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In these Conditions of Carriage, the following expressions mean:

 

"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set forth in the Ticket or shown in CAL's timetables as scheduled stopping places on the Passenger's route.

 

"AIRLINE DESIGNATOR CODE" means the two or three letters or the letter and number which identify particular air carriers.

 

"AGENT” means the capacity in which CAL is acting when facilitating the sale of certain services. As an agent for third parties CAL is not a principal to any contract.

 

"AUTHORISED AGENT" means a passenger sales agent who has been appointed by CAL to represent CAL in the sale of air passenger transportation over the services of Carrier and, when authorised, over the services of other air Carriers.

 

"BAGGAGE" means personal property accompanying a Passenger on flight. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.

 

"BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of Passenger's Checked Baggage.

 

"BAGGAGE IDENTIFICATION TAG" means a document issued by Carrier solely for identification of each piece of Checked Baggage.

 

"BOARDING PASS" means the document, either in paper or electronic form, that is issued to a Passenger as evidence that a Passenger has checked-in for a flight.

 

"CAL" means CHINA AIRLINES LIMITED.

 

"CARRIER" means other air carriers issuing the Ticket or that carry or undertake to carry the Passenger and/or his Baggage, or perform or undertake to perform any other services related to such air carriage.

 

"CARRIER'S REGULATIONS" means rules, other than these Conditions of Carriage, as may be published by CAL and/or issued to Passengers and in effect on date of Ticket issue, governing carriage by air of Passengers and/or Baggage and shall include but not be limited to applicable Fare conditions, applicable law or government regulations that may apply to the carriage and any applicable Tariffs in force.

 

"CHARGES" means any charges, surcharges, fees and taxes.

 

"CHECKED BAGGAGE" means Baggage of which CAL takes sole custody and for which CAL has issued a Baggage Check or Baggage Identification Tag or both and travels in the hold of the aircraft.

 

"CHECK-IN DEADLINE" means the time limit CAL has set by which Passenger must have completed check-in formalities and received a boarding pass.

 

"CONDITIONS OF CARRIAGE" means these conditions of carriage or another Carrier's conditions of carriage as the case may be.

 

"CONNECTING FLIGHT" means a subsequent flight providing onward travel on the same Ticket or on a conjunction Ticket.

 

"CONJUNCTION TICKET" means a Ticket issued to a Passenger in conjunction with another Ticket which together constitute a single contract of carriage.

 

"CONVENTION" means whichever of the following instruments are applicable to the contract of carriage:

The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);

The Warsaw Convention as amended at The Hague on 28 September 1955;

The Warsaw Convention as amended by Additional Protocol No.1 of Montreal 1975;

The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol

No.2 of Montreal 1975;

The Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal 1975;

Guadalajara Supplementary Convention, signed at Guadalajara, 19 September 1961;

The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (hereinafter referred to as the Montreal Convention).

"DAYS" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or flight commenced, shall not be counted.

 

"ELECTRONIC COUPON" means an electronic Flight Coupon or other value document held in CAL's database.

 

"ELECTRONIC TICKET" means the Itinerary/Receipt, the Electronic Coupons and, if applicable, a boarding document issued by or on behalf of CAL.

 

"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond the control of CAL and the consequences of which could not have been avoided even if all reasonable measures have been taken.

 

"FARE” means the amount paid or to be paid for the relevant flight as published by CAL and subject to any applicable Tariffs in force. This also includes but is not limited to children's fares and infants' fares, which are calculated as a percentage of the Fares referred to above.

 

"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket it means the Electronic Coupon, and indicates the particular places between which a Passenger is entitled to be carried.

 

"ITINERARY/RECEIPT" means a document or documents issued to a Passenger forming part of the Electronic Ticket which contains the passenger's name, flight information and notices required under the Convention or as otherwise required.

 

"PASSENGER" means any person, except members of the operating crew, who is carried, or is to be carried on an aircraft pursuant to a Ticket.

 

"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket which is so marked and which ultimately is to be retained by the Passenger.

