14.1 Applicable rules
Antrak Air liability will be determined by applicable law and this Conditions of Carriage. Where other airlines are involved in the journey, their liability will be governed by applicable law and, unless this Conditions of Carriage state otherwise, their conditions of carriage. Applicable law may comprise the Warsaw Convention or the Montreal Convention and/or laws which apply in individual countries. The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning our liability are set out in Articles 14.2 to 14.6.
14.2 Scope of liability
Antrak Air will be liable only for damage occurring during carriage performed, or in relation to which Antrak Air has a legal liability.
14.3 General limitations
14.3.1 Wherever the Warsaw Convention or the Montreal Convention applies to the carriage, Antrak Air''s Liability will be subject to the rules and limitations of the applicable Convention.
14.3.2 Antrak Air will be wholly or partly exonerated from liability for damage if it prove that the
damage was caused or contributed to by the passenger’s negligence or other wrongful act or omission.
14.3.3 Antrak Air may be wholly or partly exonerated from liability for damage if it prove that the
damage did not result from its negligence or that it resulted from the negligence of a third party, or that Antrak Air took certain measures to avoid the damage or that it was impossible to take such measures.
14.3.4 Antrak Air will not be liable for any damage arising from its compliance with applicable local law or government rules and regulations or from the failure of the passenger to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.
14.3.5 Except where stated otherwise in these Conditions of Carriage, Antrak Air will be liable to only compensatory damages entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or local laws which may apply.
14.3.6 The passenger''s contract of carriage applies for the benefit of Antrak Air authorized Agents,
servants, employees and representatives to the same extent as applies. As a result, the total amount recoverable from Antrak Air and its Authorized Agents, servants, employees and representatives will not be more than its own liability, if any.
14.3.7 Nothing in these Conditions of Carriage:
l4.3.7 (a) gives up or waives any exclusion or limitation of Antrak Air liability available under the Warsaw Convention, or the Montreal Convention or applicable local law unless otherwise expressly stated in writing by Antrak Air ; or
14.3.7 (b) prevents Antrak Air from excluding or limiting its liability under the Warsaw Convention, or the Montreal Convention, as applicable, or under any other laws which apply, or gives up any defense available to Antrak Air there under against any public social security body or any person
liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
14.4 Death or injury of Passengers
Antrak Air liability for damage sustained by a passenger, in the event of death, wounding or other bodily injury caused by an accident is subject to the rules and limitations of applicable law as well as the following supplementary rules:
14.4.1 Antrak Air liability for proven damages will not be subject to any financial limit, be it defined by law, the Warsaw Convention or otherwise;
14.4.2 For any proven damages up to the National Currency Equivalent of 100,000 SDRs, any defense
based on proof that Antrak Air and its agents have taken all necessary measures to avoid the damage, or that it was impossible for such measures to have been taken, will not apply.
14.4.3 Antrak Air agrees to make advance payments to the passenger or his heirs subject to the following terms and conditions:
14.4.3 (a) the person receiving payment is a natural person (that is to say, a person in the ordinary sense of the word as opposed to artificial persons or corporations);
14.4.3 (b) laws;
14.4.3(c) The passenger is, or the person receiving payment is, entitled to compensation under applicable loss. Payments will be made only in respect of immediate economic needs;
l4.4.3 ( d) The amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury, save that, in the case of death, it will not be less than the National Currency Equivalent of 10,000 SDRs per Passenger;
l4.4.3 (e) Payment will not be made later than 30 Days after the identity of the person entitled to compensation has been established under applicable laws;
l4.4.3 (f) No person will be entitled to receive a payment if he or she or the passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates by his or her negligence;
14.4.3(g) All payments will be made subject to the condition that they will be returned to Antrak Air on proof that the recipient has not complied with or satisfied Article l4.4.3(b) or he or she or the Passenger to whom the payment relates, caused or contributed to the damage to which the payment relates;
1 4.4.3 (h) Payments will be off-set against any subsequent sums payable in respect of our liability under applicable laws;
l4.4.3(i) Except for payment of the minimum sum specified in Article l4.4.3(d) in respect of death, a payment will not exceed the maximum damages for which Antrak Air be liable to pay the recipient;
14.4.3(j) The making of a payment will not constitute recognition or admission of liability by Antrak Air;
14.4.3(k)No payment will be made unless the person receiving payment gives us a signed receipt which also acknowledges the applicability of Articles l4.4.3(g), (h) and U); and
14.4.3(l) Save to the extent in conflict with any applicable law, and subject to payment of the minimum sum specified in Article 14.4.3( d) in the case of death, Antrak Air decision in relation to the payment amount will be final.
