ARTICLE 16: LIABILITY FOR DAMAGE
1. General
Carriage under these Conditions of Carriage is subject to the rules and limitations relating to liability established by the Convention, to the extent that the rules and limitations established by the Convention shall not apply if the carriage is domestic carriage.
Furthermore, Carrier's liability in case of an accident occurred during international carriage is subject to the provisions of the European Union Council Regulation (EEC) No.2027/1997.
Domestic carriage is subject to these Conditions of Carriage and to applicable rules and regulations in force in the State of Romania as well as to Romanian laws.
To the extent that the foregoing is not in conflict with the contents of these Conditions of Carriage and whether or not the Convention applies:
a) Carrier is not liable for any damages arising out from Carrier's compliance with any applicable laws, regulations, orders, demands or requirements imposed by any governmental body.
b) Carrier is not liable for any damages arising out from passenger(s) non-compliance with any applicable laws, regulations, orders, demands or requirements imposed by any governmental body.
c) Liability of Carrier is limited only for damages occurred during carriage on flights or flight segments where Carrier's designator code appears in the carrier box of the ticket issued for that flight or flight segment.
A Carrier issuing a ticket or checking baggage for the flights of another carrier does so only as agent for such another carrier. With respect to checked baggage, the passenger has the right of action against the issuing carrier or any other carrier who performed the carriage during which the damage occurred.
Carrier is not liable for damage to unchecked baggage, unless such damage is caused by the Carrier's gross negligence, as proven by passenger.
d) Liability of Carrier is limited only to the amount of proven compensatory damages. In no event the Carrier is liable for indirect,incidental or consequential damages.
e) Liability of Carrier for any damages will be reduced by any negligence on part of passenger which causes or contributes to such damage in accordance with applicable laws. Nothing contained herein shall affect the rights of Carrier in respect of claims made by, or on behalf of, or in respect of a person whose willful misconduct caused damages to a passenger or his baggage.
f) Any exclusion or limitation of liability of Carrier under these Conditions of Carriage or applicable laws shall apply also to the agents, servants, employees and representatives of the Carrier, as well to any person whose aircraft is used by the Carrier and to agents, servants, employees and representatives of such person. The aggregate amount recoverable from Carrier, its agents, servants, employees, representatives and persons mentioned in this paragraph shall not exceed the amount of Carrier's limit of liability.
g) Unless otherwise expressly stated, nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
h) Notwithstanding the provisions of these Conditions of Carriage, if the carriage hereunder is performed by auto vehicles on public roads on Romanian territory, the Carrier's liability for passenger's death or injury is limited in any case to maximum USD 20,000 per passenger and USD 400 per passenger for baggage.
2. Liability for personal injury and death
2.1. The following provisions apply to international carriage only:
a) In the event of an accident occurred during international carriage , Carrier's limitation of liability as of Article 22(1) of the Convention, will not be invoked in case of death or personal injury of passengers within the meaning of Article 17 of the Convention.
Carrier shall not be liable for any such damage sustained if:
- the death, wounding or any other bodily injury resulted from the state of health, physical or mental, of the passenger (such as, but not limited to pregnant women, persons with visible or declared physical or mental handicap, persons complaining for an inadequate state of health or for worsening the state of health at the embarking time, etc.);
- the damage has been caused or contributed to by the negligence or other wrongful act or omission of the passenger;
- Carrier has taken all necessary measure, to avoid the damage or it was impossible for Carrier to take such measures, under Article 20 of the Convention.
b) With respect to any claim arising out of death or personal injury within the meaning of Article 17 of the Convention, Carrier shall not avoid itself of any defense under Article 20 of the Convention with respect to such portion of a claim which does not exceed SDR 100,000 (One Hundred Thousand) per passenger.
c) In case of death or personal injury suffered by a passenger in the event of an accident during the performance of international carriage, which carriage includes, namely the period while on board the aircraft and any of the operations of embarking or disembarking as defined in the Convention, the Carrier will, within fifteen days after the identity of the natural person entitled to compensation has been established, make advance payments to the person entitled to compensation, if so desired by the person, in order to meet immediate economic needs, in proportion of the hardship suffered. In the event of death, such advance payment shall be in amount of SDR 15,000 (Fifteen Thousand) per passenger.
