Except as otherwise provided by the Convention or Applicable Laws, JAL's liability for death of, or wounding or other bodily injury to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any loss of or damage to any Baggage of a Passenger (hereinafter collectively referred to as "Damage") arising out of or in connection with Carriage by Charter Flight for Passenger and Baggage or other services incidental thereto performed or provided by JAL shall be as described hereinafter. If there has been contributory negligence on the part of the Passenger, JAL's liability shall be subject to the applicable law relating to contributory negligence.
| (1) |
JAL shall not be liable for any Damage in respect of Unchecked Baggage not attributable to negligence of JAL. Assistance rendered to a Passenger by a representative, officer, employee or agent of JAL in loading, unloading or transshipping Unchecked Baggage shall be considered as gratuitous service to the Passenger.
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| (2) |
JAL shall not be liable for any Damage of a Passenger and Baggage directly or indirectly arising out of its compliance with any Applicable Laws, failure of a Passenger to comply with the same or any cause beyond JAL's control.
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| (3) |
Where the Convention other than the Montreal Convention applies;
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(a) |
JAL agrees in accordance with Article 22 (1) of the Convention that, as to all International Carriage performed by JAL and as defined in the Convention:
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(i) |
JAL shall not apply the applicable limit of liability based on Article 22 (1) of the Convention in defense of any claim arising out of death of or, wounding or other bodily injury to, a Passenger within the meaning of Article 17 of the Convention. Except as provided in (ii) below, JAL will not waive any defense to such claim which is available under Article 20 (1) of the Convention or any other Applicable Laws.
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(ii) |
JAL will not, with respect to any claim arising out of death of, or wounding or other bodily injury to, a Passenger within the meaning of Article 17 of the Convention, avail itself of any defense under Article 20 (1) of the Convention up to the sum of 113,100 SDR exclusive of the costs of the claim including attorney's fees which the court finds reasonable.
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(b) |
Nothing herein shall be deemed to affect the right of JAL with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused Damage which resulted in death of, or wounding or other bodily injury to, a Passenger.
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| (4) |
(a) |
In the case of Carriage subject to the Montreal Convention, JAL's liability for Baggage shall be limited to 1,131 SDR for each Passenger.
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(b) |
Except as provided in the provisions of (a) above, JAL's liability shall be limited to 17 SDR (250 French Gold Francs) per kilogram in the case of Checked Baggage and 332 SDR (5,000 French Gold Francs) for each Passenger in the case of Unchecked Baggage.
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(c) |
The limitation referred in (a) and (b) above does not apply if the Passenger shall have declared a higher value in advance and paid additional charges pursuant to paragraph (E) of Article 19. In that event, JAL's liability shall be limited to such higher declared value. In no case shall JAL's liability exceed the actual amount of Damage suffered by the Passenger. All claims shall be subject to proof by the Passenger of the amount of Damage.
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| (5) |
In case the sub-paragraph (4) (b) applies, in the event of delivery to a Passenger of a part but not all of his/her Checked Baggage or in the event of Damage with respect to a part but not all of such Baggage, JAL's liability with respect to the undelivered or the Damage portion shall be reduced proportionately on the basis of the weight of the Baggage, notwithstanding the value of any part of the Baggage or the contents thereof.
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| (6) |
JAL shall not be liable for any Damage with respect to a Passenger's Baggage caused by the contents thereof. A Passenger whose property causes Damage to another Passenger's Baggage or the property of JAL shall indemnify JAL for all loss and expenses incurred by JAL as a result thereof.
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| (7) |
JAL shall not be liable for any Damage to items which are included in a Passenger's Checked Baggage, if and to the extent that the damage resulted from the inherent defect, quality or vice of the item, irrespective of JAL's knowledge thereof.
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| (8) |
JAL may refuse to accept any article which shall not constitute Baggage under these Conditions of Carriage; provided that, if the article is delivered to and received by JAL, it shall be subject to the Baggage valuation and limitation of liability set forth in these Conditions of Carriage and shall be subject to the rates and Charges published by JAL.
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| (9) |
JAL shall not be liable in any event for any consequential or special damage or punitive damages arising from Carriage by Charter Flight for Passengers and Baggage complying with these Conditions of Carriage and JAL's Regulations, whether or not JAL had knowledge that such damage might arise.
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| (10) |
Unless otherwise provided in these Conditions of Carriage, JAL reserves any and all right of defense available under the Convention. JAL also reserves a right to make a subrogation claim against a third party which shall have contributed to Damage, with respect to a portion or all of any payment made by JAL in connection with the Damage. |