14.5 Baggage
14.5.1 Antrak Air will not be liable for damage to unchecked baggage unless Antrak Air caused the damage by its negligence.
14.5.2 Antrak Air will not be liable for damage to baggage resulting from the inherent defect, quality or vice of the Baggage. Likewise, Antrak Air will not be liable for fair wear and tear of baggage resulting from the usual and normal rigors of transportation by air (see also Article 8.7.6 regarding the suitability of the baggage for transportation by air).
14.5.3 Antrak Air is not liable for Damage to any item included in the Baggage which it prohibited from including in the Baggage by Articles 8.3 and 8.4. For Checked Baggage, those items include, for example, fragile or perishable items, valuable items (for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.
14.5.4 Antrak Air Liability for Damage to Baggage is limited to the maximum amounts stated in Articles 14.5.4(a) to (e) unless it is proved that the Damage resulted from Antrak Air act or omission either done with the intention of causing Damage or recklessly and with knowledge that Damage would probably result. The passenger may wish to make a special declaration of value (see Article 14.5.5) or buy insurance to cover instances where the actual value or replacement cost of Checked Baggage or Unchecked Baggage exceeds Antrak Air liability.
14.5.4 (a) The National Currency Equivalent of 332 SDRs (approximately US$400) per Passenger applies to damage to unchecked baggage where the Warsaw Convention applies to the carriage;
14.5.4 (b) The National Currency Equivalent of 17 SDRs (approximately US$20) per kilogram, or any higher sum agreed by Antrak Air pursuant to Article 14.5.5, applies to damage to checked baggage where the Warsaw Convention applies to the carriage;
14.5.4 (c) The National Currency Equivalent of 1000 SDRs (approximately US$1375) per passenger, or any higher sum agreed by Antrak Air pursuant to Article 14.5.5, applies to damage to both unchecked and checked baggage where the Montreal Convention applies to the carriage;
14.5.4(d) The limit of liability for damage to both unchecked and checked baggage laid down by local law applies to the baggage where local law applies to the carriage instead of the Warsaw Convention or the Montreal Convention.
14.5.4 (e) The limits of liability for damage to both unchecked and checked baggage specified in Articles 14.5.4(a) and (b) apply to damage to unchecked baggage and checked baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to the carriage and no limit of our liability is laid down by applicable local law.
14.5.5 Antrak Air will increase its liability for damage to checked baggage to an amount specified by
the passenger and agreed by Antrak Air at the time he hands his checked baggage at check-in, but only if he pay an additional charge calculated in accordance with Antrak Air regulations. This is known as a "special declaration of value".
14.5.6 If the weight of checked baggage is not recorded on the baggage check, Antrak Air will presume that it is not more than the free baggage allowance for the class of carriage for which the passenger was booked.
14.6 Advice to International Passengers on limitation of liability
Where the journey involves an ultimate destination or stop in a country other than the country of origin, the passenger is advised that the Warsaw Convention or the Montreal Convention may be applicable to the entire journey, including any section entirely within the country of origin or destination.
Where the Montreal Convention is applicable, the airline is liable for proven damages for death or personal injury, and certain defenses to Liability specified by that Convention will be inapplicable for damages not exceeding the National Currency Equivalent of 100,000 SDRs.
Where the Montreal Convention is not applicable, the conditions of carriage of many airlines (including Antrak Air, as specified in Article 15.4 above) provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the National Currency Equivalent of 100,000 SDRs, any defense to Liability based on proof that they have taken all necessary measures will not apply. Where no such provisions are included in the airline''''''''s conditions of carriage, please note that;
(i) for such Passengers on a journey to, from or with an agreed stopping place in the USA, the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the Liability of certain airlines, parties to such special contracts, for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed US$75,OOO per Passenger, and that this liability up to such limit will not depend on negligence on the part of the airline; and
(ii) for such Passengers travelling by an airline not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from or having an agreed stopping place in the USA, the liability of the airline for death or personal injury to Passengers is limited in most cases to US$IO,OOO or US$20,OOO; and
(iii) some countries impose higher limits than those stated in (i) and (ii).
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the airline''''''''s Liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned in (i) above.
Note: The limit of Liability of US$75,000 specified in (i) above of this Article 14.6 is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum ofUS$58, OOO exclusive of legal fees and costs.