In the event of death or bodily injury of passengers, there will not be any limitation of liability upto 1,13,000 SDRs worth of damages but if it is proved by the carrier that the damage was caused due to negligence or wrongful act or omission of the deceased passenger or the one who is asking for compensation, there the liability of BA will be limited.
BA is also committed to payment of advance compensation which shall not be less than 16000 SDRs per passenger in the event of his/her death. This compensation is to be paid within 15 days of identification of the person who is to receive the compensation.
This carrier can seek return of advance compensation in case it is proved that:
a. damage was not due to its own fault and that it was due to the fault of the passenger claiming compensation
b. the person receiving it was not the right person to have got it
c. if the physical condition of the passenger was such that illness, death or injury could have been caused.
In the event of damage to the unchecked baggage, the carrier would assume the liability if the damage was caused by its own negligence or of its agents. This is limited by 1131 SDRs. The liability would be more only when it is proved that damage was done due to its own or of its agents’ act or omission:
with the intention of causing the damage or due to recklessness and with the full knowledge of the fact that the damage would result.
The carrier will not be responsible for damage to those articles kept in the unchecked baggage which was not required to be kept there by the career.
For delay of passengers, liability of BA is limited to 4694 SDRs.
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