Article 16 - Time Limitation on Claims and Actions
16.1 Baggage claims
16.1.1 Acceptance of the Baggage without complaint made before leaving the transit area and without completion of the Property Irregularity Report (PIR), is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage
16.1.2 If your Checked Baggage does not arrive with the flight carrying you, you have to make an immediate report and complete the PIR upon your arrival, before leaving the transit area. Should you fail to meet this requirement, we will not be liable for the destruction, loss, delay of or damage to your Baggage.
16.1.3 If your Checked Baggage is damaged or pilfered, you have to make an immediate report and complete the PIR upon your arrival, before leaving the transit area. Should it be impossible to recognize the damage or pilferage upon arrival, you have to make a report at the airport within 7 days after your arrival.
16.1.4 If your Checked Baggage does not arrive with the flight carrying you, and you receive it damaged or pilfered, you have to make a report on damage or pilferage in writing within 21 days after the Baggage has been placed at your disposal. If we admit the loss of your Checked Baggage, or if your Checked Baggage has not arrived at the expiration of 21 days after the date on which it ought to have arrived, you are entitled to enforce your rights which arise from the Contract of Carriage.
16.1.5 Should any damage occur to your Baggage during the carriage by air by us, you shall arrange for your Baggage to be repaired, obtain and send us the receipts. Should your Baggage be damaged beyond repair you shall obtain a written confirmation from the repair shop, including indication of the brand, type and value of your Baggage.
16.1.6 Should any damage occur to your Unchecked Baggage, you shall make a report on board the aircraft. Should you fail to comply with this requirement we will not be liable for any damages to your Unchecked Baggage.
16.1.7 Every claim must be submitted in writing.
16.1.8 All claims shall be sent to us with the PIR and all the documents proving your loss attached - within 1 month after arrival at the Place of Destination.
16.1.9 If no claim is submitted within the times aforesaid, no action shall lie against us.
16.2.1 Complaints relating to the carriage by air (other than baggage claims) must be made in writing as soon as possible, after arrival of the flight in connection with which you would like to complain, but not later than within 2 months from discovering the circumstances giving rise to the complaint. You are liable for any loss or damage arising from the delay in making your complaint. Georgian Airways will assess the complaint according to the General Conditions of Carriage effective on the day of the Contract.
16.3 Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within a period of 2 years of the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.