ARTICLE 15 — LIABILITY FOR DAMAGE
15.1 The liability of Finnair and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
15.1.1 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
15.1.2(a) Our liability for Damage sustained in the event of death, wounding or any other bodily injury by a passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.
15.1.2(b) For any Damage up to the sum of the equivalent in ecus of 100,000 SDR, we shall not exclude or limit our liability by proving that we and our Authorised Agents have taken all necessary measures to avoid the Damage or that it was impossible for us and our Authorised Agents to take such measures.
15.1.2(c) Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
15.1.2(d) We shall without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.
In the event of death, an advance payment shall not be less than the equivalent in ecus of 15,000 SDR per passenger.
An advance payment shall not constitute a recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases prescribed in article 15.1.2(c) above, or in circumstances where it is proved that the person who received the advance payment caused or contributed to the Damage by negligence, or that he was not entitled to such compensation.
15.1.2(e) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
15.1.2(f) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
15.1.2(g) With respect to international travel, our liability in the case of Damage to Checked Baggage shall be limited to 17 SDR per kilogram and in the case of Damage to Unchecked Baggage shall be limited to 322 SDR per passenger. 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 the class of carriage concerned. In domestic carriage our liability, which shall not depend on negligence on our part, in case of Damage, both with respect to Checked and Unchecked Baggage shall be limited to 1000 SDR per passenger. In case a higher value of Checked Baggage is declared pursuant to article 8.7, our liability shall be limited to such higher declared value.
15.1.2(h) With respect to international travel, we are not liable for delay of transportation if we can prove that we and our agents and employees have taken all necessary measures to avoid the delay or that it was impossible for us and them to take such measures.
In domestic travel our liability our liability for the delay of the Baggage is limited to 1000 SDRs per passenger and for the delay of a passenger to 4150 SDRs per passenger.
15.1.2(i) Our liability shall be limited to proven compensatory damages, and in any event, we shall not be liable for indirect, consequential, or any other form of non-compensatory damages.
15.1.2(j) We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
15.1.2(k) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
15.1.2(l) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
15.1.2(m) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.1.2(n) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
15.1.2(o) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
