CONDITION OF CARRIAGE (INTERNATIONAL PASSENGERS AND BAGGAGE)
Effective 23 August, 2011
18. LIABILITY OF CARRIERS
(A) Applicable Laws
- Carriage performed by JAL shall be subject to the rules and limitations relating to liability established by the Convention as applicable to the Carriage unless such Carriage is International Carriage to which the Convention does not apply.
- To the extent not in conflict with the provisions of the preceding sub-paragraph (1), any Carriage and other services to be performed or provided by JAL shall be subject to:
- Applicable Laws; and
- these Conditions of Carriage and JAL's Regulations, which may be inspected at any of JAL's business offices and its offices in any airport from which it operates regular services.
- The full name of a Carrier and its abbreviation shall be as set forth in the Carrier's regulations and such name may be expressed in an abbreviated form on a Ticket. For the purpose of application of the Convention, a Carrier's address shall be the airport of departure indicated in the line of the Ticket on which the abbreviation of the Carrier's name first appears and the Agreed Stopping Places (which may be altered by the Carrier in case of necessity) shall be those places as defined in Article 1.
(B) Limitation of Liability
- 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 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.
- 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.
- JAL shall not be liable for any Damage 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.
- Where the Convention other than the Montreal Convention applies;
- 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:
- 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.
- 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.
- 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.
- 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.
- 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
- 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 (H) of Article 11. 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.
- In the case of Carriage of Checked Baggage from or to a point or points in the United States of America, Canada or any other country provided in JAL's Regulations, JAL's liability shall also be subject to the preceding sub-paragraph (4). In the case of such Carriage, the weight of each item of Checked Baggage shall be deemed not to exceed 32 kilograms (70 pounds) and, in case the sub-paragraph (4) (b) applies, JAL's liability shall, accordingly, be limited to 544 SDR (8,000 French Gold Francs), except in case JAL accepts Carriage of Checked Baggage with respect to which JAL enters into an agreement in advance concerning an item weighing above 32 kilograms (70 pounds) in accordance with sub-paragraph (6) of paragraph (C) of Article 11.
- 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.
- 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.
- 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.
- 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.
- JAL will issue a Ticket or accepts Checked Baggage for Carriage performed by any other Carrier only as an agent of such Carrier. JAL shall not be liable for any Damage which shall have occurred outside a sector the Carriage for which shall have been performed by JAL. JAL shall neither be liable for any Damage which shall have occurred to Checked Baggage outside a sector the Carriage for which shall have been performed by JAL, except where the Passenger shall be entitled by the Convention to claim such Damage against JAL in case JAL is the first or the last Carrier under the relevant contract of Carriage.
- JAL shall not be liable in any event for any consequential or special damage or punitive damages arising from Carriage complying with these Conditions of Carriage and JAL's Regulations, whether or not JAL had knowledge that such damage might arise.
- 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.
- Any exclusion or limitation of liability of JAL under these Conditions of Carriage and JAL's Regulations shall also apply to any of JAL's representatives, officers, employees or agents performing their respective duties and to any person or entity whose aircraft is used by JAL for Carriage and any of its representatives, officers, employees or agents performing their respective duties. The aggregate amount of the damages payable by JAL or its representatives, officers, employees or agents shall not exceed the amount of JAL's limitation of liability under these Conditions of Carriage.