| (A) |
Applicable Laws |
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(1) |
Carriage performed by ANA shall be subject to the rules and limitations
relating to liability established by the Convention as applicable to the Carriage
unless such Carriage is International Carriage to which the Convention does not
apply. |
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(2) |
To the extent not in conflict with the provisions of the preceding
sub-paragraph (1), any Carriage and other services to be performed or provided
by ANA shall be subject to: |
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ANA had knowledge of the damage to the Passenger's Baggage. |
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| (a) |
Applicable Laws; and |
| (b) |
these Conditions of Carriage and ANA's Regulations, which may be inspected
at any of ANA's business offices and its offices in any airport from which it
operates regular services. |
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(3) |
The full name of a Carrier and its abbreviation
shall be as set forth in the Carrier's regulations and such name may be expressed
in an abbreviated form on a Ticket. For the purpose of application of the Convention,
a Carrier's address shall be the airport of departure indicated in the line of
the Ticket on which the abbreviation of the Carrier's name first appears and the
Agreed Stopping Places (which may be altered by the Carrier in case of necessity)
shall be those places as defined in Article 1.
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| (B) |
Limitation of Liability |
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Except as otherwise provided by the Convention or
Applicable Laws, ANA's liability for death of, or wounding or other bodily injury
to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any
loss of or damage to any Baggage of a Passenger (hereinafter collectively referred
to as "Damage") arising out of or in connection with Carriage or other
services incidental thereto performed or provided by ANA shall be as described
hereinafter. If there has been contributory negligence on the part of the Passenger,
ANA's liability shall be subject to the applicable law relating to contributory
negligence. |
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(1) |
ANA shall not be liable for any Damage in respect
of Unchecked Baggage not attributable to negligence of ANA. Assistance rendered
to a Passenger by a representative, officer, employee or agent of ANA in loading,
unloading or transshipping Unchecked Baggage shall be considered as gratuitous
service to the Passenger. |
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(2) |
ANA shall not be liable for any Damage directly
or indirectly arising out of its compliance with any Applicable Laws, failure
of a Passenger to comply with the same or any cause beyond ANA's control. |
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(3) |
Where the Convention other than the Montreal Convention
applies; |
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(a) ANA agrees in accordance with Article 22 (1) of the Convention
that, as to all International Carriage performed by ANA and as defined in the
Convention:
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(i) ANA shall not apply the applicable limit of liability based on Article
22 (1) of the Convention in defense of any claim arising out of death of or, wounding
or other bodily injury to, a Passenger within the meaning of Article 17 of the
Convention. Except as provided in (ii) below, ANA will not waive any defense to
such claim which is available under Article 20 (1) of the Convention or any other
Applicable Laws. |
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(ii) ANA will not, with respect to any claim arising out of death of, or wounding
or other bodily injury to, a Passenger within the meaning of Article 17 of the
Convention, avail itself of any defense under Article 20 (1) of the Convention
up to the sum of 100,000 SDR exclusive of the costs of the claim including attorney's
fees which the court finds reasonable. |
(b) Nothing herein shall be deemed to affect the right of ANA with regard to any
claim brought by, on behalf of, or in respect of any person who has willfully
caused Damage which resulted in death of, or wounding or other bodily injury to,
a Passenger. |
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(4) |
(a) In the case of Carriage subject to the Montreal
Convention, ANA's liability for Baggage shall be limited to 1,000 SDR for each
Passenger.
(b) Except as provided in the provisions of (a) above, ANA's liability shall be
limited to 17 SDR (250 French Gold Francs) per kilogram in the case of Checked
Baggage and 332 SDR (5,000 French Gold Francs) for each Passenger in the case
of Unchecked Baggage.
(c) The limitation referred in (a) and (b) above does not apply if the Passenger
shall have declared a higher value in advance and paid additional charges pursuant
to paragraph (H) of Article 10. In that event, ANA's liability shall be limited
to such higher declared value. In no case shall ANA's liability exceed the actual
amount of Damage suffered by the Passenger. All claims shall be subject to proof
by the Passenger of the amount of Damage. |
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(5) |
In the case of Carriage of Checked Baggage from or
to a point or points in the United States of America, Canada or any other country
provided in ANA's Regulations, ANA's liability shall also be subject to the preceding
sub-paragraph (4). In the case of such Carriage, the weight of each item of Checked
Baggage shall be deemed not to exceed 32 kilograms (70 pounds) and, in case the
sub-paragraph (4) (b) applies, ANA's liability shall, accordingly, be limited
to 544 SDR (8,000 French Gold Francs), except in case ANA accepts Carriage of
Checked Baggage with respect to which ANA enters into an agreement in advance
concerning an item weighing above 32 kilograms (70 pounds) in accordance with
sub-paragraph (6) of paragraph (C) of Article 10. |
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(6) |
In case the subparagraph (4) (b) applies, in the
event of delivery to a Passenger of a part but not all of his/her Checked Baggage
or in the event of Damage with respect to a part but not all of such Baggage,
ANA's liability with respect to the undelivered or the Damage portion shall be
reduced proportionately on the basis of the weight of the Baggage, notwithstanding
the value of any part of the Baggage or the contents thereof. |
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(7) |
ANA shall not be liable for any Damage with respect
to a Passenger's Baggage caused by the contents thereof. A Passenger whose property
causes Damage to another Passenger's Baggage or the property of ANA shall indemnify
ANA for all loss and expenses incurred by ANA as a result thereof. |
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(8) |
ANA shall not be liable for any Damage to fragile
or perishable items, money, jewelry, precious metals, negotiable papers, securities
or other valuables, business documents, passports and other documents necessary
for travel or samples which are included in a Passenger's Checked Baggage, irrespective
of ANA's knowledge thereof. |
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(9) |
ANA may refuse to accept any article which shall
not constitute Baggage under these Conditions of Carriage; provided that, if the
article is delivered to and received by ANA, it shall be subject to the Baggage
valuation and limitation of liability set forth in these Conditions of Carriage
and shall be subject to the rates and charges published by ANA. |
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(10) |
ANA will issue a Ticket or accepts Checked Baggage
for Carriage performed by any other Carrier only as an agent of such Carrier.
ANA shall not be liable for any Damage which shall have occurred outside a sector
the Carriage for which shall have been performed by ANA. ANA shall neither be
liable for any Damage which shall have occurred to Checked Baggage outside a sector
the Carriage for which shall have been performed by ANA, except where the Passenger
shall be entitled by the Convention to claim such Damage against ANA in case ANA
is the first or the last Carrier under the relevant contract of Carriage. |
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(11) |
ANA shall not be liable in any event for any consequential
or special damage or punitive damages arising from Carriage complying with these
Conditions of Carriage and ANA's Regulations, whether or not ANA had knowledge
that such damage might arise. |
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(12) |
Unless otherwise provided in these Conditions of
Carriage, ANA reserves any and all right of defense available under the Convention.
ANA also reserves a right to make a subrogation claim against a third party which
shall have contributed to Damage, with respect to a portion or all of any payment
made by ANA in connection with the Damage. |
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(13) |
Any exclusion or limitation of liability of ANA
under these Conditions of Carriage and ANA's Regulations shall also apply to any
of ANA's representatives, officers, employees or agents performing their respective
duties and to any person or entity whose aircraft is used by ANA for Carriage
and any of its representatives, officers, employees or agents performing their
respective duties. The aggregate amount of the damages payable by ANA or its representatives,
officers, employees or agents shall not exceed the amount of ANA's limitation
of liability under these Conditions of Carriage.
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