, or the Montreal Additional Protocols of 1975 — and the figures differ between them, so we state none. The action is extinguished two years after arrival under Art. 29, and that period is a hard extinction rather than an ordinary limitation.Art. 19, Art. 20

Where to take it next

1. 01Written claim to the airlineWritten claim to the carrier, quoting the flight and the delay, with proof of sending.Claim direct·typically 30 days
2. 02Department of Aviation, Ministry of Transport and CommunicationsThe Department supervises carriers operating to, from and within Belarus.Regulator·typically 90 days·official page
3. 03Civil court claimBinding on themConsumer claims arising from carriage are heard by the ordinary courts.Small claims·typically 180 days