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Liability for Damage
The Airline’s liability will be determined by the applicable Law and this Conditions of Carriage. Where other Airlines are involved in the Passenger’s journey, their liability will be governed by the applicable Law.
The applicable Law may comprise the Warsaw Convention or the Montreal Convention and/or Laws which apply in individual countries.
The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning the Airline’s liability are set out in Clause 16.2 to 16.6.
The Airline will be liable only for damage occurring during carriage performed by the Airline, or in relation to which the Airline has a legal liability to the Passenger. Where the Airline issues a Ticket for carriage by another Airline, or the Airline checks-in the Passenger’s Baggage for carriage by another Airline, the Airline does so only as an agent for that Airline.
16.3.1
Wherever the Warsaw Convention or the Montreal Convention applies to the Passenger’s carriage, our liability will be subject to the rules and limitations of the applicable Convention.
16.3.2
The Airline will be wholly or partly exonerated from liability to the Passenger for damage if the Airline proves that the damage was caused or contributed to by the Passenger’s negligence or other wrongful acts or omissions.
16.3.3
The Airline will not be liable for any damage arising from its compliance with applicable local Law or government rules and regulations or from the Passenger’s failure to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.
16.3.5
Except where the Airline provides otherwise in this Conditions of Carriage, the Airline may be liable to the Passenger only for compensatory damages that the Passenger is entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or applicable local Laws which may apply.
16.3.6
The Passenger’s contract of carriage with the Airline (including this Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of its Authorised Agents, servants, employees and representatives to the same extent as they apply to the Airline.
16.3.7
Nothing in these Conditions of Carriage:
16.3.7.1
gives up or waives any exclusion or limitation of the Airline’s liability in terms of the Warsaw Convention, the Montreal Convention or applicable local Law, whichever may be applicable, unless otherwise expressly stated in writing by the Airline; or
16.3.7.2
prevents the Airline from excluding or limiting its liability under the Warsaw Convention, or the Montreal Convention, whichever may be applicable, or under any other Laws which may apply, or gives up any defence available to the Airline there under against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
Our liability for damage sustained by the Passenger, in the event of death, wounding, injury or other bodily injury caused by an accident is subject to the rules and limitations of applicable Law as the following supplementary rules
16.4.1
The Airline’s liability for proven damages will not be subject to any financial limits as defined by the Warsaw Convention or otherwise;
16.4.2
For any proven damages up to the national currency equivalent of one hundred thousand (100,000) SDRs. Any defence based on proof that the Airline and its agents have taken all necessary measures to avoid the damage, or that it was impossible for such measures to have been taken, will not apply to the Airline;
16.4.3
The Airline agrees to make advance payments to the Passenger or the Passenger’s heirs subject to the following terms and conditions:
16.4.3.1
the person receiving payment is a natural person;
16.4.3.2
the Passenger or the person receiving payment is entitled to compensation under the applicable Laws;
16.4.3.3
payments will be made only in respect of immediate economic needs which must be proven by the Passenger or their heirs;
16.4.3.4
the amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury, save that, in the case of death, it will not be less than the national currency equivalent of fifteen thousand (15,000) SDRs per Passenger;
16.4.3.5
payment will not be made later than fifteen (15) Days after the identity of the person entitled to compensation has been established under the applicable Laws;
16.4.3.6
no person will be entitled to receive a payment if he or she or the Passenger to whom the payment relates, caused or contributed to the damage to which the payment relates by his or her negligence;
16.4.3.7
payments will be off-set against any subsequent sums payable in respect of the Airline’s liability under the applicable Laws;
16.4.3.8
except for payment of the minimum sum specified in Clause 16.4.3.4 in respect of death, a payment will not exceed the maximum damages for which the Airline may be liable;
16.4.3.9
the making of a payment will not constitute recognition or admission of liability by the Airline in any way whatsoever;
16.4.3.10
no payment will be made unless the person receiving payment provides the Airline with a signed receipt which also acknowledges the applicability of Clause 16.4.3.7 and 16.4.3.8 and 16.4.3.9; and
16.4.3.11
save to the extent in conflict with any applicable Law, and subject to payment of the minimum sum specified; the Airline’s decision in relation to the payment amount will be final.
16.5.1
Where the Passenger’s journey involves an ultimate destination or Stopover in a country other than the country of origin, the Passenger is advised that the Warsaw Convention or the Montreal Convention may be applicable to the entire journey, including any section entirely within the country of origin or destination.
16.5.2
Where the Montreal Convention is applicable, the Airline is liable for proven damages for death or personal injury, and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the national currency equivalent of one hundred thousand (100,000) SDRs.
16.5.3
Where the Montreal Convention is not applicable, the conditions of carriage of many Airlines provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the national currency equivalent of one hundred thousand (100,000) SDRs, any defence to liability based on proof that they have taken all necessary measures will not apply.
Where no such provisions are included in the Airline’s conditions of carriage, please note that:
16.5.3.1
for such Passengers on a journey to, from or with an agreed Stopover in the United States of America (“USA”), the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain Airlines, parties to such special contracts, for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed seventy five thousand (75,000) United States Dollars per Passenger, and that this liability up to such limit will not depend on negligence on the part of the Airline; and
16.5.3.2
for such Passengers travelling by an Airline not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from or having an agreed stopping place in the USA, the liability of the Airline for death or personal injury to Passengers is limited in most cases to ten thousand (10,000) United States Dollars or twenty thousand (20,000) United States dollars; and
16.5.4
Additional protection can be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Airline’s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned above. For further information, please consult the Airline or the insurance company representatives.
16.5.5
Please note that the limit of liability of seventy five thousand (75,000) United States Dollars specified in this Clause 16.5.3.1 is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum of fifty eight thousand (58,000) United States Dollars exclusive of legal fees and costs.
16.5.6
The Passenger will have no right to compensation for any damage if an action is not brought within seven (7) days of the date of the Passengers arrival at the place of destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
OTP
Ranked as South Africa's Most Punctual Airline.
