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Article 11: Liability Limitations
11.1 If the Passenger's journey involves an ultimate destination or stop in
a country other than the country of departure, the Convention may be
applicable. The Convention governs and in most cases limits the liability
of carriers for death or personal injury and in respect of loss, delay
or damage to baggage.
11.2 Liability for loss, delay or damage to Baggage is limited to the value
pre-determined by applicable law unless a higher value is declared by you in
advance and additional charges are paid. Liability may vary according to the applicable
law.
11.3 Where your carriage is not subject to the liability rules of the
Convention, the following rules shall apply:
- 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.
- We will not be liable for Damage to
Checked or Unchecked Baggage unless such Damage is caused by our
negligence and such Baggage was within our control or custody.
- Except in the case of an act or omission
done with intent to cause Damage or recklessly and with knowledge that
Damage would probably result, our liability in the case of Damage to
Checked Baggage shall be limited to amount as provided for in the schedule
of tariffs.
If the weight of the Baggage is not recorded on the Baggage
Identification Tag, it is presumed that the total weight of the Checked
Baggage does not exceed the applicable baggage allowance for the class
of carriage concerned. If in the case of Checked Baggage, a higher value
is declared in writing pursuant to an excess valuation facility, our
liability shall be limited to such higher declared value.
- We will not be 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.
- We shall be liable to you
only for recoverable compensatory damages for proven losses and costs in
accordance with applicable law.
- 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, include our property.
- We shall have no liability whatsoever for
Damage to articles or items not permitted to be contained in Checked and
Unchecked Baggage including but not limited to fragile or perishable
items, items having a special value, such as money, jewellery,
precious metals, computers, personal electronic devices, negotiable
papers, securities, or other valuables, business documents, passports
and other identification documents, title deeds or samples, unless such articles
or items have been declared, the Carrier has accepted
them and additional charges are paid.
- We are not responsible for any illness,
or disability, including death, attributable to your physical condition
or for the aggravation of such condition.
- The contract of carriage including these
Terms & Conditions and exclusions or limits of liability, applies to
our authorized agents, servants, employees and representatives to the
same extent as they apply to us. The total amount recoverable from us
and from such authorized agents, servants, employees and representatives
shall not exceed the amount of our own liability if any.
- Nothing in these Terms & Conditions shall waive any
exclusion or limitation of our liability under the Convention or any other
applicable convention or applicable laws unless otherwise expressly stated
by us.
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