Article 18 Liability for Damage
18.1 Tianjin Airlines will liable for the damage of the passenger occurring on the aircraft or boarding or descending the aircraft but is not liable for the death of the passenger totally caused by the passenger’s health condition.
18.2 Tianjin Airlines will be liable for any destruction, loss or damage occurring during carriage in flight or within a period controlled by Tianjin Airlines. Tianjin Airlines will liable for the damages of unchecked baggage and hand baggage because of Tianjin Airlines’ employee or agent mistakes. But Tianjin Airlines will not liable for the damage of baggage (including checked baggage, unchecked baggage and hand baggage) if it caused by the defect, quality and flaw of the baggage. Tianjin Airlines does not assume liability for normal wear and tear to baggage, which includes: damage to or loss of protruding baggage parts such as straps, pockets, pull handles, hanger hooks, wheels and feet, or other items attached to the baggage as well as damage to over sized/over packed bags.
18.3 Tianjin Airlines will be liable for the damage of the passenger and baggage caused by Tianjin Airlines’ delay in the transportation. But Tianjin Airlines will not liable for the damage if Tianjin Airlines’ employee or agent has taken all measures to avoid damage or it is impossible for him to take such measure. Damaged or delayed property must be reported to Tianjin Airlines according to Tianjin regulations and time limits, otherwise Tianjin is not liable for responsibility.
18.4 if it is confirmed that the losses are caused or facilitated by the faults of the claimant or the one from whom the claimant obtains rights, Tianjin Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the losses. If confirmed by Tianjin Airlines that other person rather than the passenger requires compensation for the passenger’s injury or death and such injury or death is caused or facilitated by the passenger’s own faults, Tianjin Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the injury or death.
18。5 on the limitation of liability
18.5.1 International Carriage as defined in the 1999 Montreal Convention, is subject to the liability rules of such Convention.
18。5。2 International Carriage as defined in the 1929 Warsaw Convention and 1955 Hague Protocol but not in 1999 Montreal Convention, is subject to the liability rules of Warsaw Convention and Hague Protocol。
18.5.3 Where International Carriage is not subject to the liability rules of the Convention, is subject to the bilateral agreement or Civil Aviation Law of The People's Republic of China and related regulations about applicable laws, government regulations or orders.
18.6 on the limitation of liability regulated in Convention
18.6.1 Warsaw Convention and Hague Protocol
22.214.171.124 The compensation for injuries or deaths paid by Tianjin Airlines to passenger will not exceed two hundred fifty thousand French francs or its equivalent.
126.96.36.199 The compensation for checked baggage paid by Tianjin Airlines is no more than two hundred and fifty French francs per kilogram or its equivalent. The compensation for unchecked baggage or hand baggage paid by Tianjin Airlines is no more than five thousand French francs per passenger or its equivalent. If no baggage weight record in the baggage check, the weight of the checked baggage will be regarded as not exceed the free baggage allowance to the related class of cabin. The compensation for checked baggage, which has declared its value subject to 9.8 of Article 9 shall be within the value declaration.
18.6.2 1999 Montreal Convention
188.8.131.52.The liability of Tianjin Airlines for each passenger for death, wounding or other bodily injury does not exceed 100，000 SDRs without exclusion or limitation of liability.
184.108.40.206. The liability for damage to each passenger exceeds 100，000 SDRs. However, Tianjin Airlines is not liable for the following situations:
(a) It is proved that the damages caused are not due to the faults or improper measures or negative acts made by Tianjin Airlines, its employees or agents;
(b) It is proved that the damages are absolutely caused by the third party because of its faults, its improper measures or negative acts.
220.127.116.11.The liability for damages due to delay throughout the transportation of Tianjin Airlines does not exceed 4，150 SDRs.
18.104.22.168. The liability of Tianjin Airlines in the case of destroying, loss, damage or delay of checked baggage shall be limited to 1，000 SDRs for per passenger, unless the passenger has made a special declaration on the value of the luggage for the destination and has been surcharged if it is necessary when the passenger delivers his or her checked baggage. Tianjin Airlines shall be liable within the scope of the declared value except that Tianjin Airlines proves that the value of the luggage declared by passenger is higher than the actual value of the luggage when it is claimed at the destination.
18。7to the extent not in conflict with the foregoing and whether or not the Convention applies:
18.7.1 Tianjin Airlines is liable only for damage occurring on its own line. Tianjin Airlines issuing a ticket or checking baggage over the lines of another carrier does so only as agent for such other carrier.
18.7.2 Tianjin Airlines is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.
18.7.3 Tianjin Airlines' liability shall not exceed the amount of proven damages. Tianjin Airlines shall furthermore not be liable for indirect or consequential damages.
18.7.4 Tianjin Airlines is not liable for injury to a passenger or for damage to a passenger's baggage caused by property contained in such passenger's baggage. Any passenger whose property causes injury to another person or damage to another person's property or to the property of Tianjin Airlines shall indemnify Tianjin Airlines for all losses and expenses incurred by Carrier as a result thereof.
18。7。5 Tianjin Airlines is not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, samples, medicines or drugs, which are included in the passenger's checked and carry-on baggage。
18.7.6 If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, Tianjin Airlines shall not be liable for any illness, injury, disability or death.
18.7.7 Any exclusion or limitation of liability of Tianjin Airlines shall apply to and be for the benefit of agents, employees and representatives of Tianjin Airlines and any person whose aircraft is used by Tianjin Airlines and Tianjin Airlines' agents, employees and representatives. The aggregate amount recoverable from Tianjin Airlines and from such agents, employees, representatives and persons shall not exceed the amount of Tianjin Airlines' limit of liability.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.