 

"SDR" means a Special Drawing Right as defined by the International Monetary Fund.

 

"STOPOVER" means a scheduled stop on Passenger's journey at a point between the place of departure and the place of destination.

 

"TARIFF" means the published fares, charges and/or related conditions of carriage of an airline which have been filed, where required, with the appropriate authorities.

 

"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by or on behalf of CAL.

 

"UNCHECKED BAGGAGE" means any Baggage of the Passenger other than Checked Baggage which a Passenger takes on to the aircraft in accordance with these Conditions of Carriage.

 

"USA" means the United States of America.

 

"VALIDITY PERIOD" means the period for which Passenger's Ticket is valid for travel.

2.1 General 

 

2.1.1 

Except as provided in Articles 2.2 - 2.5, these Conditions of Carriage apply to all carriage by air of Passengers and Baggage, performed by CAL for reward and form part of the contract of carriage between CAL and the Passenger, together with notices contained in the Ticket and Carrier's Regulations.

 

2.1.2 

These Conditions also apply to gratuitous and reduced Fare carriage except to the extent that CAL has provided otherwise in its Carrier’s Regulations or in the relevant contracts, passes or Tickets.

2.2.1

On certain services CAL has arrangements with other airlines known as 'Code Shares'. This means that, even if the Passenger has a reservation with CAL, the flight may be operated by another Carrier on that Carrier’s aircraft. If such code share arrangements apply to the flight, CAL or its Authorised Agents will let the Passenger know at the time the Passenger makes a reservation. These Conditions of Carriage apply to travel on CAL’s flights or flight segments, where 'China Airlines' or the Airline Designator Code ‘CI’ is shown as the carrier on the Ticket.

 

2.2.2

If CAL issues a Ticket for the Passenger to be carried by another Carrier on its Airline Designator Code, CAL does so only as agent for that Carrier and the Conditions of Carriage of the operating Carrier applies. Each operating Carrier has terms and conditions with respect to the operations of its own flights, which may differ from these Conditions of Carriage. Terms and conditions that may differ from between CAL and the operating Carrier, include but not limited to:
a) Reservations, ticketing policies and procedures;
b) Check-in policies and procedures and time limits;
c) Refusal and limitation of carriage; and
d) Flight disruption handling policies and procedures.

2.2.3

In the event of lengthy tarmac delays to code-share flights at an airport in the USA, the operating Carrier’s contingency plan for lengthy tarmac delays will govern Passenger’s rights, if different from the marketing Carrier.

 

2.2.4

In the event of a tarmac and/or mass flight delay at other airports, the operating Carrier's relevant contingency plan may apply.

 

 

3.1 Ticket Prima Facie Evidence of Contract 

 

3.1.1 

The Ticket constitutes prima facie evidence of the contract of carriage between CAL and the Passenger named on the Ticket. CAL will provide carriage only to the Passenger holding such Ticket, or holding, as proof of payment or part payment, any other document issued by CAL or its Authorised Agent. The Ticket is and remains at all times the property of the issuing Carrier. The conditions of contract contained in the Ticket are a summary of some of the provisions of these Conditions of Carriage.

 

3.1.2 Requirement for Ticket and Identification

Except in the case of an Electronic Ticket, a person shall not be entitled to be carried on a flight unless that person provides appropriate identification and presents a Ticket valid and duly issued in accordance with these Conditions of Carriage and/or Carrier's Regulations and containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. A Passenger shall furthermore not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by Carrier or its Authorised Agent. In the case of an Electronic Ticket, a person shall not be entitled to be carried on a flight unless that person provides appropriate identification and has an Electronic Ticket that is valid and duly issued in accordance with these Conditions of Carriage and/or Carrier's Regulations and contained in Carrier's database.

