Loss, Delay and Damage to baggage will make Jet Airways liable to pay up to Rs 450 per kg unless there is a higher value declared in advance. This liability does not extend to perishable and fragile items.
In case of death of a person or such bodily injury which has incapacitated him or her in such a way that he or she can not carry on his or her usual duties, then the liability shall be Rs 7,50,000 and Rs 3,75,000 for guest 12 years or more and below 12 years respectively.
Limitation of Jet Airways liability in case of loss or damage to baggage, death or personal injury is governed by either the Montreal Convention of 1999 or the Warsaw Convention of 1929, depending on which of these is applicable to a particular case.
In cases of death or bodily injury, Jet Airways is liable to pay only a sum of SDRs 100,000 provided the damages are proven and subject to the condition that Montreal Convention applies. However, if the Convention does not apply and the journey is to, from or with agreed stop over in USA, the charges are limited in most cases to $75000 per guest (inclusive of legal fees except when the State law provides for exclusion of legal fee. In latter case, liability is limited to $58000). But, in cases where journey is not to, from or with stop over in USA, or the travel is on a carrier which is not a party to Warsaw Convention or special contracts, the liability of carrier is limited at most to $10000 or $20000 per guest in most of the cases.
For delay in carriage in international travel, the liability of carrier is limited to SDRs 4694 (where Montreal Convention applies) and subject to certain defences provided therein for the carrier.
Liability for Loss, delay or damage to baggage is governed by Montreal Convention and Warsaw Convention. Where Montreal Convention applies, limitation of liability is upto 1131 SDRs per guest for checked in and cabin baggage. Where the Warsaw Convention applies, liability is limited at USD 9.07 per pound (checked baggage) and USD 400 per guest for unchecked baggage. For travel within USA, there might be Federal rules limiting the liability of carriers to be at least $2500 per guest.
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