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Article 15

Liability for damage

15.1 Applicable law

The liability of each carrier involved in your journey will be determined by applicable law and the carrier's conditions of carriage. Applicable law may comprise Regulation 2027/97, the Warsaw Convention or the Montreal Convention and/or local law in individual countries. Regulation 2027/97, the Warsaw Convention and the Montreal Convention apply to carriage/transportation, as defined in those instruments. Provisions concerning our liability are set out in Articles 15.2 to 15.7.

15.2 Scope of liability

We will be liable only for Damage occurring during carriage on flights or flight segments operated by us or in relation to which we have a legal liability to you. 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. Where transportation of your Baggage is performed by successive carriers (as defined by the Warsaw Convention or the Montreal Convention, as applicable), you may make a claim against the first or last carrier.

15.3 General Limitations

15.3.1 Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention, as amended by EC Regulation 2027/97 and, in the case of passenger delay, as amended by other applicable law.

15.3.2 We will be wholly or partly exonerated from liability if the damage was caused or contributed to by your negligence or that the person from whom you derive your rights or, if different, the person suffering the damage.

15.3.3 Except to the extent inconsistent with Regulation 2027/97, the Warsaw Convention or the Montreal Convention we are not liable for any Damage arising from our compliance with applicable laws or government rules and regulations, or from your failure to comply with the same.

15.3.4 In some circumstances, we may be wholly or partly exonerated from liability if the Damage did not result from our negligence or, alternatively, resulted from the negligence of a third party.

15.3.5 Except where other specific provision is made in these Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with Regulation 2027/97, the Warsaw Convention or the Montreal Convention, as applicable.

15.3.6 The contract of carriage, including these Conditions of Carriage and all applicable exclusions and limits of liability, applies for the benefit of our Authorised Agents, servants, employees and representatives to the same extent as 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.

15.3.7 Nothing in these Conditions of Carriage:

15.3.7.1 shall waive any exclusion or limitation of our liability under Regulation 2027/97, the Warsaw Convention or the Montreal Convention applicable laws unless otherwise expressly stated by us; or

15.3.7.2 prevents us from excluding or limiting our liability under Regulation 2027/97, the Warsaw Convention or the Montreal Convention or any laws which apply or gives up any defence available to us hereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death wounding or other bodily injury of a Passenger.

15.3.8 A summary of the main provisions of our liability is set out in your Ticket, Terms and Conditions of Contract and Notice/Advice to Passengers on Liability or provided by us or our Authorised Agents to you by other means. No summary can be used as a basis for a claim for compensation, or to interpret the provisions of Article 15 of these Conditions of Carriage.

15.4 Death or injury of passengers

In the event of death, wounding or other bodily injury suffered by a Passenger as a result of an accident covered by Regulation 2027/97, the Warsaw Convention or the Montreal Convention:

15.4.1 Our liability shall not be subject to any financial limit, be it defined by law, the Conventions or otherwise;

15.4.2 We will not be liable for damages in excess of 113,100 Special Drawing Rights per Passenger where we can prove that the Damage was not due to the negligence or other wrongful act or omission of us or our servants or agents; or such Damage was solely due to the negligence or other wrongful act or omission of a third party.

15.4.3 Without delay, and in any event no later than 15 days after the identity of the natural person entitled to compensation has been established, we shall make such advance payments as may be required to meet immediate economic needs on the basis proportional to the hardship suffered. In the event of death, such payment shall not be less than the Euro equivalent of 18,096 Special Drawing Rights per Passenger;

15.4.4 Our obligation to pay advance payments is subject to the following conditions; namely:

15.4.4.1 An advance payment shall not constitute recognition of liability;

15.4.4.2 An advance payment will be off set against any subsequent sums paid in respect of our liability;

15.4.4.3 An advance payment will not be returnable to us unless we prove that (i) the Damage was caused or contributed to by the negligence or other wrongful act or omission of the Passenger to whom the payment relates or, if different, the person claiming compensation or the person from whom he or she derives his or her rights, or (ii) the person who received the advance payment was not the person entitled to compensation under applicable law;

15.4.5 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

15.4.6 US Notice Requirement

Wherever liability for your journey does not rest with us and it is the case that the Montreal Convention does not apply and the carrier has not waived the Warsaw Convention limits for death or bodily injury and the defence has taken all necessary measures to avoid the Damage up the national currency equivalent of 113,100 Special Drawing Rights of any such claim, the Warsaw Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of such carriers for death of or personal injury to Passengers is limited in most cases to proven Damages not to exceed (i) US$75,000 per Passenger in the case of journeys to, from, or with an agreed stopping place in the United States of America, and that this liability up to such limit shall not depend on negligence on the part of the carrier; and (ii) US$10,000 or US$20,000 in the case of journeys not to, from, or with an agreed stopping place in the United States of America.