 

3.1.3 Loss, etc. of Ticket

In case of loss or mutilation of a Ticket, or part thereof, or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, CAL or the issuing Carrier may at the Passenger's request and subject to Carrier's Regulations, replace such Ticket or part thereof by issuing a new Ticket on receipt of proof satisfactory that a Ticket valid for the flights in question was duly issued, provided that the Passenger undertakes in such form as may be prescribed by CAL or the issuing Carrier to pay any costs and losses reasonably incurred resulting from the misuse of the Ticket. The Passenger may be required to pay up to the Fare applicable to the new Ticket. In the event, and to the extent, that the lost or missing Ticket or the missing Flight Coupons are used by any person within the period of validity of the Ticket, or that refund in respect thereof is made to any person. CAL or the issuing Carrier may charge a service fee for this service, as set out in Carrier's Regulations, unless the loss or mutilation was due to the negligence of CAL or the issuing Carrier.

 

3.1.4 Ticket not transferable

A Ticket is not transferable. If a Ticket is presented by someone other than the person entitled to be carried, CAL will refuse to carry that person. However, if someone other than the person entitled to be carried on a Ticket presents or travels pursuant to that Ticket or is given a refund in connection therewith, CAL shall not be liable to the person so entitled if in good faith it provides carriage, or makes a refund.

 

Stopovers may be permitted at Agreed Stopping Places subject to government requirements, these Conditions of Carriage, Carrier's Regulations and CAL's timetables. Stopovers will be permitted only if arranged with Carrier in advance and specified on the Ticket and additional charges payable.

5.1 General 

 

Fares apply only for carriage by air from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports or between airports and town terminals unless expressly stated.

5.2 Applicable Fares 

 

5.2.1

When the Passenger makes a booking, CAL or its Authorised Agent will notify the Passenger of the applicable Fare to be paid. If the booking is made for a flight to or from the USA and is made at least one week prior to the flight departure date, CAL will hold the booking for a period of twenty-four (24) hours, after which time payment will become immediately due. If the booking for the flight to or from the USA is made within one week of the flight departure date, payment will become due immediately.

 

5.2.2

In all circumstances whereby payment is not made in accordance with Article 5.2, whether with CAL’s agreement or otherwise, the Fare quoted by CAL, at the time of making the reservation shall be given for information purposes only and is subject to change at any time prior to payment being made.

 

5.2.3

Applicable Fares for carriage by air governed by these Conditions of Carriage are those published by and on behalf of CAL or, if not so published, constructed in accordance with Carrier's Regulations. Subject to government requirements, these Conditions of Carriage and/or Carrier's Regulations, the applicable Fare is the Fare valid for carriage on the date of each flight specified on the Ticket, or in the case of an Electronic Ticket, as indicated for each flight segment in the Itinerary/Receipt in effect on the date the Ticket is purchased. If the amount that is collected is not the applicable Fare, the difference shall be paid by the Passenger, or, as the case may be, refunded by CAL, in accordance with Carrier's Regulations.

 

6.1 Reservation Requirements 

 

6.1.1 

Reservations are not confirmed until recorded as accepted by CAL or its Authorised Agent.

 

6.1.2 

As provided in Carrier's Regulations, certain Fares may have conditions which limit or exclude the Passenger's right to change or cancel reservations.

 

6.1.3 

Notwithstanding the foregoing, if the booking is made for a flight to or from the USA a Passenger may hold a reservation at the quoted Fare without payment, or cancel the reservation without penalty, for at least twenty-four (24) hours after the reservation is made if the reservation is made one week or more prior to a flight's departure.

 

6.1.4

If the booking for the flight to or from the USA has been made more than one week prior to the scheduled departure date, the Passenger may cancel within twenty-four (24) hours of the booking being made and receive a full refund.

 

 

7.1.1

The Passenger shall arrive at CAL's check-in location or on certain routes, and where available, at a kiosk located in the designated check-in area, and boarding gate sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures, and in any event, not later than the Check-in Deadline.

 

7.1.2

If the Passenger fails to complete check-in formalities by the Check-in Deadline or fails to be present at the boarding gate on time or appears improperly documented and not ready to travel, CAL may cancel the space reserved for the Passenger and will not delay the flight. CAL reserves the right not to accept any Passenger for travel if the Passenger fails to present himself/herself for travel at the check-in desk by the Check-in Deadline. CAL is not liable to the Passenger for loss or expense due to the Passenger's failure to comply with the provisions of this Article.

