Time Limits for Baggage Claims, Processing of Baggage Claims, and Time Limits for all Actions for Damages
16.1 Notice of claims
If the person with a Baggage Check or a baggage identification tag receives checked baggage and did not file a complaint at the time of receipt, it will be presumed that it was delivered in good condition (unless that person can prove otherwise).
If you wish to file a claim or an action regarding:
(a) Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage.
(b) delay of Checked Baggage, you must notify us in writing within twenty one (21) days from the date the Baggage has been made available to you; and
(c) loss of Checked Baggage, you must do so after twenty one (21) days from the date the Baggage should have been made available to you.
16.2 Processing of Baggage Claims
16.2.1 All claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Depreciation will be deducted from claims, where we consider appropriate.
16.2.2 Unless the passenger proves otherwise:
a) all baggage checked by a passenger shall be considered to be the property of that passenger;
b) a particular piece of Checked Baggage or Unchecked Baggage shall not be considered to be the property of more than one passenger; and
c) Unchecked Baggage, including personal items, shall be considered to the property of the passenger in possession of the Unchecked Baggage at the time of embarkation.
16.2.3 In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repairability of that damage.
16.2.4 If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. Proof of purchase of all replacement items must accompany your claim.
16.2.5 For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
16.2.6 If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
16.2.7 Failure by you to fully comply with the relevant requirements of Article 16.2 may adversely affect the amount of any compensation to which you may be entitled.
16.3 Limitation of actions
Any right to claim for Damage shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. No action to enforce any other right to damages/compensation shall be brought after two years from the date that the right arose. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.