Additional Liability Limitations Sample Clauses
Additional Liability Limitations. For the purposes of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated by reference herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.
A) The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a passenger, as provided in the following paragraphs:
1) The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,100 Special Drawing Rights for each passenger.
2) The Carrier shall not be liable for damages to the extent that they exceed 113,100 Special Drawing Rights for each passenger if the Carrier proves that:
(a) such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or
(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
3) The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Articles 20 and 22
(1) of the Warsaw Convention in a manner inconsistent with paragraphs (1) and
(2) hereof.
4) With respect to third parties, the Carrier reserves all rights of recourse against any other person, including, without limitation, rights of contribution and indemnity.
5) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the passenger.
B) In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a passenger as provided in the following paragraphs:
1) Unless a dispute arises over the identity of the person to whom an advance payment shall be made, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier in its sole discretion. In the event of death of a passenger, the amount of the advance payment sha...
Additional Liability Limitations. Except as required by mandatory law, under no circumstances is ▇▇▇▇▇▇ or its Design Professionals liable for any of the following even if informed of their possibility:
a. Loss of, or damage to, the Client’s records, documents, data (Digital or otherwise), or any other proprietary information.
b. Indirect, consequential or incidental damages and losses sustained by the Client.
c. The Client’s lost profits, business, revenue, goodwill, or anticipated savings.
Additional Liability Limitations. CARRIER DOES NOT UNDERTAKE TO CARRY AS BAGGAGE ANY TOOLS OF TRADE, HOUSEHOLD GOODS, FRAGILE OR VALUABLE ITEMS, PRECIOUS METALS, JEWELRY, DOCUMENTS, NEGOTIABLE INSTRUMENTS OR OTHER VALUABLES. YOU WARRANT THAT NO SUCH ITEMS WILL BE PRESENTED TO CARRIER WITHIN ANY RECEPTACLE OR CONTAINER AS BAGGAGE, AND RELEASE CARRIER FROM ALL LIABILITY WHATSOEVER FOR LOSS OF OR DAMAGE TO SUCH ITEMS WHEN PRESENTED TO THE CARRIER IN BREACH OF THIS WARRANTY.
Additional Liability Limitations. OCEAN CRUISE TOURS (E.U. MEMBER STATE PORT): ON OCEAN CRUISE TOURS WHICH EMBARK OR DISEMBARK IN THE PORT OF ANY E.U. MEMBER STATE, OUR RESPONSIBILITY AS THE CARRIER FOR DEATH, INJURY, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY OF ANY KIND SUFFERED BY YOU OR ANY OF THE OTHER PASSENGERS IN YOUR PARTY SHALL, IN THE FIRST INSTANCE, BE GOVERNED BY E.U. REGULATION 392/2009. UNLESS THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, WHICH IS DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE REGULATION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SDRS (APPROXIMATELY U.S. $552,000) PER PASSENGER IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. AN SDR IS AN INTERNATIONALLY RECOGNIZED MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED BY THE INTERNATIONAL MONETARY FUND AT ▇▇▇.▇▇▇.▇▇▇. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $552,000) UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDEACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000) OR 340 MILLION SDRS PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009. A COPY OF EU REGULATION 392/2009 IS AVAILABLE AT ▇▇▇▇▇://▇▇▇- ▇▇▇.▇▇▇▇▇▇.▇▇/▇▇▇▇▇-▇▇▇▇▇▇▇/▇▇/▇▇▇/▇▇▇/?▇▇▇=▇▇▇ EX:32009R0392&from=EN. IN ADDITION, OUR LIABILITY AS CARRIER WILL BE GOVERNED BY THOSE OTHER AND FURTHER LIMITATIONS OF LIABILITY SET FORTH IN THE STATUTORY MARITIME AND GENERAL LAWS OF SWITZERLAND WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS, AS THE LAW GOVERNING THIS PASSENGER TICKET CONTRACT. YOU AGREE THAT THE CARRIER’S LIABILITY FOR LOSS OR DAMAGE TO BAGGAGE OR PERSONAL PROPERTY IS LIMITED UNDER ALL CIRCUMSTANCES TO THE ...
Additional Liability Limitations