Article 16. Liability for damage

16.1. Applicable Laws

16.1.1. The Conditions of Carriage and Applicable Laws govern our liability to passengers. Where a passenger’s journey involves another carrier, their liability is governed by applicable laws, unless otherwise specified in that carrier’s conditions of carriage. Such carriers may have lower liability limits.

16.1.2. Applicable Laws may include conventions and/or laws applicable in each individual country.

16.1.3. We are only liable for damages arising on flights operated by us, or on flights for which we have legal responsibility to the passenger. If we issue a ticket or handle baggage for a passenger on another carrier’s flight, we act only as an agent of that carrier.

16.1.4. This Article 16 sets out liability limits and summarizes provisions applied under the Convention and applicable laws. In case of any conflict, the Convention or applicable laws shall prevail.

16.2. Liability for Death or Bodily Injury of Passengers

We are liable for proven damages suffered by a passenger in the event of death, injury, or bodily harm caused by an aircraft accident arising from or related to carriage performed by us, subject to applicable laws and the following provisions:

16.2.1. Our liability for each deceased or injured passenger is subject to the limits under the Convention. We are not liable beyond such limits if we prove that:

a) The damage was not caused by negligence or other wrongful act or omission by us, our employees, or agents;

b) The damage was caused solely by negligence or wrongful act or omission of a third party.

16.2.2. We are only liable for damages occurring on board the aircraft or during boarding/disembarking. If damage is caused by the passenger’s fault, our liability may be reduced or excluded.

16.2.3. We will provide advance payments to passengers or entitled claimants in accordance with our policy and applicable law. Such payments do not constitute admission of liability and will be deducted from the final compensation.

16.2.4. For journeys with departure, destination, or agreed stop in the United States, liability limits shall follow the Convention.

16.2.5. Nothing in these Conditions shall affect the rights and liabilities of carriers regarding claims where a person intentionally caused death or injury to a passenger.

16.2.6. Names of participating carriers may be checked at their ticket offices. Each carrier is independently responsible for the segments it operates and does not assume liability for other carriers’ operations.

16.3. Liability for Baggage Damage

16.3.1. We are not liable for damage to cabin baggage (except where caused by delay as defined in 16.4), unless such damage is caused by our fault or that of our designated agent.

16.3.2. We are not liable for damage caused by inherent defects, quality issues, or normal wear and tear during air transport.

16.3.3. Liability limits for loss, damage, destruction, or delay of baggage are governed by the Convention. Where only partial baggage is delivered, liability is calculated based on weight/number of pieces, not declared value.

16.3.4. Compensation is based on actual proven loss but not exceeding liability limits. The passenger must prove actual damage.

16.3.5. Liability limits do not apply if the passenger proves damage was caused by:

a) Intentional misconduct; or

b) Gross negligence with awareness of probable damage by us or our agents.

16.3.6. Where local law applies, its liability limits for baggage shall prevail.

16.3.7. If neither the Convention nor local law applies, our liability follows section 16.3.3.

16.3.8. If baggage weight/pieces are not indicated, free baggage allowance applies.

16.3.9. We are not liable for baggage damage due to delay if we took reasonable measures or could not avoid it.

16.3.10. We are not liable for injury or damage caused by items inside passenger baggage. Passengers are responsible for damage caused by their baggage.

16.3.11. We are not liable for fragile, valuable, or restricted items in checked baggage unless declared as valuable baggage.

16.3.12. We are not liable for damage due to passenger failure to comply with baggage procedures, including interline transfers without agreement.

16.3.13. Liability applies only where damage is caused by our fault and may be reduced if passenger fault is involved.

16.4. Liability for Passenger Delay

16.4.1. Our liability for damages due to passenger delay is limited by the Convention.

16.4.2. We are not liable if we took reasonable measures to avoid the damage or could not have avoided it.

16.5. General Provisions

16.5.1. We are only liable for death or injury caused by accidents occurring on board or during boarding/disembarking.

16.5.2. We are only liable for damages arising on our operated flights.

16.5.3. We are not liable for damages resulting from compliance or non-compliance with laws or government regulations.

16.5.4. Liability is limited to proven actual damages unless otherwise stated.

16.5.5. We are not liable for illness, injury, or death resulting from passenger health conditions or age-related risks.

16.5.6. Liability limitations also apply to our employees, agents, and representatives.

16.5.7. Nothing in these Conditions waives rights under the Convention or applicable laws.

16.5.8. We are not liable for force majeure events including natural disasters, war, strikes, etc.