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運輸條件

15.1 Our liability and that of each Carrier involved in your journey will be determined by each Carrier’s respective Conditions of Carriage. The provisions on liability applicable to us are as follows:

15.1.1 Unless otherwise stated herein, our liability in the case of international travel, as defined in the Convention, shall be in accordance with the principles of practice on liability (liability rules) provided in the Convention.

15.1.2 當您的航班不受公約賠償責任規定制約時,下列規定應適用:

15.1.2(a) Any liability we have for Damage will be reduced by any negligence, on your part, which resulted in or caused the Damage in accordance with applicable law;

15.1.2(b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the Carrier box of the Ticket for that specific flight or flight segment. 如我們為其他承運者的運載發出機票或辦理託運行李,僅作為該承運者的代理人作出上述行為。Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last Carrier of your journey;

15.1.2(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence;

15.1.2(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same;

15.1.2(e) Where the Warsaw Convention applies to your journey, our liability for Damage shall be limited to US $20 per kilogram, and US $400 per Passenger. Where the Montreal Convention applies to your journey, our liability for Damage shall be limited to SDR 1,131 for Checked and Unchecked Baggage, subject to the applicable laws which prescribe different limits on liability. In this regard, SDR is a Special Drawing Right as defined by the International Monetary Fund (IMF). The value of SDR 1 is approximately US $0.721641, but this rate of conversion may fluctuate. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Checked Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If the Checked Baggage has a higher value than that which is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value. The foregoing shall not apply if the Damage was caused by an act or omission, or act of negligence.

15.1.2(f) Except as otherwise specified in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.

15.1.2(g) 我們不對因您行李所造成的任何損害承擔責任。您的行李對他人、財產(包括我們的財產)所造成的損害,您應承擔責任。

15.1.2(h) We shall bear no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, bills of exchange, securities, medication or medical equipment, or other valuables, business documents, passports and other identification documents.

15.1.2(i) 我們對下列超出公司控制範圍的輕微損壞和行李事故概不負責,例如:

  • Minor torn, scratches, dents, dirt and stain
  • 遺失外部鎖、鑰匙鎖、掛鎖、行李帶
  • 遺失配件:吊牌、鑰匙扣、保護殼
  • Rubber or plastic wheel covers deterioration

15.1.2(j) 我們對因您的身體狀況引起或加重的任何疾病、受傷或致殘,包括死亡,概不承擔責任。

15.1.2(k) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorized Agents, service providers, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

15.1.2(l) 除非有明確規定,這些運輸條件不應使我們放棄適用根據公約或適用法律的任何免除或限制我們責任的規定。

15.2 《華沙公約》

除非另有規定,屬於公約界定的國際運載,應適用公約的責任規則。

15.3 乘客死亡或受傷

15.3.1 Our liability for Damage sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.

15.3.2 Any Damage up to the sum of the equivalent of SDR 113,100 shall be excluded from our scope of liability.

15.3.3 Notwithstanding the provisions of Article 15.3.2, if we prove that the Damage was caused by, or contributed to by, the negligence, unlawful act or omission of the injured or deceased Passenger, we may be held free from responsibility for such Damage, whether in whole or in part, proportionate to Damage so caused or contributed to by such negligence, unlawful act or omission accordingly.

15.3.4 We shall, within fifteen (15) Days after the identity of the natural person entitled to compensation or indemnification has been established, make the advance payments as may be required to meet the immediate economic needs on a basis proportionate to the hardship suffered.

15.3.5 Without prejudice to Article 15.3.5, an advance payment shall not be less than the equivalent of SDR 16,000 per Passenger in the event of death.

15.3.6 An advance payment shall not constitute the recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 15.3.4 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the Damage by negligence or was not the person entitled to compensation.

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