8.1 Right to Refuse Carriage 

 

CAL may refuse carriage of any Passenger or Passenger's Baggage if, in the exercise of its reasonable discretion, CAL determines that:

 

8.1.1 

such action is necessary for reasons of safety; or

 

8.1.2 

if the Passenger has breached any terms of these Conditions of Carriage and/or Carrier's Regulations; or

 

8.1.3

such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or

 

8.1.4

the conduct, age, or mental or physical state (including impairment from alcohol or drugs) of the Passenger is such as to:

 

8.1.4.1 

require special assistance from CAL and the arrangements provided for in Article 6.8; or

 

8.1.4.2 

cause discomfort or make himself or herself objectionable to other Passengers; or

 

8.1.4.3 

involve any hazard or risk to himself or herself or to other persons or to property; or

 

8.1.4.4 

use threatening, abusive or insulting words or behave in a threatening, abusive or insulting manner to CAL's ground staff, members of the flight crew or other Passengers including, but not limited to prior to or during the flight or boarding the aircraft or disembarkation from a connecting flight; or

 

8.1.4.5 

appear to present a hazard or risk to himself or herself, other Passengers, flight crew, the aircraft or any other persons or property; or

 

8.1.4.6 

there is cause to reasonably believe the Passenger is in unlawful possession of drugs; or

 

8.1.5 

such action is necessary because the Passenger has failed to observe the lawful instructions of CAL including non-compliance with these Conditions of Carriage in relation to the carriage of dangerous or prohibited goods; or

 

8.1.6

the Passenger commits a criminal offence during check-in or boarding or on board the aircraft; or

 

8.1.7 

the Passenger has refused to submit to a security check; or

 

8.1.8 

the applicable Fare or any Charges payable have not been paid, or credit arrangements agreed between CAL and the Passenger (or the person paying for the Ticket) have not been complied with; or

 

8.1.9

the Passenger does not appear to be properly documented; or

 

8.1.9.1

the Passenger may seek to enter a country through which he or she is in transit, or for which he or she does not have valid travel documents, or

 

8.1.9.2

the Passenger may destroy his or her documentation during flight, or

 

8.1.9.3

the Passenger will not surrender travel documents to be held by the flight crew, against receipt, when so requested by CAL; or

 

8.1.10

the Ticket presented:

 

8.1.10.1

has been acquired unlawfully, or

 

8.1.10.2

has not been issued by CAL or its Authorised Agent or another issuing Carrier; or

 

8.1.10.3

has been reported as being lost or stolen, or

 

8.1.10.4

is a counterfeit Ticket, or

 

8.1.11

the Passenger has not used the Coupon in sequence; or

 

8.1.12

any Coupon has been altered by anyone other than CAL or its Authorised Agent, or in the case of a Flight Coupon, has been mutilated, and CAL reserves the right to retain such Ticket; or

 

8.1.13

the person presenting the Ticket cannot prove that he/she is the person named in the Ticket. CAL reserves the right to retain such paper Ticket; or

 

8.1.14

if the Fare of the Ticket issued by CAL via its website is paid by credit card, the Passenger shall present the credit card that was originally used for the corresponding purchase at the check-in counter. If the credit card holder is not the Passenger, he or she must process the credit card verification. The Passenger shall buy another Ticket(s) on site if the required verification has not been properly completed; or

 

8.1.15

The Passenger has previously committed one of the acts or omissions referred to above.

8.3.1

If a Passenger has been refused carriage or removed from a flight as provided for in Articles 8.1 and 8.2, CAL may cancel the remaining unused portion of the Passenger's Ticket and the Passenger is entitled to a refund for the unused sectors covered by the Ticket.

 

8.3.2

Subject to the refund for unused sectors specified in Article 8.3.1, CAL will not be liable for any damage due to any such refusal to carry or removal en route, whether arising from tort, contract or otherwise, and CAL shall be entitled to recover from the Passenger all direct and indirect costs incurred as a result of such refusal or removal including the costs of diverting a flight.