Any advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Carrier's air carrier liability.
However, the advance payment must be returned to Carrier should it be subsequent proved that the deceased or injured passenger caused or contributed by negligence or other wrongful act or omission to their own death or injury , that the person(s) receiving the advance payment caused or contributed by negligence or other wrongful act or omission to such death or injury , or that the person(s) receiving the advance payment was not the person(s) entitled to such compensation.
2.2. The following provisions apply to domestic carriage only:
In the event of an accident during domestic carriage, Carrier's liability for death or personal injury is limited in any and all cases to approximately USD 10,000 (Ten Thousand) or USD 20,000 (Twenty Thousand).
2.3. The following provisions apply to both international and domestic carriage, in addition and in completion of provisions of article 3.1. and article 3.2. above:
a) Except as otherwise provided hereof, Carrier reserves all defenses available under the Convention or under other applicable laws or regulations to any such claim. Carrier reserves all rights of recourse/regress against any third party , including but not limited to rights of contribution and indemnity.
b) The Carrier shall compensate the passenger for recoverable compensatory damages only and for the portion in excess of any payment received from any public social insurance or similar bodies.
c) Carrier is not liable for any illness , injury or disability , including death , or for the aggravation of condition of passengers whose age , mental or physical condition is such as to involve any hazard or risk to themselves during the Carriage.
3. Liability for baggage
a) Carrier is not liable for any damages to articles not permitted in checked baggage as well as for fragile or perishable articles, items having a special value such as money, jewelers, silverware, precious metals, negotiable papers, securities or other valuables, keys, business documents, passports and other identification documents or samples which are included in the passenger's checked baggage, whether with or without the knowledge of Carrier.
b) Except in case of an act or omission of Carrier done with intent to cause damage or recklessly and with knowledge, that damage would probably result, Carrier's liability for damages to checked baggage is limited to the sum of USD 20 (twenty) per kilogram, unless a higher value is declared in advance by the passenger and all additional charges required are paid pursuant to Carrier's tariffs.
In that event, the liability of Carrier for damages to checked baggage will be limited to such declared value.
c) Carrier is not liable for any damages to passenger or to passenger's baggage caused by property contained in such baggage. Any passenger whose property causes damage to another passenger or his baggage or to any property of Carrier or to any property operated by Carrier shall indemnify Carrier for all losses and expenses of any nature incurred by Carrier as result thereof, according to Romanian law.
d) In the event of delivery to passenger of a part but not all of checked baggage or in case of damages to a part but not all of his checked baggage, Carrier's liability will be reduced proportionally on basis of baggage weight, regardless the value of such part of checked baggage. In the event that weight of the passenger baggage is not recorded on the baggage check, then the weight of such checked baggage will be automatically presumed that it does not exceed the applicable free baggage allowance corresponding to the class of carriage concerned.
e) Carrier is not liable for any damages to unchecked baggage unless the passenger proves that damages have been caused by Carrier's gross negligence. If such gross negligence is proven, liability of Carrier for unchecked baggage is limited to the sum of USD 200 (Two Hundred) per passenger in case of international carriage. For carriage performed wholly within U.S. points, Federal rules require any limit on carrier's baggage liability to be at least USD 1250 (One Thousand Two Hundred Fifty) per passenger.
4. Liability as a result of failure to provide carriage
In other events than force major or as referred to in Article 8 of these Conditions of Carriage, the liability of Carrier for damages resulting from its failure to provide carriage, attributable to causes for which it is responsible, is limited to reimbursement of reasonable expenses of the passenger for accommodation, meals, communication and ground transportation to and from the airport up to the time when Carrier is able to provide transportation either on its own services or on the services of another carrier.
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