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| Contract of Carriage : Rule 55 |
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- Successive Carriers
Carriage to be performed under one ticket or under a ticket any conjunction ticket issued in connection therewith by several successive carriers is regarded as a single operation.
- Laws and Provisions Applicable
- Warsaw Convention. The carrier agrees in accordance with article 22(1) of the convention for the unification of certain rules relating to international transportation by air signed at Warsaw October 12, 1929 or, where applicable, that convention as amended by the protocol signed at the Hague on September 28, 1955 ("the convention") that, as to all international carriage or transportation hereunder as defined in convention:
- The carrier shall not invoke the limitation of liability in article 22(1) of the convention as to any claim for recoverable compensatory damages arising under article 17 of the convention.
- The carrier shall not avail itself of any defense under article 20(1) of the convention with respect to that portion of such claim which does not exceed 100,000 special drawing rights (SDRS).
- Except as otherwise provided in paragraphs a) and b) hereof, the carrier reserves all defenses available under the convention to such class. With respect to third parties, the carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
- The carrier agrees that subject to applicable law recoverable compensatory damages for such claims may be determined by reference to the law of domicile or permanent residence of the passenger.
- Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, and carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket, and for the purpose of the convention the agreed stopping places (which may be altered by carrier in case of necessity) are those places, except the place of departure and the place of destination set forth in the ticket any conjunction ticket issued therewith, or shown in carrier's timetable as scheduled stopping places on the passenger's route. A list giving the full name and abbreviation of each carrier in this tariff is provided at the front of this tariff.
- To the extent not in conflict with the provisions of paragraphs (1) and (2) above, all carriage hereunder and other services performed by each carrier are subject to:
- Applicable laws (including national laws implementing the convention or extending the rules of the convention to carriage which is not "international carriage" as defined in the convention), government regulations, orders, and requirements;
- Provisions set forth in passenger's ticket;
- Applicable tariffs; and
- Except in transportation between a place in the United States and any place outside thereof, conditions of carriage, regulations and timetables (but not the times of departure and arrival therein specified) of carrier, which may be inspected at any of its offices and at airports from which it operates regular services.
- Limitation of Liability
Except as the convention or other applicable law may otherwise require:
- Carrier is not liable for any death, injury, delay, loss, or other damage of whatsoever nature (hereinafter in this tariff collectively referred to as "damage") to passengers or unchecked baggage arising out of or in connection with carriage or other services performed by carrier incidental thereto, unless such damage is caused by the negligence of carrier. Assistance rendered to the passenger by carrier's employees in loading, unloading, or transshipping baggage shall be considered as gratuitous service to the passenger.
- Carrier is not liable for any damage directly and solely arising out of its compliance with any laws, government regulations, orders, or requirements or from failure of passenger to comply with same, or out of any cause beyond carrier's control. Any liability of carrier is limited to USD 20.00 (250 French Gold Francs, consisting of 65 1/2 milligrams of gold with a fineness of nine hundred thousandths) per kilogram in the case of checked baggage and USD 400.00 (5,000 French Gold Francs) per passenger in the case of unchecked baggage or other property, unless a higher value is declared in advance and additional charges are paid pursuant to carrier's regulations. In the event the liability of the carrier shall be limited to such higher declared value. In no case shall the carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.
Exception: For carriage wholly between points in the United States, the carrier's liability shall not exceed USD 2500.00 including value of baggage or personal property (whether or not checked) and consequential damages, unless a higher value is declared in advance and additional charges are paid. In the event the liability of carrier (including consequential damages) shall be limited to such higher declared value shall not apply to irreplaceable articles and or valuable items including but not limited to money, jewelry, cameras, electronic equipment, dive gear, silverware, negotiable papers' securities, business documents, samples, paintings, antiques, artifacts, manuscripts, personal papers, publications, liquids when such valuables are included in baggage checked or otherwise delivered into the custody of the carrier. All claims are subject to proof of amount of loss.