 

9.1 Items Unacceptable as Baggage 

 

9.1.1 

The Passenger shall not include in his or her Baggage or otherwise try to bring on board the aircraft the following prohibited items:

 

9.1.1.1 

items which do not constitute Baggage as defined in Article 1 hereof;

 

9.1.1.2 

items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Safe Transport of Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA Dangerous Goods Regulations), and in Carrier's Regulations (further information is available from CAL on request);

 

9.1.1.3 

items which are prohibited for carriage by the applicable laws, regulations or orders of any state to be flown from, to or over;

 

9.1.1.4 

items which are unsuitable for carriage by reason of their weight, size, shape or character or do not conform with CAL's Baggage rules, as set out in Carrier’s Regulations;

 

9.1.1.5 

items which CAL reasonably determines are unsuitable for carriage because they are dangerous or unsafe;

 

9.1.1.6

live animals, except as provided for in Article 9.10.

 

9.1.2 

Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage in accordance with Carrier’s Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 9.1.1.2 and prevailing national and international security regulations.

 

9.1.3 

The Passenger shall not include in Checked Baggage, fragile or perishable items, artwork, cameras, video cameras and related equipment, computers, electronic and/or telecommunications equipment or devices, essential medicines, money, jewellery, precious metals, silverware, negotiable papers, share certificates, securities or other valuables, business documents, passports and other identification documents or samples, or any other valuables.

 

9.1.4 

Weapons such as antique firearms, swords, knives and similar items, or any other suspicious articles hazardous to flight safety may be accepted as Checked Baggage, in accordance with Carrier's Regulations or national laws, but will not be permitted in the cabin.

 

9.1.5 

Various countries have implemented restrictions on the carriage of liquids, aerosols and gels in compliance with the new guidelines set by ICAO (further information is available from CAL on request).

 

9.1.6

Any items referred to in Articles 9.1.1 or 9.1.2 are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the Charges, limitations of liability and other provisions of these Conditions of Carriage applicable to the carriage of Baggage.

The following is only applicable to flights departing from, transiting through or arriving at an airport within the European Union.

Subject to advance notice of forty-eight (48) hours, possible limitations of space and relevant legislation concerning dangerous goods, Passengers with reduced mobility are permitted to carry two mobility aids, free of charge, in addition to the Passengers free Baggage allowance as set out in Carrier’s Regulations

 

10.1 Schedules 

 

10.1.1

CAL undertakes to use its best efforts to carry the Passenger and his or her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. Except where prohibited by law, times shown in the timetables, Ticket or elsewhere are not guaranteed and do not form part of the contract of carriage and CAL assumes no responsibility for Passenger's connecting flight which is not booked through CAL.

 

10.1.2

Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, CAL shall not be liable for errors or omissions in timetables or other published schedules.

 

11.1 General 

 

11.1.1

On failure by CAL to provide carriage in accordance with the contract of carriage, or where a Passenger requests a voluntary change of his or her arrangements, refund for an unused Ticket or portion thereof shall be made by CAL in accordance with this Article and with Carrier's Regulations.

11.2 Person to Whom Refund Will Be Made 

 

11.2.1 

Except as provided in this Article, CAL shall make refund either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof.

 

11.2.2 

If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and CAL has indicated on the Ticket that there is a restriction on refund, CAL shall make a refund only to the person paying for the Ticket.

 

11.2.3 

Except in the case of lost Tickets, refunds will only be made on surrender to CAL of the Passenger Coupon or Passenger Receipt and surrender of all unused Flight Coupons.

 

11.2.4 

A refund made to anyone presenting the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and holding himself or herself out as a person to whom refund may be made in terms of Articles 11.2.1 or 11.2.2 shall be deemed a proper refund and shall discharge CAL from liability and any further claim for refund.

