19. Liability For Damage

19.1 Liability

19.1.1 These Terms and Conditions govern Our sole liability to You in any circumstances, regardless of the nature of the damages, losses or expenses suffered or incurred by You, and regardless of how same arose. 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.

19.1.2 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.

  1. 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.
  2. 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.
  3. 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 wilful misconduct.
  4. 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.
  5. 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 damage or loss to Hold Baggage (or the content thereof) shall be limited to SDR 19 (approx. USD 26.79) per kilogram and in the case of damage or loss to Cabin Baggage (and the content thereof) shall be limited to SDR 332 (USD 468.12) per Guest where the Warsaw Convention applies to Your journey, or an aggregated amount of SDR 1131 (USD 1594.71) for all Baggage, subject to proven damage for Cabin Baggage where the Montreal Convention applies to Your journey undertaken on or after the 28th June 2004, provided that in either case if in accordance with applicable law, different limits of liability are applicable or permissible, the lower of such permissible different limits shall apply.
  6. The SDR is a Special Drawing Right as defined by the International Monetary Fund. The value of 1 SDR is approximately USD 1.41 cents (as of the 1st September 2015), but this rate of conversion may fluctuate and is shown on the IMF website at imf.org. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Baggage Receipt, it is presumed that the total weight of the Hold Baggage does not exceed the applicable baggage allowance for the class of carriage concerned. If in the case of Hold Baggage a higher value is declared in writing pursuant to an excess valuation facility, Our liability shall be limited to such higher declared value.
  7. 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.
  8. 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.
  9. We shall have no liability whatsoever for damage or loss to articles not permitted to be contained in Hold 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.
  10. We are not responsible for any illness, injury or disability, including death, attributable to Your physical condition or for the aggravation of such condition.
  11. The Conditions of Contract, including these Terms and Conditions and exclusions or limits of liability, applies to Our Authorised Agents, servants, employees and representatives to the same extent as they apply to Us. The total amount recoverable from Us and/or from such Authorised Agents, employees, representatives and persons shall not exceed the amount of Our own liability, if any.
  12. Nothing in these Terms and Conditions shall waive any exclusion or limitation of Our liability under the Convention or applicable laws unless otherwise expressly stated.
  13. 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).

 

19.2 Claims For Compensatory Damages 

19.2.1 In respect of any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a Guest in an accident taking place on board an aircraft (or in the course of any of the operations of embarking or disembarking) on a flight for which Our name or Airline Designator Code (FN) appears in the Booking for that segment:

  1. We will not invoke the limitation of liability in Article 22(1) of the Convention or any similar limitation existing under applicable law;
  2. We will not avail Ourselves of any defence under Article 20 of the Convention, or any similar defence existing under applicable law, with respect to that portion of the claim which does not exceed 113,100 Special Drawing Rights (SDRs);
  3. We will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments to such person as may be required to meet immediate economic needs on a basis proportional to the hardship suffered (such amount not to be less than the equivalent of SDR16, 000 per passenger in the event of death). Any such advance payment shall not constitute recognition or admission of liability and may be offset against any subsequent sums paid by Us, but is only returnable if the damage was caused by, or contributed to by, the negligence of the Guest or of the person who received the payment, or if the person to whom the payment was made was not the person entitled to compensation.

19.2.2 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.

 

19.3 Damage To Baggage

19.3.1 We shall have no liability for any existing damage to Baggage, and/or damage in respect of oversized, overweight or over packed Baggage.

19.3.2 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.

19.3.3 We are not responsible for damaged Baggage (including damage or loss to the content thereof) due to manufacturer’s defects.

19.3.4 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.

19.3.5 The Conditions of Contract, including these Terms and Conditions and exclusions or limits of liability, is without exception also applicable to Our Authorised Agents, servants, employees and representatives.

19.3.6 Nothing in these Terms and Conditions shall waive any exclusion or limitation of Our liability under the Convention or applicable laws unless otherwise expressly so stated herein.