15.1 Our liability and that of each Carrier involved in your journey will be determined by their own respective Conditions of Carriage.

15.2 Except as otherwise provided in this Article 15, carriage that is international carriage as defined in the Convention is subject to the liability rules of the Convention.

15.3 DEATH OR INJURY TO PASSENGERS  

15.3.1 Subject to these Conditions, we agree with you that in respect of all international carriage to which the Warsaw Convention applies;

15.3.1.1 We shall not invoke the limit of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention;
15.3.1.2 We shall not avail ourselves of any defence under Article 20 of the Warsaw Convention with respect to that portion of such claim in respect of a Passenger's death, wounding or other bodily injury that does not exceed 100,000 SDRs.

15.3.2  If the Montreal Convention applies, our liability for claims in respect of a Passenger's death, wounding or other bodily injury shall not exceed 100,000 SDRs if we prove that such damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party. 
15.3.3 The provisions of 15.3.1.1 and 15.3.1.2 above ("the waivers") shall be applicable to claims made by the Passenger only, or in the event of the death of the Passenger, any natural person entitled to claim in respect of that death in accordance with applicable law and shall not apply to any claim by any public social insurance body or similar however founded or asserted, whether by virtue of subrogated rights, statutory authority or otherwise. The waivers are personal and a claim or action to which they apply that is assigned or transferred shall be determined under the provisions of the Warsaw Convention or applicable law without the benefit of the waivers.
15.3.4 If your Ticket was bought in the European Union the following additional conditions shall apply in respect of your carriage on our services from or to a point in the European Union:

15.3.4.1 Without delay and in any event no later than 15 days after the natural person entitled to compensation has been identified we will make advance payments to that person as may be necessary to meet his/her immediate economic needs and that are proportionate to the hardship suffered;
15.3.4.2 Without prejudice to 15.3.4.1 we will make an advance payment of not less than 16,000 SDRs in the event of the death of a Passenger;
15.3.4.3 An advance payment does not mean we admit liability and it may be offset against any subsequent compensation for which we have a liability;
15.3.4.4 An advance payment is not returnable unless:
- we prove that the Damage was caused or contributed to by negligence of the Passenger or the person who received the payment, or
- we prove that the person who received the payment was not entitled to compensation.
15.3.4.5 We maintain insurance cover of at least 100,000 SDRs per Passenger and to a reasonable level beyond that amount.

15.3.5 Notwithstanding anything to the contrary in 15.3.1, 15.3.2 and 15.3.4 above, if we prove that the Damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law. 
15.3.6 We will not be liable for any illness, injury or disability, including death, attributable to your age or physical condition or for the aggravation of such condition.

15.4  BAGGAGE

15.4.1 To the extent not in conflict with the preceding Conditions or the provisions of the Convention and subject to Article 15.4.1.5 below:

15.4.1.1 If we issue a Ticket or check Baggage on the flight of another Carrier other than a Code Share Flight, we do so only as agent for such other Carrier whose conditions of carriage shall apply. Nevertheless, with respect to Checked Baggage the Passenger shall also have a right of action against the first or last Carrier;
15.4.1.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence;
15.4.1.3 We will not be liable for any Damage arising from compliance with any laws or Government regulations, orders or requirements, or from your failure to comply with the same;
15.4.1.4 Except in the case of acts or omissions done with intent to cause Damage or recklessly and with knowledge that Damage would probably result or if you have made a special declaration of interest pursuant to Article 8.7 above and paid any required supplementary sum, in which case we will be liable to pay a sum not exceeding the declared sum (unless we prove that this is greater than your actual interest); our liability in the case of Damage to Checked Baggage shall be limited to 17 SDRs per kilogram and in the case of Damage to Unchecked Baggage shall be limited to 332 SDRs per passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Checked Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of service concerned.
15.4.1.5 Notwithstanding Article 15.4.1.4 above, where the Montreal Convention applies to your carriage the following rules will apply to our liability for destruction or loss of or damage or delay to your Baggage:
15.4.1.5.1 Our liability in the case of destruction or loss of or damage or delay to all or any part of your Baggage will be limited to 1,000 SDRs per passenger unless you prove that the damage resulted from an act or omission on our part, or that of our employees or agents acting within the scope of their employment, done with intent to cause damage or recklessly and with knowledge that damage would probably result.
15.4.1.5.2 We will have no liability for destruction, loss of or damage to your Checked Baggage if the damage resulted from the inherent defect, quality or vice of the Checked Baggage.
15.4.1.5.3 We will have no liability for destruction or loss of or damage to your Unchecked Baggage unless the damage resulted from our fault or that of our employees or agents. 

15.4.2 We will not be liable for any Damage caused by your Baggage. You will be held responsible for any Damage caused by your Baggage to other persons or property, including our property.
15.4.3 We shall have 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, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
15.4.4 In the case of Checked or Unchecked Baggage if there has been contributory negligence on your part we may be exonerated wholly or partly from our liability in accordance with applicable law.

15.5  These conditions including any exclusion or limitation of liability shall apply to and be for the benefit of our Authorised Agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, our Authorised Agents, employees and representatives shall not exceed the amount of our limit of liability.

15.6 Our liability shall be limited to proven direct compensatory damages. We shall not in any circumstances be liable for exemplary, indirect or consequential damages.

15.7 For the purposes of this Article 15 the value of one SDR in the relevant currency on a particular day shall be such sum as the International Monetary Fund has fixed as being the value of one SDR in the relevant currency; (i) that day, or (ii) if no such sum has been fixed that day, the last day on which a sum has been so fixed.

15.8 Except as otherwise expressly provided herein, nothing contained in these Conditions shall waive any defence or exclusion of limitation of our liability under the Convention or applicable laws. With respect to third parties we reserve all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.

 
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