Article 15 - Liability for Damage
The liability of Georgian Airways and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
15.2 Applicable Rules
The Convention (Warsaw Convention or that Convention as amended at the Hague) are the applicable laws relating to Georgian Airways damage liability.
15.3 General Regulations
15.3.1 Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
15.3.2 We will only be liable for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box "Flight/Carrier" of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another Carrier, we do so only as an agent for such other Carrier. Nevertheless, with respect to Checked Baggage, the passenger may make a claim for damages against the first or last Carrier.
15.3.3 We are not liable for any Damage arising directly or indirectly from our compliance with applicable laws, Government rules and regulations or from your failure to comply with the same.
15.3.4 Our liability shall not exceed the amount of proven damages under any circumstances. We are not only liable for indirect or consequential damages ; the provisions of the Convention shall continue to be applicable without change.
15.3.5 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
15.3.6 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability if any.
15.3.7 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws.
15.4 Liability for Personal Damage
15.4.1 We are liable for death, wounding or bodily injury of a passenger only in case, that the event that caused death, wounding or bodily injury of the passenger occurred onboard or during any operations related to embarkation or disembarkation.
15.4.2 Our liability with respect to a passenger for death, wounding or bodily injury shall be limited to the sum of:
US $ 10.000 or US $ 20.000 (or equivalent amount in other currency);
US $ 75.000 (including legal costs);
US $ 58.000 (excluding legal costs) - for carriage, where point of departure, arrival or agreed stopover, or any of these is located on the territory of the United States of America.
15.4.3 We reserve the right for legal defense from any claim I compliance with the Convention. We reserve the right of recourse against any third party, including the right for compensation for damages.
15.4.4 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.5 Liability for Damages to Baggage
15.5.1 We are liable for damage sustained in case of destruction and 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 Georgian Airways.
15.5.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence. If there has been contributory negligence on the part of the passenger, Carrier's liability shall be subject to the applicable law relating to contributory negligence.
15.5.3 We are not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.
15.5.4 We are not liable for damage occasioned by delay if we, our servants or agents took all measures that could reasonably be required to avoid the damage or if it was impossible for us or them to take such measures.
15.5.5 We are not liable for damage to, loss, destruction and delay of any items excluded from carriage and of any Baggage accepted for carriage with a Limited Release Tag, and of items of conditional carriage the carriage of which was not reported to us upon reservation or was not accepted by for carriage us.
15.5.6 We exclude liability for minor damage to the exterior of your Baggage (such as scratches, soils, staining, dents, etc) that may result from normal wear and tear.
15.5.7 We are not liable for any damage of a passenger's baggage caused by property contained in your Baggage. You shall be responsible for any such damage caused to other persons or to other persons' (including our) property.
15.5.8 Under the Warsaw Convention our liability for Checked Baggage is limited to 17 SDRs (US equivalent approximately $20) per kilogram. The maximum liability will be determined by the weight of your Checked Baggage. Should the weight exceed the free baggage allowance, you will be entitled to compensation above 20 kilograms only if you paid the excess baggage charge. If we have no information of the weight of your Baggage, we presume that it did not exceed the free baggage allowance. In case of pilferage, indemnity will be calculated according to the missing weight of your Baggage. If we have no information of the missing weight, we will calculate it on the basis of the missing items, using the IATA Weight Chart.
15.5.9 Our maximum liability for Unchecked Baggage is 332 SDR (US equivalent approximately $400). We will not be liable for damage to Unchecked Baggage unless such damage is caused by our fault .
15.5.10 We are not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples which are included in your Checked Baggage.