11 LIABILITY FOR DAMAGE

11.1Liability for loss

11.1.1Xiamen Airlines’ liability for damages incurred by passengers during air carriage shall be governed by Chinese laws, applicable international conventions and these Conditions. Xiamen Airlines shall only be liable for actual damages suffered by passengers during air carriage actually performed by Xiamen Airlines, in accordance with the conditions and liability limits prescribed by Chinese laws or applicable international conventions. In the absence of such provisions in Chinese laws or applicable international conventions, these Conditions shall apply. Liability for carriage of another carrier in relation to a passenger’s journey shall be governed by the laws of its country and its conditions of carriage.

11.1.2Xiamen Airlines issuing a ticket or checking baggage over the lines of another carrier (including code-share flights of which the operating carrier is not Xiamen Airlines) does so only as agent for such other carrier. With respect to checked baggage, the passenger shall have a right of action against the carrier of the first segment, the carrier of the segment where baggage damage occurred, or the last carrier. For flights not operated by Xiamen Airlines (including code-share flights of which the operating carrier is not Xiamen Airlines), the operating carrier shall assume corresponding liabilities in the event of flight changes, delays, cancellations, overbooking and personal injuries.

11.1.3Unless otherwise stipulated in the contract, Xiamen Airlines is liable for any loss occurring in the carriage performed by Xiamen Airlines.

11.1.4The liability of Xiamen Airlines in the case of damage to baggage or cargo, and flight delays, shall be determined in accordance with the liability limit prescribed by the international conventions to which China is a party at the time of the occurrence or delay.

11.1.5Xiamen Airlines is not liable for any loss arising from its compliance with national laws, regulations, government rules and other normative documents, or from failure of the passenger to comply with the same. If the damage was caused or contributed to by the negligence of the passenger, Xiamen Airlines shall be wholly or partly exonerated from its liability for damage in accordance with applicable laws and regulations.

11.1.6The liability of Xiamen Airlines shall not exceed the amount of proven actual loss. Xiamen Airlines is not liable for any indirect or consequential losses, or emotional damages.

11.1.7Any exclusion or limitation of liability of Xiamen Airlines shall apply to and be for the benefit of agents, employees and representatives of Xiamen Airlines and any person whose aircraft is used by Xiamen Airlines and such person's agents, employees and representatives. The aggregate amount recoverable from Xiamen Airlines by such agents, employees, representatives and persons shall not exceed the amount of Xiamen Airlines' limit of liability.

11.1.8Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Xiamen Airlines under the Convention or applicable laws.

11.2Death or injury of passengers

11.2.1Xiamen Airlines is liable for an accident which causes death or injury of passengers that occurs on board the aircraft, or in the process of embarking or disembarking; however, Xiamen Airlines is not liable for any death or injury which occurs in the carriage attributable to a passenger's age, mental or physical condition or for the aggravation of such condition.

11.2.2The liability of Xiamen Airlines with respect to each passenger for death or injury shall be determined in accordance with the liability limit prescribed by international civil aviation conventions to which China is a party at the time of the accident causing the damage.

11.2.3For any damage exceeding the liability limit prescribed in the preceding paragraph, Xiamen Airlines shall not be liable for compensation if it proves that the damage was not caused by the fault of Xiamen Airlines or its employees or agents, or that the damage was wholly caused by the fault of a third party.

11.3Loss of baggage

11.3.1Xiamen Airlines is liable for any destruction, loss or damage to checked baggage arising from incidents that occur in the carriage.

11.3.2Xiamen Airlines is not liable for any destruction, loss or damage to baggage caused by inherent nature, quality or defects of the baggage, or by the passenger’s own conduct.

11.3.3Xiamen Airlines is not liable for any loss of a passenger's baggage caused by property contained in such passenger's baggage. If any passenger or his baggage causes injury to another person or damage to another person's property or to the property of Xiamen Airlines, such passenger shall indemnify Xiamen Airlines for all losses and expenses as a result thereof.

11.3.4Acceptance of checked baggage by a passenger without complaint at the time of delivery is prima facie evidence that the checked baggage has been delivered in good condition and in accordance with the contract of carriage, unless the passenger proves otherwise.

11.3.5If Xiamen Airlines admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against Xiamen Airlines the rights which flow from the contract of carriage.

11.3.6Xiamen Airlines is liable for any destruction, loss, or damage to unchecked baggage (including personal belongings) that occurs on board the aircraft or in the process of embarking or disembarking, if such destruction, loss, or damage is caused by the fault of Xiamen Airlines or its employees or agents.

11.3.7For the destruction, loss or damage to checked baggage of passengers travelling on Xiamen Airlines flights, Xiamen Airlines shall compensate or pay the repair costs in accordance with the lost value of the baggage within the baggage liability limits.

Xiamen Airlines shall not assume liabilities if baggage delay, loss of items or damage is caused by acts related to baggage inspection implemented by relevant government departments, airport authorities or security check agencies.

11.3.9Xiamen Airlines shall not be liable if it proves that all reasonable measures have been taken, or that it was impossible to take such measures, to avoid the loss caused by the delay of checked baggage.

11.3.10Important documents and materials, securities, cash, notes, jewelry, precious metals and items made from precious metals, antique calligraphy, paintings and samples, or other valuables, fragile and vulnerable goods, prescription drugs that need to be taken regularly, medical certificate, travel documents and other items which require special care are not permitted to be carried as or packed into checked baggage. If above items which are included in checked baggage are destructed, lost or damaged, Xiamen Airlines is liable to the extent of general checked baggage.

11.3.11In calculating the compensation for lost baggage, the cost of bare essentials reimbursed shall be deducted from the compensation amount, and excess baggage fees charged for the baggage will be refunded.

11.3.12For domestic portions of international journeys, a passenger shall be entitled to the baggage compensation applicable to international journeys.

11.3.13Xiamen Airlines will contact the passenger as soon as possible if the lost baggage for which the passenger has been compensated is found. The passenger may reclaim the baggage and refund the compensation in full, excluding OPE. Xiamen Airlines is entitled to pursue full compensation when detecting fraudulent actions on the passenger’s behalf.

11.3.14In the case of checked baggage being damaged or stained, the passenger shall make a declaration to the carrier (or its agents) and fill out Baggage Transport Report before leaving the baggage claim area, and raise an objection within seven days from the date of receipt at the latest. In the case of delay of checked baggage, the passenger shall raise an objection at the latest within twenty-one days from the date on which the checked baggage has been placed at his disposal. If the passenger does not raise the objection in writing within the aforementioned time limits, Xiamen Airlines will neither make compensation nor accept the claim..

11.4Statute of limitations

Any right to damages shall be extinguished if an action is not brought within two 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.