EXAMPLE OF JAPAN AIRLINES’ CONDITIONS OF CARRIAGE

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ANNEX B :

EXAMPLE
OF JAPAN AIRLINES’ CONDITIONS OF CARRIAGE

            “16 (C) (4) (a) JAL agrees in accordance with article 22 (1) of the Convention that as to all international carriage hereunder as defined in the Convention:
                                    (i) JAL shall not apply the applicable limit of liability based on Article 22(1) of the Convention in defense of any claim arising out of the death, wounding of other bodily injury of a passenger within the meaning of Article 17 of the Convention. Except as provided in paragraph (ii) below, JAL does not waive any defense to such claims as is available under Article 20(1) of the Convention or any other applicable law.
                                    (ii) JAl shall not, with respect to any claim arising out of the death, wounding the meaning of Article 17 of the Convention, avail itself of any defense under Article 20(1) of the Convention up to the sum of 100,000 SDR exclusive of the costs of the action including lawyers’ fees which the court finds reasonable.
                    (b) Nothing herein shall be deemed to affect the rights of JAL with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused damage which resulted in death, wounding or other bodily injury of a passenger.”
            “16 (C) 12 JAL shall not be liable in any event for any consequential or special damage or punitive damages arising from carriage subject to these Conditions of Carriage and applicable tariffs, whether or not JAL has knowledge that such damage might be incurred.”