OUR LIABILITY FOR DAMAGE

12.1 LIMITATION OF LIABILITY

Your journey may be governed under the Carriage by Air Act 1974, the Carriage by Air (Applicable Provisions) Order 1975 and the Convention, which provides for the limits of liability in the event of death, personal injury and in respect of loss or damage to baggage.

12.2 WHERE THE CONVENTION IS NOT APPLICABLE

Where your carriage is not subject to the Convention, the following rules shall apply:

12.2.1 We shall not invoke any applicable limit of liability for recoverable compensatory damages arising out of your death, wounding or other bodily injury subject only to proof of loss.

12.2.2 In respect of any claim arising out of death, wounding or other bodily injury, we will not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage to the extent of damages up to the sum of 128, 821 SDR for international flights.

12.2.3 Except as provided in Articles 12.2.1 and 12.2.2 above, we reserve all defences available under applicable law to any such claim, and we reserve all rights of recourse against any other party and any third party, including without limitation, rights of contribution and indemnity.

12.2.4 Neither the waiver of limits under Article 12.2.1 above nor the waiver of defences under Article 12.2.3 above shall be applicable in respect of claims made by public social insurance or similar bodies, which claims shall be subject to any liability limit and defences under applicable law, and we will compensate you and your dependents for recoverable compensatory damages in excess of payments received from any public insurance or similar body.

12.2 WHETHER OR NOT THE CONVENTION IS APPLICABLE

To the extent where there is no conflict with the foregoing and whether or not the Convention applies:

12.3.1 We will not be liable for any damages to you due to negligence on your part, which causes or contributes to the Damage in accordance with applicable law.

12.3.2 We will not be liable for Damage to Checked Baggage or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control and custody.

12.3.3 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 and Unchecked Baggage shall be limited to amount as provided for in the Fees Schedule. 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 free 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 declared value.

12.3.4 We will not be liable for any Damage arising from our compliance with applicable laws, Government rules, regulations or directions, or from your failure to comply with the same.

12.3.5 Except where other specific provision is made in these General Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.

12.3.6 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 to our property.

12.3.7 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, jewelry, precious metals, computers, photographic equipment, personal electronic devices, negotiable papers, securities, or other valuables documents such as business documents, passports and other identification documents, title deeds or samples. We are not liable for any damage resulting from the inherent defect, quality or vice of the baggage.

12.3.8 We are not responsible for any illness, or disability, including death, attributable to your age, physical and/or mental condition or for the aggravation of such condition even if such condition is contracted aboard the aircraft by being in the close proximity of any person on board suffering from a communicable condition.

12.3.9 We will not in any circumstance be liable for:

1. Any losses or costs not reasonably foreseeable by us at the time the contract of carriage was concluded;
2. Any losses or costs caused otherwise than by our breach of contract or breach of duty to you (except where the Convention or applicable law otherwise requires);
3. Any loss of profits or business losses;
4. Any losses which indirectly flowed from the breach of contract or breach of duty to you (except where the Convention or applicable law otherwise requires); or
5. Any indirect or consequential loss when you are travelling in the course of or for the purpose of business and/or pleasure.

12.3.10 The contract of carriage including these General Conditions of Carriage 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.

12.3.11 Nothing in these General Conditions of Carriage of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated by us.

Version 3.1 (01 March 2022)