General Terms & Conditions of Carriage
14.1 International travel, as defined in the Convention, is subject to the liability rules of the Convention and European Union Council Regulation No.2027/97 (as amended by Regulation No. 889/2002) which are summarised as an attachment to these Terms & Conditions. Additionally, our liability will be determined by these Terms & Conditions of Carriage.
14.2 There are no financial limits to our liability for death, wounding or any other bodily injury suffered by a Passenger. We have strict liability up to 113,100 SDRs unless we can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger. For claims in excess of this limit, we may be exonerated if we can prove that we and our agents took all necessary measures to avoid the damage or that it was impossible for us or them to take such measures.
14.3 We will without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has prima facie been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Such payment shall not be less than 16,000 SDRs per Passenger in the event of death. Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. Advance payments made hereunder shall not be returnable unless:
14.3.1 we prove that the Damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or
14.3.2 where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or
14.3.3 it is subsequently proved that the person who received the advance payment caused, or contributed to, the Damage by negligence.
14.4 Subject to Articles 14.2 and 14.3 above, our liability provisions are as follows:
14.4.1 Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
14.4.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
14.4.3 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.
14.4.4 Our liability in the case of Damage to Baggage shall be limited to 1,131 SDRs (or equivalent) per passenger unless you have had a declaration of higher value by check-in at the latest and paid a supplementary fee.
14.4.5 Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the Convention.
14.4.6 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
14.4.7 We are liable for Damage sustained in case of destruction, loss of, or damage to, Checked Baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the Checked Baggage was in our charge. However, we are not liable if and to the extent that the Damage resulted from the inherent defect, quality or vice of the Baggage. We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3 above which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. In the case of Unchecked Baggage, including personal items, we are liable only if the Damage resulted from our fault or that of our servants or agents.See Article 8.10 for items not permitted in the cabin and/or aircraft hold.
14.4.8 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.4.9 These Terms & Conditions of Carriage and their exclusions or limits of liability, applies to our servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such employees, representatives and persons shall not exceed the amount of our own liability, if any.
14.4.10 Nothing in these Terms & Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
14.5 Pursuant to Article 22 of the Convention, if you or your Checked Baggage suffer a delay in the carriage by air, we shall not be liable for Damage occasioned by a delay if we prove that we or our servants and agents took all measures that could reasonably be required to avoid such Damage or that it was impossible for us or them to take such measures. If we are liable for Damage occasioned by delay, except for cases of gross negligence Our liability for such Damage is limited as follows:
14.5.1 for Damage caused by delay in the carriage of Passengers, our liability is limited to 4,694 SDRs for each Passenger.
14.5.2 for Damage caused by delay in the carriage of Baggage, our liability is limited to 1,131 SDRs for each Passenger.