34. LIMITATION OF LIABILITY ON CARGO

(A) Declaration of Value

The shipper acknowledges that he has been given an opportunity to make a special declaration of the value of the cargo at delivery and that the sum entered on the face of the air waybill as "shipper's declared value for carriage" or specified in their charter agreement as "declared value for carriage", if in excess of 19 SDR per kilogram under the Montreal Convention or ; 17SDR per kilogram for carriage to which the Montreal Convention does not apply; (or, in the case as defined in JAL's Regulations, its equivalent amount in national currency per kilogram in accordance with such Regulations) , constitutes such declaration of value. (Regardless of any applicable Convention, 19SDR per kilogram will apply for carriage to or from the United States.)

(B) Limitation of Liability

JAL's liability for Cargo is as described in the following provisions, unless the Convention or applicable law may otherwise provide and, under such Convention or applicable law, any of those provisions shall be null and void for the reason that they relieve the carrier of liability or fix a lower limit than that which is laid down in such Convention or applicable law.

(Responsibility to Prove)

(1)

Except as provided in the provisions of Sub-paragraph (2) and (3) below, JAL is liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, damage to or delay in arrival of any cargo, arising out of or in connection with the carriage of the cargo by charter flight or other service performed by JAL, upon condition that the occurrence which caused the damage so sustained took place during the carriage by charter flight; provided, however, that JAL is not so liable if JAL proves that any of the following provision of (a), (b) and (c) is applicable or that such damage has not at all been caused by negligence or willful fault of JAL.

(a)

JAL is not liable for any destruction or loss of, damage to or delay in arrival of cargo directly or indirectly arising out of JAL's compliance with any applicable laws, or failure of the shipper, consignee or any other person to comply with the same, or cause beyond JAL's control.

(b)

JAL is not liable if the destruction or loss of, or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo(, which also means that JAL is not liable under any circumstances for damage to or destruction of a shipment caused solely by, or as a result of property contained therein). JAL will accept carriage of any shipments, the contents of which are liable to deteriorate or perish due to change in climate, temperature or altitude or other ordinary exposure, or because of length of time in transit, without any responsibility on the part of JAL for loss or damage caused by such deterioration or perishability.

(c)

JAL will accept carriage of an animal subject to the condition that a shipper or consignee shall observe JAL's Regulations and shall be fully responsible for such animal. JAL shall not be liable for injury to, or loss, delay in arrival, sickness or death of, such animal caused by any reason whatsoever.

(2)

In the case of the carriage subject to "Warsaw Convention as amended at Montreal", JAL is liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, or damage to, cargo, (which means that the damage in connection with delay in arrival of cargo is excluded,) arising out of or in connection with the carriage of the cargo by charter flight or other service performed by JAL incidental thereto, upon condition only that the occurrence which caused the damage so sustained took place during the carriage by charter flight; provided, however, that JAL is not so liable if JAL proves that the destruction or loss of, or damage to, the cargo resulted solely from one or more of the following:

(a)

inherent defect, quality or vice of that cargo;

(b)

defective packing of that cargo performed by a person other than JAL or JAL's servants or agents;

(c)

an act of war or an armed conflict;

(d)

an act of public authority carried out in connection with the entry, exit or transit of the cargo.

(3)

In the case of the carriage subject to "Montreal Convention", JAL shall be liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, or damage to, cargo, (which means that the damage in connection with delay in arrival of cargo is excluded,) arising out of or in connection with the carriage of the cargo by charter flight or other service performed by JAL incidental thereto, upon condition only that the occurrence which caused the damage so sustained took place during the carriage by charter flight; provided, however, that JAL shall not be liable if and to the extent JAL proves that the destruction or loss of, or damage to, the cargo resulted from one or more of the above (2) (a) to (d).

(Limitation of Liability in Value)

(4)

 

(a)

JAL will calculate the charges for carriage of cargo by charter flight based upon the value declared by the shipper or the charterer on behalf of the shipper, and, any liability of JAL shall in no event exceed the shipper's or charterer's declared value for carriage stated on the face of the air waybill or the charter agreement, and, in the absence of such declaration by the shipper or the charterer, the liability limitation of JAL shall not exceed nor be less than the sum of 19 SDR per kilogram under the Montreal Convention; 17SDR per kilogram under condition which the Montreal Convention does not apply; of the cargo destroyed, lost, damaged or delayed. (Regardless of any applicable Convention, 19SDR per kilogram will apply for carriage to or from the United States.)

However in the case of the carriage subject to "Warsaw Convention" or "Warsaw Convention as amended at The Hague", such limit of liability specified above shall not apply if it is proved that such damage resulted from an act or omission of JAL, JAL's servants or agents (who were proved to be acting within the scope of JAL's employment), done with intent to cause damage or recklessly and with knowledge that damage would probably result.

(b)

All claims shall be subject to proof of actual value of damage.

(Other Limitation of Liability)

(5)

In the event of delivery to the consignee, or any other person entitled to delivery, of part but not all of the shipment, or in the event of destruction or loss of, damage to or delay in arrival of part but not all of the shipment, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such packages shall also be taken into consideration in determining the limit of liability.

(6)

The shipper and consignee, whose property shall cause damage to or destruction of another shipment or of the property of JAL, shall indemnify JAL for all losses and expenses incurred by JAL as a result thereof. Cargo which is likely to endanger chartered aircraft, persons or property may be abandoned or destroyed by JAL at any time without any notice and without any liability therefore attaching to JAL, only if such danger have resulted solely from the property contained in the consignee's cargo.

(7)

JAL shall not be liable in any event for any consequential or special damage or punitive damages arising from carriage of cargo by charter flight complying with these Conditions of Carriage and JAL's Regulations, whether or not JAL had knowledge that such damage might arise.

(8)

If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, JAL shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.