Article 20 - General Provisions on Limitation of Liability

 

To the extent not in conflict with and whether or not  the Convention applies: 

(a)  Carrier is liable only for damage occurring on  its own line or air services.  A Carrier issuing a Ticket or Baggage Check over the lines  or air services  of another carrier does so only as agent for such  other carrier and assumes no responsibility for the acts or omissions of such other carrier.  Nevertheless, with respect to  Checked Baggage the Passenger shall have a right of action against the first or last carrier. 

(b)  Carrier is not liable for damage to Unchecked Baggage unless such damage is caused by the negligence of Carrier. If there has been  contributory  negligence on the part of the Passenger, Carrier's liability  shall be subject to the applicable law relating to contributory negligence. 

(c)  Carrier is not liable for damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same. 

(d)  If in accordance with applicable law different limits of liability are applicable such different  limits shall apply.  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. If in the case of Checked Baggage a higher value  is declared pursuant to  Article 9,  Sec.  6, the liability of Carrier shall be limited to such higher  declared value. 

(e)  Carrier's liability shall not exceed the amount of proven damages.  Carrier shall furthermore not be liable for  indirect or consequential damages. 

(f)  Carrier 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 Carrier for all losses and expenses incurred by Carrier as a result thereof. 

(g)  Carrier is not liable for loss or damage to fragile or perishable items, money, jewelry,  precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents or samples.  Carriage of the foregoing shall be allowed only under special arrangements with carrier. 

(h)  If a Passenger is carried whose age or mental, medical or physical condition  is such as to involve  any hazard or risk to himself or herself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for  the aggravation of such condition. Carrier is  not liable for any consequence  resulting solely from the state of health of the Passenger. 

(i)  Any exclusion or limitation of liability of Carrier shall apply to  and be for the benefit of agents, employees and representatives of Carrier and any person or company whose  aircraft is used by Carrier  and such person's  or company's agents, employees  and  representatives.  The aggregate amount recoverable from Carrier and from such agents, employees, representatives and person or company shall not exceed the amount of Carrier's limit of liability. 

(j) Unless so expressly provided nothing herein contained  shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.