14. LIMIT OF LIABLITY
- Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention or the Montreal Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination.
- Ethiopian will not be liable to the passenger for any damages resulting from its or the passenger's failure to comply with any laws, regulations, orders, or rules, nor will we be liable for damages resulting from our compliance with state regulations or your failure to fulfill your obligations.
- Pursuant to these Conventions, the Carrier would be liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
- Ethiopian Airlines shall not be held liable for passenger failures to have required travel documents in accordance with Article 15 and for issues relating to denied boarding due to insufficient travel documents and visas.
- Where the Warsaw Convention is applicable, the liability of the Carrier in case of death or bodily injury shall be limited to 8,300 SDR (approximately USD 10,000) per passenger (the limit will be raised to 16,600 SDR (approximately USD 20,000) per passenger where The Hague Protocol is also applicable).
- Notwithstanding the provisions of proceeding Article if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.
- International Carriage as defined in the Convention, is subject to the liability rules of the Convention. Where International Carriage is not subject to the liability rules of the Convention, our liability for any Damage with respect to the carriage of Passengers and Baggage, shall be as set forth in the Montreal Convention. Where the Warsaw and Montreal conventions applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures.
- The Carrier reserves all defenses available under the Warsaw Convention or the Montreal Convention or the applicable law, as the case may be, in order to limit its liability, or exonerate itself there from.
- For passengers on a journey to, from, or with an agreed stopping place in the United States of America, either the Warsaw Convention or the Montreal Convention may be applicable, but also special contracts of carriage embodied in applicable tariffs set by virtue of inter-carrier agreements provide that the liability of certain carrier parties to such special contracts, for death or personal injury to passengers is limited in most cases to proven damages not to exceed U.S.$75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the Carrier.
- The limit of liability of U.S.$75,000 above is inclusive of legal fees and costs except that in case of a claim brought in a state where provision is made for separate award of legal fees and costs, the limit shall be the sum of U.S.$58,000 exclusive of legal fees and costs.
- Additional protection can usually be obtained by purchasing insurance from a private Company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage. For further information, please consult your Airline or insurance Company Representative.
14.1. Liability limits for baggage
- Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid.
- Ethiopian would be 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 to the extent that the damage resulted from the inherent defect, quality or vice of the baggage.
- Where the Warsaw Convention is applicable, the liability limits of 17 SDR (approximately USD 20) per kilogram for checked baggage and 332 SDR (approximately USD 400) per passenger for unchecked baggage.
- Where the Montreal Convention is applicable, subject to satisfactory evidence, the limits of liability shall be within the limit of 1,131 SDR (approximately USD 1,750) per passenger for destruction, loss, damage or delay of all baggage.
- For unchecked Baggage allowed on board, Carrier shall only be held liable in the event of a proven fault by the Carrier, its servants or agents.
- For travel wholly between U.S. points, Federal rules require any limit on an airline’s baggage liability to be at least U.S. $2.800 per passenger. Excess valuation may not be declared on certain types of articles.
- Unless or otherwise stated herein, international travel as defined in the convention is subject to the liability limits of the applicable convention.
- You should be aware that the Carrier reserves all defenses available under the Warsaw Convention or the Montreal Convention or the applicable law, as the case may be, in order to limit its liability, or exonerate itself there from.
- Ethiopian shall not be liable for normal wear and tear such as scratches and dents.
14.2. Liability limits for Cargo
- Where the Warsaw Convention is applicable the limit of liability shall be for destroyed, lost, damaged or delayed cargo within the limits of 17 Special Drawing Rights( SDR) (approximately USD 27) per kilogram.
- Where the Montréal Convention is applicable, the limit of liability is only up to an amount of 19 Special Drawing Rights (SDR) (approximately USD 31) per kilogram.
- The limitation of the carrier’s liability in respect of total amount does not apply if the consignor has made, at the time when the package was handed over , a special declaration of interest in the delivery at destination and has paid the requested surcharge. In that case Ethiopian shall pay a compensation for destruction, loss, damage or delay up to the amount of the declared value unless it proves that the sum is higher than the consignor’s actual interest in delivery at destination.
- All compensation claims are subject to proof of value. Montréal Convention applies to all carriage to or from the Unites States.
- On-code share flights: If the air carrier actually performing the flight is not the same as the selling(marketing?) carrier, passenger shall address a complaint or make a claim for damage against Operating carrier.
- If the name or code (Code Share) of an air carrier is indicated on the ticket, that air carrier is the contracting carrier (i.e., the carrier shown on the ticket)
14.3 Limitation of action for damages
No action to enforce any other right to damages or compensation shall be brought after two years from the date that of your arrival at the place of destination or the date on which the aircraft was scheduled to arrive or the date on which the carriage was interrupted.