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16.1. Applicable rules
16.1.1. These conditions of carriage and applicable law govern our liability to you. Where other Carriers are involved in your journey, their liability will be governed by applicable law and, unless these Conditions of Carriage state otherwise their conditions of carriage. Other carriers may have lower limits of liability.
16.1.2. Applicable law may include the Convention and/or laws which apply in individual countries.
16.1.3. We will be liable only for Damage occurring during carriage performed by us, or in relation to which we have a legal liability to you. Where we issue a Ticket for carriage by another Carrier, or we check-in your Baggage for carriage by another Carrier, we do so only as agent for that Carrier.
16.1.4. This Article 16 sets out the limits of our liability and summarises the liability rules applied by us under the Convention and applicable laws but if inconsistent with the Convention or other applicable laws, the Convention or other applicable laws will override this Article 16.
16.2. Our liability for death or injury to Passenger
Our liability for proven damages sustained by you in the event of death, wounding or any other bodily injury caused by an accident arising from or relating to carriage provided by us is subject to the rules and limitations set forth in the applicable law as well as the following supplementary rules:
16.2.1. Our liability with respect of each Passenger for death, wounding or other bodily injury shall be limit equivalent to the sum of 100,000 SDR inclusive of legal fee and costs.
16.2.2. We shall be liable for Damage to a Passenger occurring on its carriage by air, except that such Damage has been caused by Passenger’s health condition. In case Damage is caused to Passenger by himself or herself, the liability of us shall be reduced or exempted.
16.2.3. Pursuant to Article 22 (1) of the Convention, in respect of international carriage performed by us and governed be the Convention, the limit of liability of us for each Passenger for death, wounding or other bodily injury shall be limit equivalent to the sum of 100,000 SDRs inclusive of legal fees and costs.
16.2.4. For journeys which are to, from or with an agreed stopping place in the United State of America, the limit of liability of 100,000 SDRs is in substitution for the limit of liability specified in Article 16.2.5. We will not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger under the Convention, avail ourselves of any defense under Article 20 (1) of the Convention.
16.2.5. Agreement applicable to carriage relating to United State of America
In accordance with Article 22 (1) of the Convention, we and certain other carriers agree that with respect to international carriage to which the Convention applies and which includes a point in the United State of America as a point of origin, a point of destination or agreed stopping place:
18.104.22.168. The limit of liability for each Passenger for death, wounding or other bodily injury shall be the sum of USD 75,000 inclusive of legal fees and costs except that, in case of a claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of USD 58,000 exclusive of legal fees and costs.
22.214.171.124. We and certain other carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defense under Article 20 (1) of the Convention.
16.2.6. Nothing herein shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has willfully caused Damage which resulted in death, wounding, or other bodily injury of a Passenger.
The name of carriers partied to the agreement referred to in this paragraph are available at all ticket offices of such carriers and may be examined on request. Each of such carriers has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other carrier with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier.
16.3. Our liability for Damage to Baggage
16.3.1. We are not liable for Damage to Unchecked Baggage (other than Damage caused by delay which is covered by Article 16.4 below) unless the Damage was caused by our negligence or the negligence of our Authorised Agents.
16.3.2. We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air.
16.3.3. With respect to claims to which the Convention applies, our liability in the case of Damage to Checked Baggage shall be limited to USD 20 per kilogram and in the case of Damage to Unchecked Baggage, USD 400 per Passenger, or any higher sum agreed to by us pursuant to Article 9.7. In the event of delivery to the Passenger of part but not all of your Checked Baggage, or in the event of Damage to part but not all of your Checked Baggage, the liabilities of us with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the Baggage or contents thereof.
16.3.4. With respect to claims to which the Law on Civil Aviation of Vietnam applies, our liability for Damage to both Unchecked and Checked Baggage, including your personal property is limited to 1,000 SDRs per Passenger or any higher sum agreed to by us pursuant to Article 9.7.
16.3.5. Our compensation for Damage of Baggage on the principle of compensation for the proven damages but not exceeding our limit of liability. You have responsibility to prove actual Damage to your Baggage. In case of Article 16.3.4 applied, for any reason, if you can not prove actual Damage or unable to provide evidence of Damage for claim, we shall apply the limit of liability pursuant to Article 16.3.3.
16.3.6. The limits of liability mentioned above will not apply if you are able to prove that the Damage resulted from an act or omission by us or our agents carried out either:
126.96.36.199. with the intention of causing Damage; or
188.8.131.52. recklessly and with actual knowledge that Damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment.
