(a) properly and securely packed, closed and locked; and
(b) robust enough to survive the usual conditions of a flight (including loading and unloading) without opening or becoming damaged.
Unless inconsistent with the Warsaw Convention or the Montreal Convention (where applicable), we will have no liability for Damage to an item contained in unlocked or unsecured Baggage. We will also not be liable for cosmetic and/or superficial damage caused to Baggage during the normal rigors of air travel.
If you put any of these items in your Baggage, we may refuse to carry you or your Baggage.
19.6 Fragile, valuable or perishable items
You must not put in your Checked Baggage:
(a) fragile or perishable items;
(b) valuable items (such as money, jewellery, precious metals, computers, personal electronic devices) or valuable documents;
(c) medication or medical equipment you may need in-flight, during your trip or which cannot be quickly replaced if lost or damaged;
(d) house or car keys.
If you put any of these items in your Checked Baggage and it is then lost or damaged, we will rely on the limits and exclusions of liability and all other protections available to us under Regulation 2027/97, the Warsaw Convention or the Montreal Convention.
(a) For safety and security reasons we may ask to search and scan you, and search, scan or x-ray your Baggage and you must cooperate with this. If you are not available, your Baggage may be searched without you to see if you are carrying any prohibited items or any specialist items that we have not agreed in advance to carry.
(b) If a search or scan causes Damage to you, or an x-ray or scan causes Damage to your Baggage, we will only be liable if it was caused by our negligence.
(c) Security authorities in some countries require that Checked Baggage is secured in a way that can be opened without causing damage. You must check whether any such requirements apply to your journey.
19.9 Checked Baggage
(a) We will give you a Baggage Identification Tag for each piece of your Checked Baggage when you check-in.
(b)Checked Baggage will be carried on the same aircraft as you unless, for safety, security or operational reasons, we need to carry it on a different flight. If your Checked Baggage is carried on a different flight we will deliver it to you, unless you are required to be present for customs clearance.
19.10 Our liability for Damage to Baggage
(a) We will not be liable for Damage to Hand Baggage unless it was caused by our negligence.
(b) We will be liable for Damage to Checked Baggage, unless it was caused or contributed to by your negligence, wrongful act or omission. You must not carry any of the items listed in Article 19.6. If you do, we may consider you to be negligent and be wholly or partly excused from liability.
(c) Where the Montreal Convention applies our liability for Damage to your Baggage is limited to the equivalent of 1,131 SDRs per Passenger, unless you can prove that the Damage was caused by us or our agents in the course of a person’s employment/agency:
(i) intentionally; or
(ii) recklessly and with knowledge that Damage would probably result.
(d)All claims must be supported by documented proof of purchase, including date and price. Depreciation will be deducted.
19.11 Increasing our liability for Baggage
If your Checked Baggage has a greater value than the limit of our liability stated in Article 19.10 and you wish to increase the limit of our liability to you, you must:
(a) make a special declaration at the check-in desk at the departure airport; and
(b) pay a supplementary sum to us or the carrier operating your flight. Our charges are:
(i) £17.50 (or local currency equivalent) for a higher declared value up to and including £1,750; or
(ii) £30 (or local currency equivalent) for a higher declared value up to and including £3,000.
If you have paid a supplementary sum under this Article, our liability will be limited to the maximum of such higher declared value. Your declaration alone does not entitle you to recover the sum declared in the event of loss, Damage or Delay. You can only recover proven losses and Damage.
If the value of your Baggage exceeds the amounts set out above, you should make sure your Baggage is fully insured before travel.
19.12 Damage to Baggage we are not liable for
We will not be liable for:
(a) Damage to Baggage resulting from something contained in the Baggage;
(b) Damage resulting from the inherent defect, quality or vice of the Baggage;
(c) fair wear and tear of Baggage resulting from the normal rigours of air travel; or
(d) Damage to Baggage that was not in our care or control including, amongst other things, Baggage undergoing security inspections.
We reserve all rights of recourse and subrogation against all third parties.
19.13 Making a claim for physical Damage to Checked Baggage
If your Checked Baggage, or any item in it, is physically damaged, you must tell our baggage services agents at the airport and complete a Property Irregularity Report. If you don’t:
(a) it will be presumed that your Checked Baggage was delivered in good condition, unless you prove otherwise; and
(b) you must submit claim to us in writing within seven (7) Days of receiving your Checked Baggage. If you fail to do so, your right to submit a claim or bring a legal action in respect of such damage will be extinguished.
(a) We are not liable for Delay to Checked Baggage if we or our agents took all reasonable measures to avoid the Delay or it was impossible for us or our agents to take such measures.
(b) Where the Montreal Convention applies our liability for Delay to your Checked Baggage is limited to the equivalent of 1,131 SDRs per Passenger, unless you can prove that the Delay was caused by us or our agents in the course of a person’s employment/agency:
(i) intentionally; or
(ii) recklessly and with knowledge that Delay would probably result.
(c) Where applicable law provides that different limits of liability are applicable to Hand Baggage and/or Checked Baggage, such different limits shall apply.
(d) If your Checked Baggage was Delayed, you must submit a claim to us in writing within twenty one (21) Days from the date it was made available to you. If you fail to do so, your right to submit a claim or bring a legal action in respect of such Delay will be extinguished.
19.17 Processing your Baggage claim
(a) Your claim to us for compensation for Damage to or Delay of Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Depreciation may be deducted from claims.
(b) Unless you prove otherwise:
(i) all Baggage will be considered to be your property;
(ii) a particular piece of Checked Baggage or Hand Baggage will not be considered to be the property of more than one passenger; and
(iii) Hand Baggage, including personal items, will be considered to be the property of the passenger in possession of the Hand Baggage at the time of embarkation.
(c) If you wish to claim the cost of replacement of an item which forms part of a claim for compensation for Damage or Delay to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. Proof of purchase of all replacement items must accompany your claim.
(d) For all claims for compensation concerning Baggage, you must provide us with any information we ask for to enable us to assess the eligibility of your claim and the amount payable.
(e) If requested by us, you must sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
(f) If you don’t comply with the above requirements, it may affect the amount of any compensation you can recover.
19.18 Time limit for bringing a legal action concerning Baggage
(a) Where you have submitted a claim to us in writing within any time periods specified in Article 19, you will have no right to damages if any legal action for Damage or Delay concerning Baggage is not brought within two (2) years of:
(i) the date of arrival at your destination;
(ii) the date on which the aircraft should have arrived; or
(iii) the date on which the carriage stopped.
(b) The method of calculating the time-limit for bringing a legal action shall be determined by the law of the court where the case is heard.
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