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Article 11

Carrier's liability

11.1 Carrier is liable to the Shipper or Consignee for damage sustained in the event of the loss, damage or delay to Cargo upon condition only that the event which caused the damage so sustained took place during the Carriage or when the Carrier has accepted the Cargo in accordance with the Air Waybill and the Cargo is in the charge of the Carrier or its Agent pursuant to the performance of the Contract of Carriage.

11.2 Except as may be otherwise provided in any applicable Convention, Carrier is not liable to the Shipper, Consignee or any other person for the loss, damage or delay of the Cargo in the case of:

11.2.1 Loading or delivery periods or specific handling of Shipments within the same Cargo;

11.2.2 Additional Carriage resulting from forwarding or re-forwarding or city terminal services unless proved to have been caused by Carrier gross negligence or intent;

11.2.3 Damage caused directly or indirectly by any compliance with applicable law, government regulations, orders or requirements or by any other event beyond the Carrier's control;

11.2.4 Refusal of Carriage where, upon exercise of its reasonable discretion, Carrier considers that the applicable laws, regulations, orders or requirements do not permit Carriage of the Cargo or Shipment;

11.2.5 Loss, damage or delay to Cargo caused by an object or animal contained therein. Shippers and Consignees whose items cause loss, damage or delay to other consignments or to Carrier's property shall be liable towards Carrier for any losses incurred including costs and expenses associated with the same. Carrier may at any time and without notice and without incurring any liability remove or destroy cargo and animals which might endanger aircraft, persons or property;

11.2.6 Any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such at biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of that animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air, or by other means of transportation;

11.2.7 Cargo or Shipments suffering to deterioration or decay due to change of climate, temperature, altitude or for any other usual circumstance or due to the duration of the agreed Carriage time are taken on by the Carrier to the exclusion of any liability for loss or damage caused by deterioration or decay;

11.2.8 Consequential loss or damage arising from Carriage subject to these Conditions, whether or not Carrier had knowledge that such loss or damage might be incurred;

11.2.9 The special nature of the Cargo or any inherent defect, quality or vice of that Cargo;

11.2.10 Defective packing of the Cargo performed by any person other than Carrier or its Agents, servants or representatives;

11.2.11 An act of war (including terrorist acts) or an armed conflict;

11.2.12 An act of public authority carried out in connection with the entry, exit or transit of the Cargo;

11.2.13 Force Majeure;

11.2.14 In the case of delay, Carrier proves that it and its Agents, servants or representatives took all reasonable measures to prevent the damage or that it or they were not able to take such measures;

11.2.15 If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, Carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage;

11.3 If liability of the Carrier is excluded or limited in these Conditions of Carriage, such exclusion or limitation shall likewise apply to any Agent (vicarious or otherwise), employee, representative of Carrier, in addition to any carrier whose aircraft is used for the carriage and its Agents (vicarious or otherwise), employees, representatives.

11.4 In the case of loss, damage or delay of part of the Shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which Carrier’s liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the Shipment, or of any object contained therein, affects the value of other packages covered by the same Air Waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the Shipment lost, damaged or delayed as the case may be shall be determined by reducing the total value of the Shipment in the proportion that the weight of that part of the Shipment lost, damage or delayed has to the total weight of the Shipment.

11.5 Unless Shipper has made a special declaration of value or interest for Carriage and has paid the supplementary sum applicable, liability of Carrier shall not exceed 19 Special Drawing Rights per kilogram of Cargo lost, damaged or delayed. If the Shipper has made, at the time when the Cargo was handed over, a special declaration of value or interest in delivery at destination and has paid the requested surcharge, it is agreed that any liability shall in no event exceed such declared value for Carriage stated on the face of the Air Waybill or included in the Shipment Record. All claims shall be subject to proof of value.

11.6 The Shipper, owner and Consignee whose property causes damage to or destruction of another Shipment or the property of Carrier, or death or bodily injury of any person, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. Cargo which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by Carrier at any time without notice and without liability therefore attaching to Carrier.

11.7 When Carrier is required by customs or other government authorities to make Shipments available for inspection during clearance or otherwise, including, but not limited to, unpacking and re-packing of such Shipments, Carrier does so only as the Agent of the person who had the right of disposition of the Shipment at that time, and Carrier accepts no liability for any loss or damage sustained as a result of its complying with any such requirements or other governmental requirements.