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Conditions of Carriage

15.1 Our liability and that of each Carrier involved in your journey will be determined by each Carrier’s respective Conditions of Carriage. The provisions on liability applicable to us are as follows:

15.1.1 Unless otherwise stated herein, our liability in the case of international travel, as defined in the Convention, shall be in accordance with the principles of practice on liability (liability rules) provided in the Convention.

15.1.2 Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:

15.1.2(a) Any liability we have for Damage will be reduced by any negligence, on your part, which resulted in or caused the Damage in accordance with applicable law;

15.1.2(b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the Carrier box of the Ticket for that specific flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last Carrier of your journey;

15.1.2(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence;

15.1.2(d) We are not 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;

15.1.2(e) Where the Warsaw Convention applies to your journey, our liability for Damage shall be limited to US $20 per kilogram, and US $400 per Passenger. Where the Montreal Convention applies to your journey, our liability for Damage shall be limited to SDR 1,131 for Checked and Unchecked Baggage, subject to the applicable laws which prescribe different limits on liability. In this regard, SDR is a Special Drawing Right as defined by the International Monetary Fund (IMF). The value of SDR 1 is approximately US $0.721641, but this rate of conversion may fluctuate. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Checked 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 the Checked Baggage has a higher value than that which is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value. The foregoing shall not apply if the Damage was caused by an act or omission, or act of negligence.

15.1.2(f) Except as otherwise specified in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.

15.1.2(g) 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 our property.

15.1.2(h) We shall bear no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, bills of exchange, securities, medication or medical equipment, or other valuables, business documents, passports and other identification documents.

15.1.2(i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

15.1.2(j) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorized Agents, service providers, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

15.1.2(l) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.

15.2 Warsaw Convention

Unless otherwise stated herein, international carriage, as defined in the Convention, is subject to the liability rules of the Convention.

15.3 Death of or Injury to Passengers

15.3.1 Our liability for Damage sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.

15.3.2 Any Damage up to the sum of the equivalent of SDR 113,100 shall be excluded from our scope of liability.

15.3.3 Notwithstanding the provisions of Article 15.3.2, if we prove that the Damage was caused by, or contributed to by, the negligence, unlawful act or omission of the injured or deceased Passenger, we may be held free from responsibility for such Damage, whether in whole or in part, proportionate to Damage so caused or contributed to by such negligence, unlawful act or omission accordingly.

15.3.4 We shall, within fifteen (15) Days after the identity of the natural person entitled to compensation or indemnification has been established, make the advance payments as may be required to meet the immediate economic needs on a basis proportionate to the hardship suffered.

15.3.5 Without prejudice to Article 15.3.5, an advance payment shall not be less than the equivalent of SDR 16,000 per Passenger in the event of death.

15.3.6 An advance payment shall not constitute the recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 15.3.4 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.

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