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Liability For Damage

16.1

Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.

16.2

In carriage which is not international carriage to which the Convention applies.

16.2.1 To the extent that Turkish legislation is applicable, the liability of the Carrier is subject to the provision of Turkish Civil Aviation Act no.2920.

16.2.2 Carrier shall be liable for damage to a passenger or his or her 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 liability shall be subject to the applicable law relating to contributory negligence.

16.2.3 except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result:

  • 16.2.3.1 the liability of Carrier with respect to each passenger for death, wounding or other bodily injury shall be limited to the liability sum mentioned in Warsaw convention as amended at the Hague 1995, provided that if in accordance with applicable law a different limit of liability is applicable such different limit shall apply;
  • 16.2.3.2 with respect to delay, Carrier shall be under no liability except as provided in these conditions of Carriage.

16.3

To the extent not in conflict with the foregoing and whether or not the Convention applies:

16.3.1 Carrier is liable only for damage occurring on its own line. A Carrier issuing a ticket of checking baggage over the lines of another Carrier does so only as agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier;

16.3.2 Carrier is not liable for damage to unchecked baggage unless such damage is 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;

16.3.3 Carrier 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;

16.3.4 except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, the liability of Carrier in the case of damage to checked baggage shall be limited to 250 Poincare Francs per kilogram and in the case of damage to unchecked baggage shall be limited to 5000 Poincare Francs per passenger (In most of the countries, by legislation as 20$ and 400$ or equivalent of the US$ sums to local currencies respectively),provided that if in accordancewith applicable law different limits of liability are applicable such 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 class of service concerned, as provided in Carrier's Regulations. If in the case of checked baggage a high value is declared pursuant to 9.7. the liability of Carrier shall be limited to such higher declared value;

16.3.5 Carrier's liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages;

16.3.6 Carrier 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 Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof;

16.3.7 Carrier is not liable for damage to fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in the passenger's checked baggage;

16.3.8 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, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.

16.3.9 any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person whose aircraft is used by Carrier and such person's agents,employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees, representatives and person shall not exceed the amount of Carrier's limit of liability.

16.4

Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.

16.5 Special Agreement

16.5.1 General

Carrier shall avail itself of the limitation of Liability provided in the Convention for the unification of certain rules relating to International Transportation by Air. signed in Warsaw on October 12,1929 and amendment protocol signed in the Hague. However, Turkish Airlines which is a party to IATA Intercarrier Agreement(IIA) and/or Measures to Implement IATA Intercarrier Agreement(MIA) in accordance with Article 22(1) of the Convention and/ or applies EEC Council Regulation 2027/97, shall not invoke the limitation of liability under Article 20 (1) and shall not avail itself of defense under Article 20(1) of the Convention with respect to such portion of claim which does not exceed 100,000SDR f or carriage performed by itself and for all international carriage of which Warsaw Convention applies.

Turkish Airlines , shall accept the liability regime stated in this article only for the carriage performed on behalf of itself or by itself, and does not impose any liability to another carrier which performed the part of the carriage nor incur any liability for the part of the carriage performed by other carrier.

The liability regime of Turkish Airlines applicable to the Passenger under IIA and MIA and ECC Regulation 2027/97 are stated below. The above mentioned instruments will be the basic documents for any and all conflicts between the rules stated below or their interpretation or their application.

16.5.2 Liability of the Carrier

  • a. Carriers liability is not subject to any limitation determined by law, convention or contract in case of death, wounding or bodily injury.
  • b. Any damage up to 100.000.SDR caused by death, wounding or bodily injury of Passenger, Carrier shall not avail itself of any defense that it has taken all necessary measures to avoid the damage or that it was impossible for him to take such measures
  • c. Notwithstanding paragraph ( B) above; if the carrier proves that the damage was caused by or contributed to by the negligence of death or injured person , the carrier will be released from liability fully or partially in accordance with the applicable law.
  • d. Against such claims, the carrier reserves all other defenses stated in the Convention other than those specified herein above in paragraphs (A) and (B) which waives the limit of liability of the carrier and waives any liability defense up to 100.000SDR The carrier reserves its right of recourse against any other person, including the rights of indemnity or contribution
  • e. Neither the waiver of limits nor the waiver of defense shall be applicable in respect of claims made by public social insurance or similar bodies however asserted. Such claims shall be subject to the limit in Article 22 (1) and to the defenses under Article 20 (1) of the Convention. The carrier will compensate the passenger or his dependents for recoverable compensatory damages in excess of payments received from any public or social insurance or similar public bodies. (This provision is not applicable to social insurance or similar public bodies of United States of America.
  • f. Law of domicile of the passenger is not applicable to claims made in accordance with this private agreement. In respect of this issue , provisions of the Convention is valid and the right of 5th jurisdiction is not accepted.

16.5.3 Advance payment

  • A. Turkish Airlines shall not later than fifteen days after the identity of the natural person entitled to compensation has been established make advance payment to meet immediate economic needs on basis proportional to the hardship suffered.
  • B. Without prejudice to paragraph (A) an advance payment shall not be less than 15.000.-SDR per passenger in the event of death of the passenger.
  • C. An advance payment shall not constitute recognition of liability and shall be offset against any subsequent sums paid on the basis of carrier liability.
  • D. If it is proved that the damage was caused by, contributed to by the negligence of injured or deceased passenger;
  • The damage was caused or contributed to, the damage by negligence of the person who received the advanced payment;

The person who received the advance payment was not the person entitled to compensation; the carrier will be exonerated wholly or partly from its liability in accordance with applicable law. In such cases the advance payment shall be returned. Except such cases, the advance payment shall not be returned.

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