 

12.1 General

If the Passenger conducts himself or herself on board the aircraft so as to endanger the aircraft or any person or property, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other Passengers may reasonably object or find offensive, may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the Passenger. The Passenger may be disembarked at any point, prosecuted for offences committed on board the aircraft and CAL may decide to refuse to carry the Passenger at any time in the future.

12.3.1

For safety reasons, no Passenger shall use any device that may interfere with aircraft navigation and communication systems and in accordance with applicable aviation rules, as directed by the crew. All Passengers must observe the following rules, which apply from the time the cabin doors are closed until the time the doors are reopened. An announcement will be made informing Passengers to this effect.

12.3.2

Small, lightweight portable electronic devices with radio transmission or reception function must be switched to non-cellular or “Flight mode" with Wi-Fi turned off from door closure until the plane has landed and cleared the runway. If cellular transmitting functions cannot be turned off, the electronic devices must be turned off while on board the aircraft.

12.3.3

The following devices must remain off at all times during flight: electronic cigarettes, citizen’s band radios and walkie-talkies, remote controllers and wireless electronic devices such as radio-controlled toys; and any other electronic device that may interfere with aircraft equipment including flight navigation and telecommunication systems.

12.3.4

When taking certain aircraft equipped with in-flight Wi-Fi, Passengers may turn on Wi-Fi function of the devices with “Flight mode" and access Wi-Fi Onboard service by following related usage regulations and as advised by the crew.

12.3.5

The flight crew or cabin crew may request that all devices be fully turned off if there is risk of interfering with aircraft equipment and the Passenger must comply with the crew's directions.

12.3.6

Hearing aids, heart pacemakers and any other approved medically prescribed instruments are permitted on board the aircraft.

12.3.7

If the Passenger does not comply with Article 12.3, CAL may take and retain such electronic devices until the termination of the Passenger's flight or until such other time as Carrier considers it appropriate.

 

14.1 General 

 

The Passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with these Conditions of Carriage and/or Carrier's Regulations and instructions. CAL shall not be liable for any aid or information provided by any agent, CAL's Authorised Agents or employees to any Passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands and travel requirements, whether given in writing or otherwise. CAL shall have no liability to any Passenger for any damage resulting from his or her failure to comply with such laws, regulations, orders, demands and travel requirements.

 

If carriage to be performed by several successive Carriers under one Ticket, or under a Ticket and any Conjunction Ticket issued in connection therewith, is regarded as a single operation for the purposes of the Convention. CAL shall have no obligation, duties or liabilities, whether to the Passenger or otherwise, in respect of such separate Ticket(s) not issued by CAL.

16.1 

These Conditions of Carriage govern CAL's liability for the carriage of Passengers and Baggage.

16.2 

The Conditions of Carriage of each other Carrier involved in the journey govern its liability to the Passenger. CAL is only liable for damage occurring during carriage where the Airline Designator Code 'Cl' is identified as the carrier on the Ticket. If CAL issues a Ticket or Checked Baggage on another Carrier's Airline Designator Code, CAL does so as agent for that Carrier.

16.3 Applicable Laws 

 

CAL's liability for the international carriage by air of Passengers and Baggage is governed by the Convention or under applicable laws where the Convention does not apply. Article 16 sets out the limits on CAL's liability in respect of death or injury or delay and damage to or loss of the Passenger's Baggage. If and to the extent that any of the provisions of these Conditions of Carriage are inconsistent with the Convention or other applicable laws or Tariffs, the Convention or other applicable laws will prevail to the extent of such inconsistency.

 

17.1 

If the Passenger receives Baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition and according to the contract of carriage, unless the Passenger proves otherwise.

17.2 

Complaints about damage to Checked Baggage must be made in writing to CAL within seven (7) DAYS of receiving the Baggage.

17.3 

Complaints about delay to Checked Baggage must be made in writing to CAL within twenty (21) DAYS of the Baggage being made available to the Passenger.

Any right to damages shall be extinguished if an action is not brought within two (2) years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped or in accordance with the national law of the court seized of the case. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.

No agent, employee or representative of CAL has authority to alter, modify or waive any provision of these Conditions of Carriage.