CARRIER’S LIABILITY

11.1 Carrier is liable to the shipper, consignee or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused the damage so sustained took place during the carriage, which for such purposes shall comprise the period during which the cargo is in the charge of Carrier, or in the charge of its agent pursuant to the performance of the contract of carriage.

11.2 Except as may be otherwise provided in any applicable Convention, Carrier is not liable to the shipper, consignee or any other person for any damage, delay or loss of whatsoever nature arising out of, or in connection with, the carriage of cargo or other services performed by Carrier, unless such damage, delay or loss is proved to have been caused by the negligence or wilful default of Carrier and there has been no contributory negligence on the part of the shipper, consignee or other claimant.

11.3 Carrier is not liable if the destruction, loss of or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo.

11.4 Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of that animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air.

11.5 Carrier shall not be liable in any event for consequential loss or damage arising from carriage subject to these Conditions, whether or not Carrier had knowledge that such loss or damage might be incurred.

11.6 If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, Carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.

11.7 Unless the shipper has made a special declaration of value for carriage and has paid the supplementary sum applicable, liability of Carrier shall not exceed the applicable Convention limit or, if no Convention applies, 17 Special Drawing Rights per kilogram of cargo destroyed, lost, damaged or delayed. If the shipper has made a special declaration of value for carriage, it is agreed that any liability shall in no event exceed such declared value for carriage stated on the face of the air waybill or included in the shipment record. All claims shall be subject to proof of value.

11.8 In the case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which Carrier’s liability is limited shall only be the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the shipment lost, damaged or delayed as the case may be shall be determined by reducing the total value of the shipment in the proportion that the weight of that part of the shipment lost, damaged or delayed has to the total weight of the shipment.

11.9 The shipper, owner and consignee whose property causes damage to or destruction of another shipment or the property of Carrier, or death or bodily injury of any person, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. Cargo which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by Carrier at any time without notice and without liability therefor attaching to Carrier.

11.10 A carrier issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier. Any reference in a shipment record to carriage to be performed by another carrier shall be deemed to refer to carriage to be provided as principal by such other carrier. No carrier shall be liable for the loss, damage or delay of cargo not occurring on its own line except that the shipper shall have a right of action for such loss, damage or delay on the terms herein provided against the first carrier and the consignee or other person entitled to delivery shall have such a right of action against the last carrier under the contract of carriage.

11.11 Whenever the liability of Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants and representatives of Carrier and also to any Carrier whose aircraft is used for carriage.

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