US Airways Liability and Limitation

For travel between the points in US only, the total liability for damages in case of loss, delay or damage to baggage is limited to $3400 per customer.

For international travel, either the Warsaw Convention or the Montreal Convention, as the case may be, applies.

In case of bodily injury and death, US Airways does not exclude or limit its liability for damages that do not exceed 1,13,000 SDRs. If the damages exceed this value, the carrier will not be liable if it proves that either the damage was not due to negligence, wrongful act or omission of carrier, its agents or servants, or, the damage was solely due to negligence, wrong act or omission of the third party.

There is also a provision for making an advance payments. In case of death, this payment shall not be less than SDRs 16000. This is to be paid to the representative of the next of kin of dead passenger. There is a requirement of establishing the identity of the person who is to receive this payment.

In case of delay in carriage of passengers, US Airways would not be liable if it proves that its servants, agents and the carrier took reasonable steps to avoid the damage. It reserves right to invoke all the possible defenses in this respect under the two conventions. Under Montreal Convention, liability of carrier is limited to 4150 SDRs but this limitation does not apply in cases under Article 25 of Warsaw Convention or Article 22(5) of Montreal Convention.

In case of loss, damage or delay of checked or unchecked baggage, liability of carrier is limited to 1131 SDRs for each passenger.

When a passenger makes a special declaration of the sum and pays a supplementary sum, the liability of carrier will be limited to such declared sum. However, the carrier can claim that declared amount is greater than the interest of passenger.

There are time limits for these liabilities under Warsaw and Montreal Conventions. Complaint must be made within 7 calendar days of damage and within 21 days of delay of baggage. And, the action for the damages shall begin within 2 years.