Conditions of Carriage (Liability for damage)

Liability for damage

  1. Applicability
    We shall be liable only for Damage occurring during carriage performed by us. The liability of each carrier involved in your journey will be determined by its own conditions of carriage. Our liability provisions are as follows:
     

  2. Applicable Laws
    Our liability for the carriage of Passengers and baggage is governed by the Convention. This clause 15 sets out the limits on our liability and summarises the liability rules applied by us under the Convention but if it is inconsistent with the Convention or other applicable laws, the Convention or other applicable laws will override this clause 15.
     

  3. Death of or injury to passengers
    1. Our liability for damages sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit.
    2. For any damages up to and including the sum of the equivalent of 113,100 Special Drawing Rights, we shall not exclude or limit our liability.
    3. Notwithstanding the provisions of Article 15.3.2, if we prove that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased Passenger or the person claiming compensation, we may be exonerated wholly or partly from our liability in accordance with applicable laws.
    4. To the extent that damages under clause 15.3 may potentially exceed 113,100 Special Drawing Rights they will be reduced accordingly if we prove that damage was not due to the negligence or other wrongful act or omission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
    5. We shall, without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
    6. Without prejudice to Article 15.3.4, an advance payment shall not be less than the equivalent of 16,000 Special Drawing Rights per Passenger in the event of death.
    7. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 15.3.3 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
       
  4. Damage to baggage
    1. We are not liable for damage to Unchecked Baggage (other than damage caused by delay which is covered by clause 15.4.5 below) unless the damage was caused by our negligence or the negligence of our agents.
    2. Our liability for damage to your Baggage, including damage caused by delay, is limited by the Convention to an amount of up to 1,131 Special Drawing Rights except where you prove that the damage resulted from an act or omission by us or our agents carried out either with the intention of causing damage, or recklessly with knowledge that damage would probably result, and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment.
    3. If you complete a special declaration of higher value (also known as an excess valuation) at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.
    4. If the weight of your checked Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.
    5. We are not liable for damage to baggage caused by delay if we prove that we and our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.
    6. We are not liable for any damage caused by your Baggage. You are responsible for any damage caused by your Baggage to other persons or property, including our property.
    7. Except where the Convention applies, we shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, silverware, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
       
  5. Delay to passengers
    1. Our liability for damage caused to a Passenger by delay is limited by the Convention to 4,694 Special Drawing Rights.
    2. We are not liable for damage to a Passenger caused by delay if we prove that we and our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.
       
  6. General
    1. If we issue a ticket or if we check Baggage for carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last Carrier.
    2. We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.
    3. Except as may be specifically provided otherwise in these Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses.
    4. The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
    5. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
    6. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.
    7. We are not responsible for any illness, injury or disability, including death, attributable to your physical or mental condition or for the aggravation of such condition.