1.1  Baggage

 

(a) We will not be liable for Damage to Unchecked Baggage unless we caused the Damage by our negligence.

(b) We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage (for example, destruction of, or damage caused by or to, any items which are not packed correctly or are inherently unsuitable for travel in the hold and other items which you are prohibited from including in your Baggage . Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air 


(c) Our liability for Damage to Baggage is limited to the maximum amounts stated in Articles 1.1(c)(i) to (v) unless you prove that the Damage resulted from our act or omission either done with the intention of causing Damage or recklessly and with knowledge that Damage would probably result. You may wish to make a special declaration of value (see Article 15.5(d)) or buy yourself insurance to cover instances where the actual value or replacement cost of your Checked Baggage or Unchecked Baggage exceeds our liability.

(i) The National Currency Equivalent of 332 SDRs per Passenger applies to Damage to Unchecked Baggage where the Warsaw Convention applies to your carriage;

(ii) The National Currency Equivalent of 17 SDRs per kilogram, or any higher sum agreed by us pursuant to Article 15.5(d), applies to Damage to Checked Baggage where the Warsaw Convention applies to your carriage;

(iii) The National Currency Equivalent of 1,131 SDRs per Passenger, or any higher sum agreed by us pursuant to Article 15.5(d), applies to Damage to both Unchecked and Checked Baggage where the Montreal Convention applies to your carriage;

(iv) The limit of liability for Damage to both Unchecked and Checked Baggage laid down by local law applies to your Baggage where local law applies to your carriage instead of the Warsaw Convention or the Montreal Convention.

(v) The limits of liability for Damage to both Unchecked and Checked Baggage specified in Articles 1.1(c)(i) and (ii) apply to Damage to Unchecked Baggage and Checked Baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to your carriage and no limit of our liability is laid down by applicable local law.

(d) We will increase our liability to you for Damage to Checked Baggage to an amount specified by you and agreed by us at the time you hand your Checked Baggage to us at Check-in, but only if you pay to us an additional charge calculated in accordance with our Rules. This is known as a "special declaration of value". Please ask us for details of the applicable charges if you want to use this option.


(e) If the weight of your Checked Baggage is not recorded on the Baggage Check, we will presume that it is not more than the free baggage allowance for the class of carriage for which you were booked.


(f) Where carriage of your Baggage is performed by successive airlines and either the Warsaw Convention or the Montreal Convention applies to that carriage, you are entitled to make a claim against us if we are the first or last airline in that carriage, even if the Damage to the Baggage did not occur during carriage by us.

1.2 Delay in the carriage of Passengers

Our liability for Damage caused by delay in your carriage by air is limited by the Warsaw Convention and the Montreal Convention. In the case of carriage governed by the Montreal Convention, our liability will be limited to the National Currency Equivalent of 4,694 SDRs. Where neither of those Conventions applies, we will have no liability to you for delay, except as provided in these Conditions of Carriage.

 

2.1 Time limit for Baggage claims

(a) If you, or the person holding the Baggage Check and Baggage Identification Tag with your authority, receives Checked Baggage without complaint, the absence of complaint will be sufficient evidence that the Checked Baggage was received in good condition unless you prove otherwise.


(b) If you want to claim compensation from us for Damage to Checked Baggage, you must notify us as follows.

(i) if the Damage to Checked Baggage is physical in nature you must notify us in writing within 7 Days of receipt of the Checked Baggage;

(ii) if the Damage consists of total or partial loss of Checked Baggage you must notify us in writing within 7 Days of the date the Checked Baggage arrived or should have arrived;

(iii) if you want to claim compensation from us for delay of Checked Baggage, you must notify us in writing within 21 Days from the date the Baggage was placed at your disposal.

2.2 Processing of Baggage claims

(a) All claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent), or is more than 5 years old and has a claims value of less than US$50 (or National Currency Equivalent).


(b) In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repairability of that damage.


(c) If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. This requirement will not apply where the total cost of replacement items does not exceed US$50 or the National Currency Equivalent. Proof of purchase of all replacement items must accompany your claim. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent).


(d) For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.


(e) If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.


(f) Failure by you to fully comply with the relevant requirements of Article 2.2 may adversely affect the amount of any compensation to which you may be entitled.

2.3 Time limit for all actions for damages

You will have no right to compensation for any Damage if an action is not brought within two (2) years of the date of your arrival at the place of destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.