11.1 Limits of Liability: Your journey may be governed by either the Warsaw Convention or the Montreal Convention 1999. Limits of our liability for death or personal injury and in respect of loss of or damage to baggage shall be determined in accordance with the applicable Convention.
11.2 Notice of Baggage Liability Limitations: Liability for loss or damage to baggage is limited unless its value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law.
11.3 Where the Convention is not applicable: 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 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.
- 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.
- 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.
- 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.
- 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, 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 responsible for any illness, or disability, including death, attributable to your physical 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.
- 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.
- Nothing in these General Conditions of Carriage of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.