Additional Liability Limitations. For the purposes of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.
A) The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a passenger, as provided in the following paragraphs:
1) The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,110 Special Drawing Rights for each passenger.
2) The Carrier shall not be liable for damages to the extent that they exceed 113,110 Special Drawing Rights for each passenger if the Carrier proves that:
(a) such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or
(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
3) The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Articles 20 and 22
(1) of the Warsaw Convention in a manner inconsistent with paragraphs (1) and
(2) hereof.
4) With respect to third parties, the Carrier reserves all rights of recourse against any other person, including, without limitation, rights of contribution and indemnity.
5) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the passenger.
B) In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a passenger as provided in the following paragraphs:
1) Unless a dispute arises over the identity of the person to whom an advance payment shall be made, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier in its sole discretion. In the event of death of a passenger, the amount of the advance payment shall not be less ...
Additional Liability Limitations. CARRIER DOES NOT UNDERTAKE TO CARRY AS BAGGAGE ANY TOOLS OF TRADE, HOUSEHOLD GOODS, FRAGILE OR VALUABLE ITEMS, PRECIOUS METALS, JEWELRY, DOCUMENTS, NEGOTIABLE INSTRUMENTS OR OTHER VALUABLES. YOU WARRANT THAT NO SUCH ITEMS WILL BE PRESENTED TO CARRIER WITHIN ANY RECEPTACLE OR CONTAINER AS BAGGAGE, AND RELEASE CARRIER FROM ALL LIABILITY WHATSOEVER FOR LOSS OF OR DAMAGE TO SUCH ITEMS WHEN PRESENTED TO THE CARRIER IN BREACH OF THIS WARRANTY.
Additional Liability Limitations. Except as required by mandatory law, under no circumstances is Xxxxxx or its Design Professionals liable for any of the following even if informed of their possibility:
a. Loss of, or damage to, the Client’s records, documents, data (Digital or otherwise), or any other proprietary information.
b. Indirect, consequential or incidental damages and losses sustained by the Client.
c. The Client’s lost profits, business, revenue, goodwill, or anticipated savings.
Additional Liability Limitations
