18.1    GENERAL


18.1.1    Carriage by Us is conditional upon the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies, in which case any other applicable Local Law shall apply.

18.1.2    Your contract of carriage with us (including these Terms and Conditions and all applicable exclusions and limits of liability) applies for the benefit of our authorised agents, servants, employees and representatives to the same extent as they apply to us.  As a result, the total amount recoverable from us and our authorised agents, servants, employees and representatives will not be more than our own liability, if any.

18.1.3    We will have no liability to you regarding any product or services you book through us, as agent for the supplier thereof, unless caused solely by our negligence, save as provided for expressly under the Convention or any other applicable Local Laws.

18.1.4    We will be liable only for any damage or loss occurring during carriage on flights or flight segments where Our Airline Designator Code 'FN' appears in the carrier box of the Ticket for that flight or flight segment.

18.1.5    Except where other specific provision is made in these Terms and Conditions, We shall be liable to You only for recoverable compensatory damages for proven losses and costs in accordance with the Convention or any applicable Local Laws.

 

18.2    DEATH & INJURY

 

18.2.1    Our liability for compensatory damages in the event of death or other bodily injury caused by an accident on board flights or flight segments where Our Airline Designator Code 'FN' appears in the carrier box of the Ticket for that flight or flight segment, is subject to rules and limitations set out in the Convention or the applicable Local Laws.

18.2.2    If We prove that the damage was caused, or contributed to, by the negligence or other wrongful act or omission of the deceased or injured Passenger We may be exonerated wholly or in part from Our liability in accordance with the Convention or the applicable Local Law.

18.2.3    We are not responsible for any illness, injury or disability, including death, attributable to Your physical condition or for the aggravation of such condition.

18.2.4    We reserve all other defences available to Us (whether under the Convention or otherwise) and all rights of recourse against any other person, including (without limitation) rights of contribution and indemnity.

 

18.3    BAGGAGE (DAMAGE, DELAY & LOSS)

 

18.3.1    Our liability for compensatory damages You are entitled to recover for proven losses and costs in the event of loss of, or damage to, or delay of, your checked-in baggage, and cabin baggage/personal property carried by you aboard the aircraft, is subject to rules and limitations set out in the Convention and any other applicable Local Laws and these Terms and Conditions, generally as follows:

18.3.1.1    We will not be liable for any damage or loss to Cabin Baggage (including damage or loss to the content thereof) unless such damage or loss is caused by Our gross negligence or willful misconduct.
18.3.1.2    Any liability We have for any damage or loss, will be reduced by any negligence, wrongful act or omission on Your part which causes or contributes to the damage in accordance with applicable law.
18.3.1.3    We are not liable for any damage or loss arising from Our compliance with applicable laws or government rules and regulations, or from Your failure to comply with same.
18.3.1.4    Except in the case of an act or omission done with intent to cause damage or loss, or recklessly and with knowledge that damage, or loss would probably result, Our liability in the case of destruction, loss, damage or delays is subject to rules and limitations set out in the Convention and the applicable Local Laws.
18.3.1.5    If Your baggage is delayed for less than twenty-one days, We will pay a set amount to cover essential expenditure resulting from the delay to delivery of the baggage. If after twenty-one (21) days Your bag is not found, We shall treat it as a loss.
18.3.1.6    For the purposes of the Convention, if the weight of the Baggage is not recorded on the Baggage Receipt, it is presumed that the total weight of the Checked Baggage does not exceed the applicable baggage allowance for the class of carriage concerned. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, Our liability shall be limited to such higher declared value.
18.3.1.7    We are not liable for any damage or loss caused by your Baggage or its contents. You shall be responsible for any damage or loss caused by your Baggage or its contents to other persons or property, including without limitation Our aircraft, property and crew.
18.3.1.8    We shall have no liability whatsoever for damage or loss to articles not permitted to be contained in Checked Baggage under 10.3, including without limitation fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
18.3.1.9    We will not accept responsibility for the damage or loss of protruding parts such as wheels, straps, pull handles, or other items that are attached to baggage, perishable, damaged or fragile items or Baggage or for minor damage to the exterior of baggage (e.g. scratches, stains, soiling, dents as a result of the normal rigours of transportation by air or for water damage to non-water-resistant baggage).
18.3.1.10    We shall have no liability for any existing damage to Baggage, and/or damage in respect of oversized, overweight or over packed Baggage.
18.3.1.11    In the course of normal handling, your Baggage may show evidence of use and handling. We are not liable for conditions that result from normal wear and tear such as minor cuts, scratches, scuffs, dents and soiled baggage. We are not liable for damage to protruding parts such as wheels, feet straps, handles including telescoping / pull handles, hangers, hooks, loose flaps, pockets or other attached items.
18.3.1.12    We are not responsible for damaged Baggage (including damage or loss to the content thereof) due to manufacturer’s defects.
18.3.1.13    We shall have no liability for items checked in sacks or paper/plastic bags that do not have sufficient durability or do not have secure closures or do not provide sufficient protection to the contents thereof.

 

18.4    CLAIMS FOR COMPENSATORY DAMAGES

 

18.4.1    Any claims settled by fastjet which You have accepted payment of and to which settlement You have not lodged a written objection to, will be deemed to have been accepted by You as full and final settlement of such claim after 3 (three) months of such payment, after which You will have no further claims against fastjet in respect thereof.

 

18.5    SUBMITTING A CLAIM

 

18.5.1    If You wish to file a claim or an action regarding damage or loss to Checked Baggage and/or its content, You must notify Us as soon as You discover such damage or loss by reporting to our service desk located at the airport and completing the required claims forms, and at the latest, in the case of damage within seven (7) days of receipt of in the case of Checked Baggage, and in the case of delay of baggage within twenty one (21) days from the date on which the baggage has been placed at Your disposal.  

 

18.6    LIMITATION OF ACTIONS

 

18.6.1    Unless inconsistent with applicable laws, any right to submit a claim for damage or loss shall be extinguished if an action is not brought within two (2) years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage actually terminated. The law of the court where the case is heard shall determine the method of calculating the period of limitation.