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Article 16 - Limits of Liability In International Carriage

 

Section  1.  APPLICABILITY OF CONVENTION RULES AND LIMITS 
International carriage hereunder is subject to the rules and limitations relating to liability established by the Convention  unless the carriage is not international carriage as defined in the Convention. 

Sec. 2.   SPECIAL AGREEMENT 

(a)  Carrier shall avail itself of the limitation of liability provided in the Convention.  However, in accordance with Article 22 (1) of the Convention, Carrier and certain other carriers  have agreed under the 1966 Montreal Inter-Carrier Agreement that as to all International Carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of  origin, a point of destination or agreed stopping place: 

      (1) the limit of liability for each Passenger for death, wounding or other bodily injury  shall  be  the  sum  of  US$75,000.00 inclusive of legal fees and costs except that, in the  case of a claim brought in a state where provision is made  for a  separate  award for legal fees and costs, the limit shall be the sum of US$58,000.00 exclusive of legal fees and costs; 

      (2) such  carriers shall not, with respect to any claim arising  out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defense under Article 20(1) of the Convention. 

(b)  Nothing in the said Agreement shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has wilfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger. 

(c)  It is understood that each of such carriers has entered into the said Agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability  on any other carrier with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier. 

(d)  Pursuant to Article 22 but subject to the provisions of Article 20 of the Warsaw Convention, Carrier agrees to apply US$75,000.00 or its equivalent, inclusive of legal fees and costs, as the limit of liability for Passengers death, wounding or bodily injury, for all International Carriage performed by Carrier, including carriage which is not International Carriage as defined in the Convention, for a journey which is not to, from or with an agreed stopping place in the United States of America.