As a part of the General Conditions of Carriage, “Liability Limitations” provides certain guidelines for our Passengers’ Carriage, subject to the rules and limitations relating to liability established by the Montreal Convention of 28 May 1999 – Convention for the Unification of Certain Rules for International Carriage by Air. If transportation on your journey is also performed by other Carriers, liability will be determined according to their own Conditions of Carriage.
Our liability provisions are as follows:
For the damage proven by CARPATAIR to have been caused or contributed to by the negligence or other wrongful act or omission of the claimant, CARPATAIR will totally or partly be exonerated from its liability.
When, by reason of death or injury of a Passenger, compensation is claimed by another person than the Passenger, the above-mentioned provisions will likewise apply.
We will not be liable for any damage arising directly or indirectly from our compliance with the applicable laws or government rules and regulations or from your failure to comply with the same, or which arises from circumstances that are not in our responsibility.
We will only be liable for damage occurring during Carriage on Flights or Flight Segments where our Airline Code appears in the „Flight/Carrier” box of the Ticket.
If we issue a Ticket or if we check Baggage for Carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may also make a claim for damages against the first or the last Carrier.
We are not liable for damage to Unchecked Baggage, unless such damage is caused by our gross negligence, as proven by Passenger.
We are only liable for recoverable compensatory damages for proven losses and costs. We are not liable for indirect damages or consequential damage, or for damage recovery of a penal nature. This exclusion of liability is only applicable to consumers where we have not caused the damage deliberately or through gross negligence and the interests of the consumers affected by this damage were not known to us at the time of the conclusion of the contract.
Exclusions or limits of our liability apply also to our Authorized Agents, employees, representatives, as well as to every person whose aircraft we operate, including their Authorized Agents, employees and representatives. The total amount recoverable from us and from the named persons shall not exceed the amount of our own liability limits.
If the value of the Passenger’s Baggage exceeds the applicable limit of liability, the Passenger should fully insure it before he/she travels. Unless otherwise formally stated, nothing contained herein shall waive any exclusion or limitation of liability of CARPATAIR under the Convention or applicable laws.
LIABILITY IN CASE OF PASSENGER’S DEATH OR INJURY
LIABILITY IN CASE OF BAGGAGE DAMAGE
The Montreal Convention regarding liability limitations stipulates that CARPATAIR is liable for destruction, loss or damage to Checked or Unchecked Baggage up to 1,131 SDR.
The limitations of our liability in case of destruction, loss or damage to Checked or Unchecked Baggage will not apply if proven that the damage was caused by an act or omission of CARPATAIR done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of an employee or agent, it is proved that such employee or agent was acting within the scope of their employment.
We are not liable for any damage caused by items in your Baggage. If these items cause injury to another Passenger, damage to Baggage of another Passenger or to our property, you shall be responsible for repayment of all damages and costs to us as a result.
CARPATAIR will not be liable for damage or loss of valuable, fragile or perishable objects, money, jewels, precious metals, business or commercial documents, passports and other identification documents that have been placed in the Passenger’s Checked Baggage contrary to the provisions of these General Conditions of Carriage.
LIABILITY IN CASE OF DELAY
In case of Passenger delay, we are liable for damage unless we took all the reasonable measures to avoid the damage or it was impossible to take such measures.