Article 16 Liabilities and Limitations
16.1 Subject to any limit under the Montreal convention，and the limit provided below，Hainan Airlines will be liable for damages to the passenger occurring on the aircraft or while boarding or descending the aircraft.
16.2 Hainan Airlines will be liable for any destruction, loss or damage to checked baggage occurring during carriage in flight or within a period controlled by Hainan Airlines. However, Hainan Airlines will not liable for damage to baggage (including checked baggage, unchecked baggage and hand baggage) if it is caused by the defect, quality or flaw of the baggage.
16.3 Hainan Airlines will liable for the damages of unchecked baggage and hand baggage caused by the mistake of Hainan Airlines, its employees or agents.
16.4 Hainan Airlines will be liable for the damage to the passenger and baggage caused by Hainan Airlines' delay in the transportation. However, Hainan Airlines will not be liable for these damages if Hainan Airlines’ proves that it or its employee or agent has taken all reasonable measures to avoid the damage or that it was impossible for him/her to take such a measure.
16.5 When a ticket is used for carriage by Hainan Airlines and another carrier or is a non-stop passenger ticket, those carriages should be viewed as separate. Hainan Airlines is liable only for damage occurring on its own carriage flights. Hainan Airlines issuing a ticket or checking baggage over the lines of another carrier does so only as an agent for that other carrier. For checked baggage, the passenger may seek compensation from the carrier that is listed first or last on the ticket or baggage check.
16.6 If it is confirmed that the damages mentioned in this article are caused or facilitated by the faults of the claimant or the one from whom the claimant obtains rights, Hainan Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the losses. If it is confirmed by Hainan Airlines that a person other than the passenger requires compensation for the passenger's injury or death and such injury or death is caused or facilitated by the passenger's own fault, Hainan Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the injury or death.
This provision is applicable to all liability provisions in this article.
16.7 Hainan Airlines' liability for compensation is limited to compensatory damages according to these conditions. Hainan Airlines does will not undertake any punitive, exemplary or any other non-compensatory damages under any circumstances.
16.8 The specific items and calculation standards for liabilities for compensation mentioned in this article are determined by the law of the People's Republic of China.
When passengers appoint to seek compensation from Hainan Airlines, proof of the reasonableness of the aforementioned requests for compensation needs to be provided according to the request of Hainan Airlines.
16.9 Compensation liability limitations for physical harm
Under the situations listed below, Hainan Airlines does not assume responsibility for any part of damage compensation exceeding the then-applicable limit of special drawing rights created for each passenger according to 16.1:
16.9.1 Injury or death caused to passengers that is not caused by the mistake or other misconduct or inaction by Hainan Airlines, its employees or agents.
16.9.2 Injury or death to a passenger that is caused by the mistake or other misconduct or inaction by a third party.
16.10 Delay and baggage, goods and compensation liability limitations
For damage caused due to delay during the passenger's carriage, the compensation owed by Hainan Airlines to each passenger will be limited to the then-applicable limit under the Montreal convention.
For damage caused by the destruction, loss, damage or delay of baggage during baggage carriage, the compensation owed by Hainan Airlines to each passenger will be limited to the then-applicable limit under the Montreal convention.
16.11 For passengers that accept checked baggage and do not raise any objection initial at the place of acceptance, this will be regarded as initial evidence of Hainan Airlines having already completed its obligation of transporting the baggage and handing it over to the passenger in its complete state.
If the passenger discovers that the checked baggage has been destroyed or damaged, he/she should raise an objection to Hainan Airlines in writing within seven days of the day he/she collected the checked baggage. If the passenger discovers a delay with the baggage, he/she should raise an objection to Hainan Airlines in writing within 21 days of the collection of the baggage.