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Liability regime for checked baggage
Carrier is liable for damage sustained
in case of destruction or loss of,
or of 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
the charge of Carrier. However,
Carrier is not liable if and to
the extent that the damage resulted
from inherent defect, quality or
vice of the baggage.
- Liability regime for unchecked
(or hand) baggage
In the case of unchecked baggage,
including personal items, the carrier
is liable if the damage resulted
from its fault or that of its servants
or agents.
- Liability limits
In the carriage of baggage, both
checked and unchecked, Carrier’s
liability in the case of destruction,
loss, damage or delay is limited
to 1,000 SDR for each passenger
unless the passenger has made, at
the time when the checked baggage
was handed over to the carrier,
a special declaration of interest
in delivery at destination and has
paid a supplementary sum if the
case so requires. In that case the
carrier will be liable to pay a
sum not exceeding the declared sum,
unless it proves that the sum is
greater than the passenger's actual
interest in delivery at destination.
If the weight of the baggage is
not recorded on the baggage check,
it is presumed that the total weight
of the checked baggage does not
exceed the applicable free baggage
allowance for the class of service
concerned.
The foregoing provisions related
to Carrier’s liability in case of
destruction, loss, damage or delay
of baggage shall not apply if it
is proved that the damage resulted
from an act or omission of Carrier,
its servants or agents, done with
intent to cause damage or recklessly
and with knowledge that damage would
probably result; provided that,
in the case of such act or omission
of a servant or agent, it is also
proved that such servant or agent
was acting within the scope of its
employment.
- Damages occasioned by property
contained in a passenger’s baggage
Carriage is not liable for injury
to a passenger or for damage to
a passenger’s baggage caused by
property contained in such passenger’s
baggage. Any passenger whose property
causes injury to another person
or damage to another person’s property
or to the property of Carrier, shall
indemnify all losses and expenses
incurred by Carrier as a result
thereof.
- Valuable items
Carrier is not liable for damage
caused to valuable, fragile or perishable
goods and items, money, jewellery,
silverware and precious metals in
general, negotiable papers, securities
or other valuables (such as stock
and shares), business or commercial
documents, passports and other identification
documents, set of samples, computers
and their equipment, electronic
devices for personal purpose included
in passenger’s baggage. |
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Terms & Conditions of Carriage
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