The names of carriers party to such special contracts are available at all ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Warsaw Convention or the Montreal Convention such special contracts of carriage. For further information, please consult your airline or insurance company representatives.

Note: The limits of liability of US$75,000 above is inclusive of legal fees and costs except that in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit shall be the sum of US$58,000 exclusive of legal fees and costs.

15.5 Baggage

15.5.1 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.

15.5.2 Except as provided in Article 15.5.2.2, our maximum liability is limited to the local currency equivalent of 1,131 Special Drawing Rights per Passenger for Unchecked and Checked Baggage

15.5.2.1 Except as provided in Article 15.5.2.2, our maximum liability is limited to the national currency equivalent of 375 SDRs (as determined by applicable law) per passenger for Unchecked Baggage and the national currency equivalent of 19 SDRs per kilogram (as determined by applicable law) for Checked Baggage where the Warsaw Convention applies, and to a maximum of the national currency equivalent of 1,131 SDRs per Passenger for Unchecked and Checked Baggage where the Montreal Convention applies. All claims made under the Montreal Convention must be substantiated by documented proof of purchase, including date and price of purchase. Depreciation will be deducted.

15.5.2.2 The maximum limits of liability stated in Article 15.5.2.1 shall not apply if; (i) the Damage resulted from an act or omission of the carrier done with intent to cause Damage or recklessly and with knowledge that Damage would probably result; or (ii) in the case of Checked Baggage, a higher value is declared in writing at the time it was handed to the carrier.

15.5.2.3 Where a passenger wishes to declare a higher value and an additional charge ismust paid to the carrier at the point of origin pursuant to an excess valuation facility at the following rates:

    a) £17.50 (or local currency equivalent) for a higher declared value up to and including £1750; or

    b) £30 (or local currency equivalent) for a higher declared value up to and including £3000.

15.5.2.4 Where an additional charge is paid pursuant to an excess valuation facility for Checked Baggage, our liability shall be limited to a maximum of such higher declared value. Such declaration does not entitle you to recover the sum declared in the event of loss, damage or delay. You can only recover for proven losses and Damage.

15.5.2.5 Where applicable law provides that different limits of liability are applicable to Unchecked Baggage and/or Checked Baggage, such different limits shall apply.

15.5.2.6 If the weight of the Baggage is not recorded on the Baggage Check, it is presumed for all purposes that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage applicable to the Passenger's booking.

15.5.3 We consider you negligent if you choose to carry as Checked Baggage inappropriate items including but not limited to fragile or perishable items, valuable items(including, but not limited to, money, jewellery, precious metals, computers, personal electronic devices), any medication or medical equipment which may be required in-flight or during your trip or which cannot be swiftly replaced if lost or damaged, house or car keys, valuable documents (including, but not limited to, business documents, passports and other identification documents, negotiable papers, securities, deeds), or samples.

15.5.4 Except to the extent inconsistent with the Warsaw Convention or the Montreal Convention (where applicable), we shall have no liability whatsoever for damage to articles contained in unlocked or unsecured Baggage. Neither will we accept liability for cosmetic and/or superficial damage caused to Baggage as a result of normal wear and tear during the course of any of the operations of carriage.

15.5.6 We shall have no liability where the Damage resulted from the inherent defect, quality or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air (see also Article 8.6.4 regarding the suitability of your Baggage for transportation by air).

15.5.7 We shall not be liable for destruction, loss, damage or delay of Baggage which we are not in charge of, including Baggage undergoing security inspections or measures not under our control and direction.

15.5.8 Where your Baggage has a greater value than the limit of our liability stated in Article 15.5.2.1, you should bring that fact to our attention at check-in so that you may make a special declaration and pay a supplementary sum according to Article 15.5.2.2(ii) or fully insure the value of the Baggage prior to travel. In any event, any portion of the value of your Baggage above our applicable limit of liability should be insured by you prior to travel.

15.6 Passenger Delays

15.6.1 Our liability for Damage occasioned by delay in the carriage of persons by air is limited to 4,694 Special Drawing Rights per passenger unless we can prove that we and our servants and agents too all measures that could reasonably be required to avoid the Damage or that it was impossible to take such measures.

15.6.2 The limits of liability stated in Article 15.5 and 15.6 shall not apply if the Damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

15.7.3 Payment made by us to you pursuant to Article 9 may be off set by us against any subsequent sums paid in respect of our liability.