Liability in the case of destruction or loss of, damage to, or delay of checked and unchecked baggage
4. The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of checked and unchecked baggage, as provided in the following
paragraphs:
(a) Except as provided below, the liability of the Carrier is limited to 1,131 Special Drawing Rights for each passenger in the case of destruction, loss,
damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unless the
passenger proves otherwise:
(i) All baggage checked by a passenger shall be considered to be the property of that passenger;
(ii) A particular piece of baggage, checked or unchecked, shall not be considered to be the property of more than one passenger; and
(iii) Unchecked baggage, including personal items, shall be considered to be the property of the passenger in possession of the baggage at
the time of embarkation.
(b) If a passenger makes, at the time checked baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, if
applicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage in an amount not exceeding the declared amount,
unless the Carrier proves that the declared amount is greater than the passenger’s actual interest in delivery at destination. The declared amount, and the
Carrier’s liability, shall not exceed the total amount of declaration permissible under the Carrier’s regulations, inclusive of the limitation of paragraph (B)4(a)
hereof. In the case of transportation under the Warsaw Convention
, no supplementary sum shall apply unless the declared amount exceeds 19 Special
Drawing Rights per kilogram of the total recorded weight of the checked baggage at the time the baggage is handed to the Carrier.
Note: this provision is not applicable to a person with a disability’s mobility aid.
(c) In the case of unchecked baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents.
(d) The carrier is liable for the damage sustained in case of destruction or loss of, or 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 the
carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. Further, the
carrier’s liability for the destruction, loss, damage or delay of baggage is subject to the terms, limitations and defenses set forth in the Warsaw Convention
and the Montreal Convention, whichever may apply, in addition to any limitation of defense recognized by a Court with proper jurisdiction over claim.
(e) The Carrier reserves all defenses and limitations available under the Warsaw Convention and the Montreal Convention, whichever may apply to such
claims including, but not limited to, the defense of Article 20 of the Warsaw Convention and Article 19 of the Montreal Convention, and the exoneration
defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Article 22(2) and 22(3) of
the Warsaw Convention in a manner inconsistent with paragraph 1 hereof. The limits of liability shall not apply in cases described in Article 25 of the Warsaw
Convention or Article 22(5) of the Montreal Convention, whichever may apply.
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