16.3.7. The limit of liability for Damage to both Unchecked and Checked Baggage established by local law applies to your Baggage where local law applies to your journey.
16.3.8. The limit of liability for Damage to both Unchecked and Checked Baggage specified in 16.3.3 applies to Damage to Unchecked Baggage and Checked Baggage respectively where the Warsaw Convention applies to you carriage and no limit of liability is established by applicable local law.
16.3.9. You may wish to make a special declaration of value (see Article 9.7) or buy yourself additional insurance to cover instances where the actual value or replacement cost of your Checked Baggage or Unchecked Baggage exceeds our limit of liability.
16.3.10. If the weight of the 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 carriage concerned, as provided in Our Regulations.
16.3.11. If you complete a special declaration of higher value at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.
16.3.12. We are not liable for Damage to Baggage caused by delay if we prove that (i) we and our agents took all measures that could reasonably be required to avoid the Damage or (ii) that it was impossible for us or our agents to take such measures.
16.3.13. We are not liable for injury to you or for Damage to your Baggage caused by property contained in your Baggage or anyone else. You are responsible for any Damage caused by your Baggage to other people, including property and you shall indemnify us for all losses and expenses incurred by us as a result thereof.
16.3.14. We are not liable in any way whatever for Damage to articles which you include in your Baggage which you are prohibited from including in your Baggage by Article 9.3, including but not limited, to Damage to fragile or perishable items (fresh and perishable foodstuff…), keys, artwork, cameras, money, jewellery, precious metals, silverware, gemstone, medicines, drug, dangerous goods, computers, electronic devices, securities or other valuables, negotiable papers, contract, business documents, samples, passports and other identification documents, other precious and/or valuable items which are included in your Baggage but not declared a higher value of Baggage... regardless of our knowledge.
16.3.15. We are not liable in any way whatever for Damage to your Baggage caused by your failure to adhere to Article 9.4.6 of these conditions including failing to take responsibility for clearing, checking-in and re-tagging Baggage for carriage on another flight with a Carrier which we do not have an interline agreement with.
16.3.16. We are not liable for Damage to your Baggage unless such Damage is caused by the negligence of us. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
16.4. Our liability for Damage caused by delay to Passengers
16.4.1. Our liability for Damage caused by delay in your carriage by air is limited by the Convention.
16.4.2. Whether or not the Convention applies to your claim, we are not liable for Damage to Passengers caused by delay if we prove that we and our agents took all measures that could reasonably be required to avoid the Damage or that it was impossible for us or them to take such measures.
16.5. General provisions
To the extent not in conflict with the foregoing and whether or not the Convention applies:
16.5.1. We shall be liable only for Damage in the event of death or wounding of a Passenger, or any other bodily injury suffered by a Passenger, caused by an accident on board the aircraft , during any of the operations of embarking or disembarking.
16.5.2. We shall be liable only for Damage occurring during transportation ticketed under our own Airline Designator Code or operated by us. If we issue a Ticket or if we check Baggage for transportation under another Carrier’s Designator Code, we do so only as Agents for the other Carrier.
16.5.3. We are not liable for any Damage arising from our compliance with any laws or government regulations, orders or requirements, or from your failure to comply with them.
16.5.4. Except where these Conditions of carriage state differently, our liability shall be limited to proven compensatory damages, and in any event, we shall not be liable for (i) any loss of profits, revenue, contracts, sales, anticipated savings, goodwill and reputation; and (ii) indirect, consequential losses, or (iii) any form of non-compensatory damages.
16.5.5. If your age or mental or physical condition is such as to involve any hazard or risk to yourself, we shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
16.5.6. If you have a confirmed space and we are unable to provide such space or proper class service, we shall be liable only for your Damage arising from our misconduct, but our liabilities in this case will be limited to the refund reasonable cost for accommodation, meals, information and transport between the airport and place of accommodation and compensation of Damage in accordance with Our Regulations
16.5.7. Any exclusion or limitation of our liability shall apply to and be for the benefit of our Agents, employees and representatives and any person whose aircraft is used by us and such person's Agents, employees and representatives. As a result, the total amount recoverable from us and from such Agents, employees, representatives and persons shall not exceed the amount of our limit of liability.
16.5.8. Unless we state otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or applicable law which may apply.
16.5.9. We are not liable for any Damage caused by Force Majeure conditions for us as Act of God, war, strike...