The foregoing limitation shall not apply when the passenger can prove that the carrier has failed to comply with the notice provisions of section 221.176 of part 221 of the civil aeronautics board's economic regulations.
Note 1: (applicable only to transportation exclusively on ha and to interline transportation where ha is the originating carrier) for purposes of determining liability under the convention with respect to passenger baggage acceptable for checking the weight of each piece of such baggage shall be deemed to be the maximum allowable weight for each piece of such baggage under the rule, unless the actual weight is stated on the baggage check.
Note 2: Under no circumstances will the carrier be liable for the loss, delay or damage to unchecked baggage or cabin baggage not attributed to the negligence of the carrier. Assistance rendered to the passenger by the carrier's employees in loading, unloading or trans-shipping of unchecked or cabin baggage shall be considered as a gratuitous service to the passenger.
- (a) in any event liability of carrier for delay of a passenger shall not exceed 125,000 French Gold Francs, or its equivalent. (b) in any event liability of carrier for death or injury shall not exceed 125,000 French Gold Francs, or its equivalent. {c}(see note, paragraph (c)(2) above.)
- In the event of delivery to the passengers of part but not all of his checked baggage, or in the event of damage to part but not all of such baggage, the liability of the carrier 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.
- Carrier is not liable for damage to a passenger's baggage caused by property contained in the passenger's baggage. Any passenger whose property caused damage to another passenger's baggage or to the property of carrier shall indemnify carrier for all losses and expenses incurred by carrier as a result thereof.
- (a) carrier is not liable for loss, damage to, or delay in the delivery of fragile or perishable articles, including but not limited to money, jewelry, cameras, electronic equipment, dive gear, silverware, negotiable papers' securities, business documents, samples, paintings, antiques, artifacts, manuscripts, personal papers, publications, liquids, or samples that are included in the passenger's checked baggage, with or without the knowledge of carrier. (b) (applicable for carriage wholly between points in the U.S.A.) when carrier has exercised the ordinary standard of care, it shall not be liable for spoilage resulting from delay in delivery of any perishables, nor for damage to, or damage caused by, fragile articles which are unsuitably packed and which are included in a passenger's checked baggage without carrier's knowledge. Carrier shall not be liable for the damage, or delay in delivery of a passenger's checked baggage and property accepted pursuant to the execution of a release; to the extent that such release relieves carrier of liability. This exclusion shall not apply to personal eyeglasses or contact lenses one camera per passenger, and reasonable quantities of personal toiletries.
- Carrier may refuse to accept any articles that do not constitute baggage as such term is defined herein, but if delivered to and received by carrier, such articles shall be deemed to be within the baggage valuation and limit of liability, and shall be subject to the published rates and charges of carrier.
- (a) liability of carrier for damages shall be limited to occurrences on its own line, except in the case of checked baggage as to which the passenger also has a right of action against the first or last carrier. (b) a carrier issuing a ticket or checking baggage for carriage over the lines of another carrier does so only as agent. (see note 1, paragraph (c)(2) above.)
- Carrier shall not be liable in any event for any consequential or special damage arising from carriage subject to this tariff, whether or not carrier had knowledge that such damages might be incurred.
- Any exclusion or limitation of liability of carrier under this tariff or the ticket shall apply to agents, servants, or representatives of the carrier acting within the scope of their employment and also to any person whose aircraft is used by the carrier and its agents, servants or representatives acting within the scope of their employment.
- Subject to limitations stated in this rule, carrier shall be liable for loss of damage to, or delay in delivery of a passenger's checked baggage and property, except that when carrier has exercised the ordinary standard of care:
- Carrier shall not be liable for damage to or damage caused by fragile articles, liquids and perishables which are unsuitably packed and are included in a passenger's checked baggage with or without carrier's knowledge, nor liable for delay in delivery of any perishable, and
- Carrier shall be liable for loss of, damage to, or delay in delivery of passenger's checked baggage and property accepted pursuant to the execution of a release only to the extent that such release does not relieve carrier of liability.
