Rule 33: Liability - Baggage
- Full Text
- Rule 1: Definitions
- Rule 2: Application of Tariff
- Rule 3: Schedules and Operations
- Rule 4: Claims
- Rule 5: Currency
- Rule 6: Confirmation of Reserved Space
- Rule 7: Cancellation of Reservations
- Rule 8: Tickets - General
- Rule 9: Ticket Validity
- Rule 10: Application of Fares - General
- Rule 11: Round-Trip Fares
- Rule 12: Circle-Trip Fares
- Rule 13: Stopovers
- Rule 14: Routings
- Rule 15: Minimum Fares
- Rule 16: Rerouting
- Rule 17: Returned Check Charge
- Rule 18: Oxygen
- Rule 19: Conditions and Charges for Acceptance of Special Items
- Rule 20: Service Animals
- Rule 21: Electronic Surveillance of Passengers and Baggage
- Rule 22: Acceptance of Children
- Rule 23: Refusal to Transport
- Rule 24: Emergency Situations
- Rule 26: Cabin-Seat Baggage and Charges
- Rule 27: Checked and Carry-On Baggage
- Rule 28: Baggage - General Conditions of Acceptance
- Rule 29: Baggage Charges
- Rule 30: Acceptance of Baggage - General
- Rule 31: Restricted Items
- Rule 32: Conditions and Charges for Acceptance of Live Animals
- Rule 33: Liability - Baggage
- Rule 34: Flight Delays/Cancellations (Standby Passengers)
- Rule 35: Flight Delays/Cancellations (Confirmed Passengers)
- Rule 36: Denied Boarding Compensation
- Rule 37: Involuntary Refunds
- Rule 38: Voluntary Refunds
- Rule 39: Foreign Currency Refunds
- Rule 40: Customer Advocate Issues
- Rule 41: Passports and Visas - Responsibility of Passenger
- 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 (or USD 3500.00 for transportation on or after August 25, 2015) 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 19, Rule 30, and Rule 32, 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.
- 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.
- Artistic Items
- HA shall not be liable for the destruction, loss, or damage of any baggage caused by its
inherent defect or poor quality, and shall not liable for:
- Damage during domestic transportation arising from the normal wear and tear due to ordinary handling, including but not restricted to scratches, scuffs, punctures, dents, stains and marks, and minor cuts.
- Damage during domestic transportation arising from normal wear and tear due to ordinary handling that results in missing protruding parts including wheels or feet, pull straps, retractable luggage handles, zippers, locks, pockets, hanger hooks and security straps.
- For domestic transportation, damage as a result of overweight/oversized/over-packed baggage arising from normal wear and tear due to ordinary handling.
- For domestic transportation, damage to fragile or perishable items arising from normal wear and tear due to ordinary handling.
- 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, HA’s 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 per passenger (or USD 3500.00 for transportation on or after August 25, 2015).
- "Declaration of Higher Value" does not apply to live animals.