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article 17) carrier’s liability for damage to baggage
1. According to applicable regulations, the Carrier is liable for damage sustained in case of destruction
or loss of, or damage to, checked baggage upon condition only that the event which caused the
destruction, loss or damage took place on board the aircraft or during any period within which the
checked baggage was in the charge of the Carrier. However, the Carrier is not liable if and to the
extent that the damage resulted from the inherent defect, quality or vice of the baggage.
2. If the Carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the
expiration of 21 (twenty-one) days after the date on which it should have arrived, the passenger is
entitled to enforce against the Carrier the rights deriving from the contract of carriage.
3. In case of unchecked baggage, the Carrier is liable if the damage derives from its fault or that of its
employees or agents.
4. In the carriage of both checked and unchecked baggage, the liability of the Carrier in case of
destruction, loss, or damage is limited to 1,000 SDR (approx. € 1,500) per passenger.
Notwithstanding the above, the passenger has the right, when the checked baggage is handed over to
the Carrier, to make a special declaration of interest in delivery at destination, paying a
supplementary sum if so required. In that case the Carrier will be liable to pay a sum not exceeding
the declared sum, unless it proves that the sum is greater than the passenger's actual interest in
delivery at destination.
5. Provisions regarding the limits of Carrier’s liability in case of destruction, loss or damage of both
checked and hand baggage will not apply if it is proved that the damage resulted from an act or
omission of the Carrier, its employees or agents, 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 also proved that such employee or agent was acting within the scope of
his/her employment.
6. The Carrier is not liable for personal injury and damage to the passenger’s baggage caused by the
contents of such baggage. The passenger whose baggage has caused injury to another passenger or
damage to another passenger’s baggage or to Carrier’s property will have to compensate the Carrier
for all such damage and the expenses deriving there from.
7. The Carrier is not liable for damage to checked baggage if such baggage consists of goods or objects
that do not come under the definition of checked baggage contained in these G.C.C. In particular, the
Carrier will not be liable for damage to or the loss of valuable, fragile, or perishable objects, cash,
jewels, silverware and precious metals in general, negotiable securities, credit instruments, stock and
bond certificates or other securities, business, or commercial documents, sample collections,
passports and other personal identification documents, that have been placed in the passenger’s
checked baggage contrary to the provisions of Art. 9 of these G.C.C.
8. If the weight of checked baggage is not recorded on the baggage check, it is assumed that the total
weight of checked baggage does not exceed the weight allowance for the service class in question.

 

 
 
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