» Conditions of Carriage
Article 14 - Liability for Damage
14.1 These Conditions of Carriage govern our liability to you. The Conditions of Carriage of any and each other carrier involved in your journey govern its liability to you.
14.2 The liability rules of the Convention, as varied by the rest of this Article 14, will apply to international carriage, as defined in the Convention.
14.3 Our Liability for the Death Wounding or Other Bodily Injury of Customers
14.3.1 Our liability for damages sustained in the event of death, wounding or any other bodily injury by a customer in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.
14.3.2 In accordance with EU Council Regulation 2027/97 the following conditions apply:
In the event of an accident, our liability is not subject to any financial limit, be it defined by law, convention or contract in respect of damages sustained in the event of death, wounding or any other bodily injury by a customer. We have insurance cover of at least 100,000 SDR per customer and no less than the minimum stipulated by the Civil Aviation Authority.
14.3.3 For any damages up to the sum of the equivalent of 100,000 SDRs, we shall not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures.
14.3.4 Notwithstanding the provisions of 14.3.3, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased customer we may be exonerated wholly or partly from our liability in accordance with applicable law.
14.3.5 We shall, without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
14.3.6 Without prejudice to clause 14.3.5, an advance payment shall not be less than the equivalent of 15,000 SDRs per customer in the event of death.
14.3.7 An advance payment shall not constitute recognition of our liability.
14.3.8 An advance payment may be offset against any subsequent sums paid on the basis of our liability.
14.3.9 An advance payment is not returnable, except in the cases described in clause 14.3.4, or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
14.3.10 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 Our Liability for Damage to Baggage
14.4.1 We are not liable for damage to Unchecked Baggage unless we caused the damage by our negligence.
14.4.2 Our liability for damage to Checked Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act done with either the intention of causing damage; or recklessly and with knowledge that damage would probably result.
In most cases the convention provides for a limit of:
• 17 SDRs for each kilo of your Checked Baggage; and
• 332 SDRs for all your Unchecked Baggage.
If the law which applies provides for different limits of liability, those apply.
14.4.3 If the weight of your Checked Baggage is not recorded on the baggage receipt, we will presume that it is not more than the free baggage allowance for the class of carriage concerned.
14.4.4 We are not liable for any damage caused by your baggage.
14.4.5 You are responsible for any damage caused by your baggage to other
people and property, including our property.
14.4.6 We are not liable in any way whatever for damage to items which you are forbidden from including in your Checked Baggage under Article 8.3.1, 8.3.3 and 8.3.4. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents.
14.5 General
14.5.1 We are not liable for any damage arising from the fact that we have obeyed laws or government rules and regulations; or you have not obeyed laws or government rules and regulations.
14.5.2 Except where these Conditions of Carriage say differently, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention.
14.5.3 We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.
14.5.4 Our Contract of Carriage with you (including these Conditions of Carriage and exclusions or limits of liability) applies to our Authorised Agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount you can recover from us and our Authorised Agents, servants, employees, and representatives will not be more than the total amount of our own liability, if any.
14.5.5 Unless we say otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply.
14.5.6 Nothing in these Conditions of Carriage prevents us from excluding or limiting our liability under the Convention or any laws which apply; or gives up any defence available to us under the Convention or any laws which apply; against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a customer.