The liability of Delta Airlines for loss, delay and damage to checked in baggage is limited to the following:
a) Domestic Liability of USD 3400 per passenger.
b) International liability as governed by Warsaw Convention is USD 9.07 for each pound of baggage and up to an upper cap of USD 640 per bag.
c) International liability of SDR 1000 per passenger for areas covered by Montreal Convention.
However, if you want the airline to pay more towards the loss, delay or damage, you will be required to buy a higher valuation for your baggage. This fee is $40 and $50 for total declared value of USD 3400 to 4000 and 4000 to $5000 respectively towards domestic travel with USA. The international excess valuation fee ranges from $10 to $50 (range of $10) for declared value from $1000 to $4000-$5000 (range of $1000).
As per article 17 of Warsaw Convention or Montreal Convention, in case of death or bodily injury, the compensation to be awarded would be limited to:
a) the liability of carrier would not be limited only to 1,13,000 SDRs per passenger. For more than this amount, the carrier shall not be held liable if it proves that the damage was not due to negligence or wrongful act or omission; or, the carrier proves that it was solely due to negligence/omission/commission of a third party.
b) there is also a provision for paying the advance payment in such cases. The quantum of such a payment is to be paid solely as per the discretion of the carrier. In case of death of passenger, the advance amount shall not be less than SDRs 16000. Making an advance payment does not mean that the carrier has admitted to its liability.
In case of damage arising due to the delay in carrying passengers, the limit to liability of carrier does not arise in cases where Warsaw Convention applies. However, in cases where the Montreal Convention applies, this damage is limited to 4694 SDRs.
In cases where there is a destruction, loss, damage or delay to baggage (checked and unchecked), the liability of carrier is limited to 1131 SDRs for each passenger.
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