- The owner of a pet shall be responsible for compliance with all governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required. Carrier will not be liable for less or expense due to the passenger's failure to comply with this provision, and carrier will not be responsible if any pet is refused passage into or through any country, state or territory.
- Time limitations on claims and actions
- (a) (not applicable for carriage wholly between points in the U.S.A.) no action shall lie in the case of damage to baggage unless the person entitled to delivery complains to the carrier forthwith after the discovery of the damage, and, at the latest, within seven (7) days from the date of receipt; and in the case of delay, or loss, complaints must be made at the latest within 21 days from the date on which the baggage has been placed at his disposal (in the case of delay), or should have been placed at his disposal (in the case of loss). Every complaint must be made in writing and dispatched within the time aforesaid. Where carriage is not "international carriage" as defined in the convention, failure to give notice shall not be a bar to suit where claimant proves that: a) it was not reasonably possible for him to give such notice, or b) that notice was not given due to fraud on the part of carrier, or c) the management of carrier had knowledge of damage to passenger's baggage.
(b) (applicable for carriage wholly between points in the U.S.A.) no action shall be maintained for any loss of, or any damage to, or any delay in the delivery of, any property or baggage, or on any other claim (excepting only personal injury or death), arising out of or in connection with transportation of, or failure to transport any passenger or property or baggage unless notice of the claim is presented in writing to an office of the carrier within 30 days after the alleged occurrence of the events giving rise to the claim, and unless the action is commenced within 1 year after such alleged occurrence. Any written notification received by the carrier within 30 days which informs the carrier of the nature of the claim is sufficient to meet the requirements for timely notice. Failure to give the above notice shall not be a bar if the claimant can show good cause for his failure to bring his claim within 30 days.
- Any right to damages against carrier shall be extinguished unless an action is brought within one year reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
- Overriding Law
Insofar as any provision contained or referred to in the ticket or in this tariff may be contrary to a law, government regulation, order or requirement which severally cannot be waived by agreement of the parties, such provisions shall remain applicable and be considered as part of the contract of carriage to the extent only that such provision shall not affect any other part.
- Modification and Waiver
No agent, servant, or representative of carrier has authority to alter, modify, or waive any provisions of the contract of carriage of this tariff.
- Gratuitous Transportation
- Gratuitous transportation by carrier of persons as hereinafter described shall be governed by all the provisions of this rule, except subparagraph (2) below and by all other applicable rules of the tariff.
- Transportation of persons injured in aircraft accidents on the lines of carrier and physicians and nurses attending such persons.
- Transportation of persons, the object of which is that the providing relief in general epidemics, pestilence or other calamitous visitation.
- Transportation of persons, which is required by and authorized pursuant to part 223 of the economic regulations of the civil aeronautics board of the united states of America.
- Transportation of persons which is subject to the convention.
- Transportation of offices, employees and servants of carrier traveling in the course of their employments and in the furtherance of carrier's business.
- Except in respect of gratuitous transportation of persons described in paragraph (g)(1) above, carrier in furnishing gratuitous transportation shall not be liable (the provisions of rule 55(b) and (c) to the contrary notwithstanding) under any circumstances whether of its own negligence or that of its offices, agents, representatives or employees, or otherwise, and the person using such free transportation on behalf of himself, his heirs, legal representative, defendants and other parties in interest, and their representative, assignees, releases and agrees to indemnify carrier, its officers, agents, representative and employees from all liability (including cost and expenses), for any and all delay, and for failure to complete passage, and from any and all loss or damage to the property of such person. Note: rules stating any limitation on, or conditions relating to the liability of the carriers for personal injury or death are not permitted to be included in the tariffs filed pursuant to the law of the united states, except to the extent provided in rule 55(b)(1). Insofar as this rule states any such limitation or condition it is included herein; except to the extent provided in rule 55(b)(1), as than the united states and not as part of this tariff filed with the civil aeronautics board of the United States.
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