If We and other carriers are involved in performing carriage for You under one Ticket, or under a conjunction Ticket, We will regard the carriage as a single operation for the purposes of the convention. However, please read Article 15.6.1.
13.1. LIABILITY FOR DAMAGE
13.1.1. These Conditions of Carriage govern our liability to You.
13.1.2. The Conditions of Carriage of other carriers govern their liability to You
The Conditions of Carriage of each other Carrier involved in Your journey govern its liability to You. Other Carriersmay have lower limits of liability.
13.2. Applicable laws
Our liability for the carriage of Passengers and Baggage is governed by the Convention. This Article 15 sets out the limits on our liability and summarizes 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 Article 13.
13.3. Our liability for the death wounding or other bodily injury of Passengers.
13.3.1. Our liability for proved 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.
13.3.2. For any damages up to and including the sum of the equivalent of 113,100 SDRs , We shall not exclude or limit our liability.
13.3.3. Notwithstanding the provisions of Article 13.3.2., 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 of the person claiming compensation We may be exonerated wholly or partly from our liability in accordance with applicable laws.
13.3.4. To the extent that damages under this Article 13.3. may potentially exceed 113,100 SDRs they will be reduced accordingly if We prove that the 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.
13.3.5. We shall, without delay and in any event not later than 15 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.
13.3.6. Without prejudice to Article 15.3.5., an advance payment shall not be less than the equivalent of 16,000 SDRs per Passenger in the event of death.
13.3.7. An advance payment shall not constitute recognition of our liability.
13.3.8. An advance payment may be offset against any subsequent sums paid on the basis of our liability.
13.3.9. An advance payment 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 was not the person entitled to compensation.
13.3.10. We are not responsible for any illness, injury or disability, including death, attributable to Your physical condition or for the aggravation of such condition.
13.4. Our liability for damage to Baggage
13.4.1. We are not liable for damage to Un-Checked Baggage (other than Damage caused by delay which is covered by Article 15.4.4. below), unless the Damage was caused by our negligence or the negligence of our agents.
13.4.2. Our liability for Damage to Your Baggage, including Damage caused by delay, is limited by the convention to 1,131 SDRs 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 and 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.
13.4.3. If You complete a special declaration of higher value at Check-in and pay the applicable fee, our liability shall be limited to the higher declared value.
13.4.4. 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.
13.4.5. We are not liable for any damage caused by Your Baggage.
13.4.6. You are responsible for any Damage caused by Your Baggage to other people and property, including ourproperty.
13.4.7. We are not liable in any way whatever for damage to or loss of items which You include in Your Checked Baggage although You are forbidden from including them under Articles 8c, 8d or 8f, or in the case of permitted firearms You have not complied with the conditions for including them under Article 8d, except as provided for by the Convention. These items include fragile or perishable items, items with a special value, such as money, jeweler, precious metals, computers, personal Electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents. In the event of any claim for damage, delay or loss, We may avail ourselves of all defenses of contributory negligence specified in the Convention.
13.4.8. We are not liable in any way whatever for Damage to items which You include in Your Un-Checked Baggage although You are forbidden from including them under Articles 8.3. or 8.5.
13.5. Our liability for damage caused by delay to Passengers
13.5.1. Our liability for Damage caused to a Passenger by delay is limited by the convention to 4,694 SDRs.
13.5.2. We are not liable for Damage to Passengers caused by delay if We prove that We and our agents took all reasonable measures to avoid the Damage or that that it was impossible for us or our agents to take such measures.
13.6.1. If We:
- issue a Ticket for You to be carried on another Carrier; or
- Check in Baggage for carriage on another Carrier;
We do so only as agent for that carrier. If You have a claim for Checked Baggage, You may make it against the first or last Carrier or against the Carrier performing the carriage during which the Damage took place.
13.6.2. We are not liable for any Damage arising from the fact that:
- We have obeyed laws or government rules and regulations; or
- You have not obeyed laws or government rules and regulations.
13.6.3. Except where these Conditions of Carriage say differently, We are liable to You only for compensatory damages which You are entitled to recover for proven losses and costs under the Convention.
13.6.4. Our contract of carriage with You (including these Conditions of Carriage and exclusions or limits of liability) applies to our agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount You can recover from us and our agents, servants, employees and representatives will not be more than the total amount of our own liability, if any.
13.6.5. Unless We say otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which We are entitled under the Convention or any laws which may apply.
13.6.6. Nothing in these Conditions of Carriage:
- prevents us from excluding or limiting our liability under the Convention or any laws which apply; or
- gives up any defense available to us under the Convention or any laws which apply;
against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.