Article 15 – Liability for damage
15.1 GENERAL PROVISIONS
15.1.1 Our own liability and the liability of each Carrier involved in your journey will be determined by the Convention, applicable laws and by our Conditions of Carriage or by the Conditions of Carriage of the Carrier concerned.
15.1.2 Unless otherwise stated herein, the liability rules of the Convention shall apply.
15.1.3 If your carriage is not subject to the liability rules of the Convention, the provisions of Swiss law shall apply; in addition, the following provisions shall apply.
15.1.4 Any liability we have for Damage will be reduced or will be excluded by any negligence on your part which causes or contributes to the Damage or if it is caused or contributed to by third parties.
15.1.5 We will be liable only for Damage occurring during carriage on flights or flight segments where our Designator Code appears in the Ticket for the flight or flight segment concerned. If we issue a Ticket or accept Baggage for carriage by another Carrier, we do so only as agents for the other Carrier. In the case of Checked Baggage, however, you are entitled to make a claim against the first or the last Carrier.
15.1.6 If you have concluded the contract of carriage with another Carrier and we carry you or if you concluded the contract of carriage with us and you are carried by another Carrier (code share) and if Damage occurred during such carriage, you may notify such Damage to and claim damages either from us or the other carrier.
15.1.7 We will not be liable for damages arising from the compliance with legal or official provisions, or for damages arising from your non-compliance with the same.
15.1.8 Unless specified otherwise in these Conditions, we shall only bear liability to you for proven Damage in accordance with the Montreal Convention.
15.1.9 We are not liable for any illness, injury, disability or death attributable to your existing physical condition or any deterioration in the same.
15.1.10 The contract of carriage, including these Conditions of Carriage and restrictions on liability, also applies to our Authorised Agents, our employees and our other assistants and representatives. The total amount recoverable from us and from such Authorised Agents, employees, assistants and representatives shall not exceed the amount of any liability of our own.
15.1.11 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or under applicable laws unless otherwise expressly stated in these Conditions.
15.2 DAMAGE TO BAGGAGE AND DELAY OF BAGGAGE
15.2.1 In the event of destruction, loss or damage of Baggage, our liability is up to 1131 SDR per Passenger. In the case of Checked Baggage, we are liable even if not at fault unless the Baggage was already previously damaged. In the case of Unchecked Baggage, we are only liable if we are at fault.
15.2.2 A Passenger can benefit from a higher liability limit by way of making a special declaration at the latest at check-in and, if the case so requires, by paying a supplementary fee.
15.2.3 We are liable for Damage resulting from delays in the routing of Checked-in Baggage, unless we took all reasonable measures to prevent Damage or if it was impossible to take such measures. Liability in the event of Damage related to a Baggage delay is limited to 1131 SDR per passenger.
15.2.4 In the event that the weight of a Baggage item was not recorded when it was checked in, we will assume that the total weight of the Checked Baggage did not exceed the free Baggage allowance for the class of travel concerned. If you declared in writing when checking in the item that it is of a higher value and paid the required supplementary fee, we will be liable for any Damage to this item up to the higher amount declared.
15.2.5 You are liable for Damages caused by your Baggage if they are due to your negligence. This holds true for any Damage caused by your Baggage to other persons, to the property of third parties or to our own property.
15.2.6 We are not liable for any Damage to items which cannot be accepted as Checked Baggage in accordance with Article 8.3 of these Conditions of Carriage, including fragile or perishable goods or particularly valuable items such as money, keys, medication, jewellery, precious metals, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports, other identification papers or samples.
15.3 PERSONAL DAMAGE OR INJURY
Should we be liable for your death, injury or other bodily harm, the provisions of the Convention and of Regulation (EC) No. 2027/97 as amended by Regulation (EC) No. 889/2002 as well as the following provisions are applicable.
15.3.1 We shall not invoke any limitation of liability for recoverable compensatory damages arising under Article 17 of the Convention.
15.3.2 For any proven claims up to 113100 SDR we shall not raise any objection that we or another Carrier were not at fault causing the Damage.
15.3.3 Unless otherwise provided in 15.3.1 and 15.3.2 above, we reserve all defences to such claims available under the Convention and the applicable national law. With respect to third parties, we also reserve all rights of recourse against any other person, including without limitation, rights of indemnity and contribution.
15.3.4 We will compensate you or your next-of-kin for the Damage actually suffered, inasmuch as such Damage is not covered by insurance policies or similar institutions which can themselves make a claim of recovery against us. In addition, we will compensate you for moral damages pursuant to the applicable law.
15.3.5 Should you suffer an accident on board one of our aircraft and be killed, be wounded or suffer other bodily harm, or should such an event occur on board a flight for which we are shown as the Carrier in the document of carriage, we will make, within 15 days of determining who is entitled to compensatory damages, an advance payment to meet immediate financial needs.
The amount of advance to be paid will be determined by the degree of damage or injury suffered. In the event of death, it will amount to 16000 SDR per passenger.
15.3.6 The payment of such an advance shall not constitute any acceptance of liability on our part. We may also deduct such payments from any subsequent amounts which we are required to pay as a result of any liability on our part. This advance payment will have to be repaid if it is subsequently proven that you caused or contributed to your own death or injury through your own behaviour, especially through negligence on your part, or if your death or injury was caused or contributed to by an existing sickness or impairment. The same shall apply if the person receiving the advance payment caused or contributed to the death or injury through negligence, or has no entitlement to compensatory damages.
15.4 LIABILITY IN THE CASE OF DELAY
Should you suffer a delay on our flight, our liability will be limited to 4694 SDR per Passenger in accordance with the Convention. We are not liable if we took all measures that could reasonably be required to avoid the Damage or if we furnish evidence that it was impossible for us to take such measures. Please note that Article 9 and Article 16 of these Conditions may also apply in cases of delay.
15.5 LIABILITY IN THE CASE OF CODE SHARE FLIGHTS
In the case of flights operated by us as code share services in association with another Carrier, we will be liable to those passengers who concluded a contract of carriage with us and on whose Tickets we are shown as the Carrier by our Designator Code. We shall only be liable for damages towards passengers of our code share partner if we are the operator of the flight on which the Damage occurs (see also Article 15.1.6 of these Conditions).