Liability for Damage

LIABILITY FOR DAMAGE

1. Death/Injury to Passenger

In the event of death or any other bodily injury suffered by a passenger during the course of carriage by air, Air Taxi’s liability will be governed by the relevant provisions of the Carriage by Air Act, 1972 or any modifications etc. as notified by the Ministry of Civil Aviation, Government of India, & as amended from time to time & the rules contained there under.

Notwithstanding the provisions above, if Air Taxi proves that the damage was caused by, or contributed to by, the negligence of the injured or deceased passenger, Air Taxi may be exonerated wholly or partly from its liability.

Air Taxi is not responsible for any illness, injury or disability, including death, attributable to the passenger’s physical condition or for the aggravation of such condition.

Air Taxi does not assume, & expressly disclaims, any liability to any passenger, person(s) or entities for any direct or indirect loss or damage, injury, disease, poor health or death caused to any such passenger or person(s) on account of any disease, epidemic or pandemic or contracting any such disease, on board an Air Taxi flight or in the course of any of the operations of embarking or disembarking or otherwise in the course of their journey with Air Taxi.

2. Lost/Damaged Baggage

Passengers are solely responsible for carriage of their cabin (hand) baggage/personal belongings & Air Taxi will not be liable for any loss/damage of their cabin (hand) baggage/personal belongings.

Passenger shall be responsible for any damage caused by the passenger’s baggage to other persons or property, including Air Taxi’s property & Air Taxi will not be liable to any third person for any damage caused by the passenger’s baggage.

Air Taxi will not be liable for any damage arising from Air Taxi’s compliance with applicable laws or Government rules & regulations or from the passenger’s failure to comply with the same.

3. Delay

Air Taxi’s liability for damage caused by delay, in the carriage/baggage is limited under the provisions of Carriage by Air Act, 1972 & the rules framed there under with certain exceptions, adaptations, modifications etc. as notified by the Ministry of Civil Aviation, Government of India, & as amended from time to time.

4. Time Limitation on Claims & Action

Any right to damages shall be extinguished if an action is not brought against Air Taxi within 3 years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined under the laws & by the court of competent jurisdiction as specified in ‘Governing Laws/Dispute Settlement’ section.