Find out our the relevant information on liability for damage below.
15.1 Liability Provisions
The liability of Air Mauritius Limited and each Carrier involved in your journey will be determined by its own Conditions of Carriage as the case may be. Our liability provisions are as follows:
15.1.1 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention and the provisions of these Conditions of Carriage.
15.1.2 Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:
- Carrier shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of Carrier. If there has been contributory negligence on the part of the passenger, Carrier's liability shall be subject to the applicable law relating to contributory negligence.
- With respect to delay, carrier shall be under no liability except as provided in these conditions of carriage.
15.1.2(a) Any liability we have for Damage, will be reduce by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
15.1.2(b) We will be liable for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may take a claim against the first or last carrier.
15.1.2(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence. If there has been contributory negligence on the part of the passenger, carrier's liability shall be subject to the applicable law relating to contributory negligence.
15.1.2(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with same.
15.1.2(e) Except in the case of an act or omission done by you with intent to cause Damage or your act or omission is done recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to USD 20 per kilo for a maximum of 20 Kgs and in the case of Damage to Unchecked Baggage shall be limited to SDR 332 per passenger, provided that if in accordance with applicable law different limits of liability are applicable different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
15.1.2(f) Except where other specific provision is made in these conditions, we shall be liable to you only for recoverable compensatory Damages (excluding consequential damages) for proven losses and cost in accordance with the Convention.
15.1.2(g) We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
15.1.2(h) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under 8.3, including 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, passport and other identification documents or samples.
15.1.2(i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.1.2(j) The contract of carriage, including these Conditions of Carriage 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 from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
15.1.2(k) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
15.2 Special Agreement
Special agreement applicable to carriage, from or with an agreed stopping place in the United States of America (see applicable U.S Tariffs).
(i) the limit of liability for each Passenger for death, wounding or other bodily injury shall be the sum of US $ 75,000 inclusive or legal fees and costs except that, in the case of a claim brought in a state where provision is made from separate award of legal fees and costs, the limit shall be the sum of US $ 58,000 exclusive of legal fees and costs;
(ii) such carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defence under Article 20(1) of the Convention.
Nothing herein shall be deemed to affect the rights and liabilities of such airlines with regard to any claim brought by, on behalf of, or in respect of, any person who has caused Damage which resulted in death, wounding, or other bodily injury of a Passenger.
The names of carriers' party to the arrangement referred to in this Paragraph are available at all Ticket offices of such carriers, and may be examined on request. Each of such carriers' has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other airlines with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier.