106. Liability For Loss Of Or Damage To Baggage. | Carriage Carriers | LexisNexis

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106. Liability for loss of or damage to baggage.

The carrier¹ is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge² of the carrier³. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage⁴. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its

(2) International Carriage

92. Contents of passenger tickets.

93. Legibility of passenger ticket.

94. Absence, irregularity or loss of passenger ticket.

95. Additional information to be given relating to EU flights.

96. Baggage checks and identification tags.

97. Absence, irregularity or loss of baggage check.

98. Air waybills and cargo receipts.

99. Making out of air waybill.

100. Contents of air waybills and cargo receipts.

101. Absence, irregularity or loss of air waybill or cargo receipt.

102. Correctness of air waybill, cargo receipt or other record.

103. Air waybill as evidence of contract.

104. Information and documents accompanying air waybill or cargo receipt.

105. Liability for death of or injury to passengers.

106. Liability for loss of or damage to baggage.

107. Liability for loss of or damage to cargo.

108. Liability for delay and cancellation.

109. Liability for denied boarding.

110. Limitation of liability generally.

111. Limitation of liability in respect of passengers.

112. Limitation of liability for baggage and cargo.

113. Loss of carrier's right to limit liability.

114. Right of disposal and stoppage of cargo in transit.

115. Consignee's rights against the carrier.

116. Who has title to sue the carrier.

117. Basis of claims.

118. Jurisdictions in which claims must be brought.

119. Time limits and method for making complaints of damage or delay to baggage or cargo.

120. Limitation of actions.

121. Claims against contracting parties.

122. Claims against actual and contracting carriers.

123. Claims in cases of successive carriage.

124. Advance payments.

125. No defence of all necessary measures.

126. Right of recourse of person liable.

127. Contributory negligence and exoneration.

128. Death of person liable.