Contract of Carriage : Rule 230
Liability - Baggage
- Limitations of Liability
Liability, if any, for the loss of, damage to, or the delay in the delivery of, any personal property, baggage (whether such property has been checked in or otherwise delivered into the custody of the carrier) shall not be more than USD 3400.00 per passenger subject to certain exclusions set forth below unless the passenger elects to pay for higher liability as provided for in paragraph C) below.
Exception 1: When transportation is via HA, and one or more carriers with different limitations of liability, and responsibility for loss, damage or delay in delivery of baggage cannot be determined, the lowest maximum liability will apply when the claim is filed with HA.
Exception 2: With respect to domestic transportation, the baggage liability limits do not apply to liability for loss, damage, or delay concerning wheelchairs or other assistive devices. The criterion for calculating the compensation for a lost, damaged, or destroyed wheelchair or other assistive device shall be the original purchase price of the device.
Exception 3: When HA at no charge to you voluntarily retrieves your baggage from the airport following your flight on a separate ticket with a different carrier and transports that baggage to your ultimate destination, because you did not claim the baggage from the first air carrier and recheck your baggage on HA to your destination. In this case, the baggage liability limits do not apply and liability shall instead be governed by the Release, Waiver, Indemnification and Hold Harmless Agreement you signed and pursuant to which HA then transported your baggage.
- Exclusions from Liability
- HA shall not be liable for the loss, damage or delay in delivery of any property which is not acceptable for transportation in accordance with Rule 190, Rule 195 and Rule 200, or for any other loss or damage of whatever nature resulting from any such loss or damage, or from the transportation of such property. This exclusion is applicable whether the non-acceptable property is included in the passengers checked baggage, with or without the knowledge of the carrier.
- HA assumes no liability for articles carried into the passenger cabin, whether known or unknown to HA.
- HA assumes no liability for medicines including but not limited to vitamins, dietary supplements, over counter home remedies etc., orthotic devices (surgical supports), money, jewelry, camera equipment, kitchen appliances of any kind, or other valuable or fragile items, including but not limited to items listed below, whether contained in checked or unchecked baggage, with or without the knowledge of HA:
- Artistic Items
Sculptures; paintings or pictures, framed or unframed; and models. Sconces; decorative screens; items of decorator stones; marble, onyx and alabaster; vases; figurines; trophies; souvenirs; other decorator objects and curios, chess sets; drawings; statues; or other sculptures; paintings; picture albums; plastics; plaster of Paris molds and casts; photographs; display models; antique furniture; fish tanks; terrariums; religious or ceremonial mats; artifacts.
- Chinaware/Ceramics/Pottery (See also Glass)
Ceramics, pots, bowls, crockery, dishes, glasses, earthenware, and other containers or ornaments made of porcelain or clay hardened by heat.
- Electronic and Mechanical Items
Typewriters, sewing machines, watches, clocks, sensitive calibrated tools and instruments, televisions, radios (including citizen band), calculators, audio and video equipment and parts thereof, computers and/or parts thereof, cellular telephones and/or parts thereof, compact disc players, discs, and parts thereof, global positioning systems or similar electronic way finders and/or parts thereof, electronic microscopes, electographs, and electronic medical equipment that includes tubes and glass
- Garment Bags
Garment Bags and suit/dress covers of light, flimsy plastic or vinyl designed for carrying and not for shipping.
- Glass See also Chinaware/Ceramics/Pottery)
Glassware, crystal, mirrors, bottles and any liquids contained therein (excluding reasonable quantities or toiletries), prescription or non-prescription sunglasses, eyeglasses and contact lenses.
- Household Articles
Lamps, lamp shades, picture frames and furniture.
Liquor/cartons provided for hand carriage by duty-free shops.
- Musical Instruments and Equipment
Guitars, violins and violas, cellos, ukuleles, organs, harps, drums, and other musical instruments and amplifiers or speakers used in conjunction with electronic instruments that are not protected or in carrying cases that are not sufficient to prevent damage during the course of normal baggage handling, or if string instruments do not have their strings loosened prior to transport.
Business/personal documents, negotiable papers, securities, manuscripts, publications (including manuals and textbooks), mechanical drawings, blueprints, maps, charts, historical documents, daytimers, and photographs.
NOTE: All photographs referred to in this section include negatives, prints, portraits and slides.
- Perishable/Food Items
- Floral and nursery stock such as flower, fruit and vegetable plants; cut flowers and foliage; floral displays; and bulbs.
- Plants and foliage such as branches and blossoms or flowers, fruits and vegetables.
- Food items of any kind, whether perishable or not and regardless of packaging.
- Photographic/Cinematographic Equipment
Cameras, camera lenses, film (processed or unprocessed), photoflash equipment, photometers, spectroscope, phototubes, or other devices using sensitive tubes or plates and parts thereof.
- Plastics (See also Toys)
- Precision Items(See also Electronic and Mechanical Items)
Microscopes, oscilloscopes, telescopes, barometers, binoculars, meters, counters, Polygraphs electrographs, medical equipment, watches, clocks, and other sensitive calibrated tools and equipment.
- Recreational and Sporting Goods
Backpacks, sleeping bags, and knapsacks (and contents thereof) made of cloth, plastic, vinyl, or other easily torn material, and those that have aluminum frames, outside pickets, straps, buckles and other protruding parts.
Dolls, stuffed animals, dollhouses, and model trains and airplanes.
- Miscellaneous Items
Natural fur products, irreplaceable items, sample goods for resale, heirlooms, collectibles, artifacts, precious metals/stones, silverware, silver, flat-wear, cash, gift items, souvenirs, toolboxes and tools.
- Dentures and Retainers
Any Dental/orthodontic including but not limited to Dentures, Retainers, Bridges etc.
- HA shall not be liable for damage to baggage unless it impairs the ability to protect its contents, and specifically shall not be liable for:
- damage arising from the normal wear and tear of baggage handling, including but not restricted to scratches, scuffs, punctures, dents, stains and marks.
- damaged or missing protruding parts including wheels or feet, pull straps, retractable luggage handles, zippers, locks, pockets, hanger hooks and security straps.
- damage as a result of overweight/oversized/overpacked baggage.
- previously damaged baggage.
- HA shall not be liable for loss or damage to articles which are strapped, fastened, or otherwise secured to other baggage being checked and which are not independently tagged and/or packaged. Such items include but are not limited to, sleeping bags, luggage racks, luggage carriers and umbrellas.
- HA shall not be liable for the loss, damage or delay in delivery of any baggage accepted by another carrier for interline transfer to HA if the items are not acceptable for transportation as checked baggage by HA.
- The owner of a pet shall be responsible for compliance with all governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required. HA shall not be liable for the loss or expense due to the passenger’s failure to comply with this provision, and HA shall not be responsible if any pet is refused passage through any county, state or territory.
- Declaration of Higher Value
- A passenger may, when checking in for a flight and presenting property for transportation, pay an additional charge for each carrier on which the property is to be transported and declare a value higher than the maximum amounts specified in paragraph A) above and up to the maximum specified below, in which event, HAÍs liability shall not exceed the higher declared value.
- Any declared value shall not apply to items listed in paragraph B,"Exclusions from Liability" above or similar valuables when such valuables are included in baggage checked or otherwise delivered into the custody of HA.
- HA's excess valuation may be purchased at the rate of USD 1.00 per USD 100.00 of declared value. The declared value is not to exceed USD 3,400.00.
- "Declaration of Higher Value" does not apply to live animals.