16.1. Applicable Laws

16.1.1. These Conditions of Carriage and the Applicable Laws govern Our liability towards Passengers. In cases where the Passenger’s journey involves carriage by another Carrier, the liability of such Carrier shall be determined by the Applicable Laws, unless otherwise provided in these Conditions of Carriage or the respective terms of carriage of that Carrier. Such Carriers may apply lower liability limits.

16.1.2. The Applicable Laws may include the Convention and/or national laws of each respective country.

16.1.3. We shall be liable only for damage occurring on flights operated by Us or on flights for which We are legally responsible to the Passenger. If We issue a Ticket or check Baggage for carriage on another Carrier’s flight, We act only as an agent for that Carrier.

16.1.4. This Article 16 establishes the limits of liability and summarizes the rules applied by Us under the Convention and the Applicable Laws. In the event of any inconsistency between this Article and the Convention or Applicable Laws, the Convention or Applicable Laws shall prevail.

16.2. Liability for Death or Bodily Injury of Passengers

Our liability for proven damages sustained by a Passenger in the event of death, wounding or any other bodily injury resulting from an aircraft accident arising out of or in connection with carriage performed by Us shall be determined in accordance with the rules and limits of the Applicable Laws and the following provisions:

16.2.1. Our liability limit per Passenger in the event of death or bodily injury shall be as provided under the Convention. We shall not be liable for damages exceeding such limits if We prove that:

(a) Such damage was not due to Our negligence or other wrongful act or omission, or that of Our employees or agents; or

(b) Such damage was solely due to the negligence or other wrongful act or omission of a third party.

16.2.2. We are liable only for damage sustained by a Passenger occurring on board the aircraft or in the course of embarking or disembarking. If the damage was caused or contributed to by the Passenger’s own negligence, Our liability may be reduced or excluded accordingly.

16.2.3. We shall make an advance payment to the Passenger or to the person entitled to claim compensation, in accordance with Our policy and applicable law. Such advance payment shall not constitute recognition of liability and shall be deductible from any final compensation payable.

16.2.4. For journeys having an agreed stopping place, point of origin, or destination in the United States of America, the liability limits prescribed by the Convention shall apply.

16.2.5. Nothing in these Conditions of Carriage shall be deemed to affect the rights or obligations of any Carrier with respect to any claim made by a person who has willfully caused death, injury, or bodily harm to a Passenger.

16.2.6. The names of participating Carriers in any interline or codeshare agreement mentioned herein are available at the offices of such Carriers and may be inspected upon request.

Each Carrier participating in such agreements does so independently and is responsible solely for the carriage it performs. No Carrier shall be liable for the carriage performed by any other Carrier.

16.3. Our Liability for Baggage

16.3.1. We are not liable for damage to Cabin Baggage (except for damage resulting from delay as provided in Article 16.4 below) unless such damage is caused by Our fault or that of Our authorized agents.

16.3.2. We shall not be liable for damage arising from the inherent defect, quality, or vice of the Baggage. Likewise, We shall not be liable for reasonable wear and tear or minor damage resulting from normal handling during air transportation.

16.3.3. Our liability for destruction, loss, damage, or delay of Baggage (including both Cabin and Checked Baggage) shall be subject to the limits set forth in the Convention. In cases of partial loss or damage, Our liability shall be limited to the weight or number of the missing or damaged pieces, regardless of the declared value of any part thereof.

16.3.4. Compensation for Baggage damage shall be based on actual loss proven by the Passenger and shall not exceed Our liability limits. The Passenger bears the burden of proving such actual damage.

16.3.5. The above liability limits shall not apply if the Passenger proves that the damage to Baggage resulted from Our act or omission, or that of Our representatives:

16.3.5.1. Done with intent to cause damage; or

16.3.5.2. Recklessly and with knowledge that damage would probably result, provided such acts or omissions occurred in the course of employment.

16.3.6. If the Passenger’s journey is subject to national law, the liability limits of that law shall apply to Checked and Cabin Baggage.

16.3.7. If the Passenger’s journey is not subject to the Convention and no national law establishes liability limits, the limits under Article 16.3.3 shall apply.

16.3.8. If the weight/number of pieces of Baggage is not recorded on the Baggage Ticket, it shall be deemed not to exceed the applicable Free Baggage Allowance for the Passenger’s service class, as published on Our Website and Mobile Application.

16.3.9. We are not liable for delay-related damage to Baggage if We prove that (i) We and Our agents took all reasonable measures to avoid the damage, or (ii) it was impossible for Us or Our agents to take such measures.

16.3.10. We shall not be liable for injury to Passengers or damage to Baggage caused by items contained in the Passenger’s Baggage. The Passenger shall indemnify Us for all losses and expenses resulting therefrom.

16.3.11. We are not liable for damage to items prohibited under Article 9.3 contained in Checked Baggage, including fragile or perishable items, keys, works of art, cameras, video equipment, money, jewelry, precious metals or stones, medicines, dangerous goods, computers, electronic devices, negotiable papers, securities, business documents, samples, personal identification documents, or other valuable items unless declared as High Value Baggage and accepted by Us for carriage.

16.3.12. We are not liable for damage to Baggage resulting from the Passenger’s failure to comply with Article 9.4.6, including failure to collect, recheck, or re-tag Baggage for transportation on another Carrier with which We have no interline agreement.

16.3.13. We are not liable for damage to Baggage unless caused by Our fault. If the Passenger contributed to the damage, liability shall be apportioned according to the Applicable Law.

16.4. Our Liability for Passenger Delay

16.4.1. Our liability for damage caused by Passenger delay shall be limited in accordance with the Convention.

16.4.2. Whether or not the Convention applies, We are not liable for damage due to delay if We prove that (i) We and Our agents took all reasonable measures to avoid such damage, or (ii) it was impossible for Us and Our agents to take such measures.

16.5. General Provisions

To the extent not inconsistent with the foregoing provisions, and whether or not the Convention applies:

16.5.1. We are liable for compensation only in cases of death or injury resulting from an accident occurring on board the aircraft or during the operations of embarking or disembarking.

16.5.2. We are liable only for damage occurring on Our own flights. If We issue a Ticket or check Baggage for a Passenger traveling on another Carrier’s flight, We act solely as an agent for that Carrier.

16.5.3. We are not liable for any damage arising from Our compliance with, or the Passenger’s failure to comply with, any applicable laws, regulations, orders, or governmental requirements.

16.5.4. Unless otherwise provided herein, Our liability is limited to actual, proven damages in accordance with the Applicable Laws.

16.5.5. If a Passenger is carried in a physical or mental condition or of an age that poses a risk to themselves, We shall not be liable for any illness, injury, disability, or death resulting therefrom.

16.5.6. If a Passenger with a confirmed reservation is denied boarding or not provided the confirmed service class, We shall be liable only for reasonable expenses for accommodation, meals, communication, and transportation to/from the airport, as well as any compensation as published on Our Website and Mobile Application.

16.5.7. Any exclusion or limitation of Our liability shall apply equally to Our employees, agents, and representatives, as well as to the owners and operators of aircraft used by Us. The total amount recoverable from Us and such persons shall not exceed the applicable limits of liability under these Conditions of Carriage and the relevant Applicable Laws.

16.5.8. Except as otherwise provided herein, nothing in these Conditions of Carriage shall waive any exclusion or limitation of Our liability available under the Convention or the Applicable Laws.

16.5.9. We are not liable for any damage caused by Force Majeure events beyond Our control, including but not limited to natural disasters, war, or strikes.