Chapter 10 Liability for Losses and Limit of Compensation
Article 105 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.
Article 106 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 the destruction, loss, or damage to checked baggage if it is caused by the defect, quality, or flaw of the baggage.
Article 107 Hainan Airlines will liable for the destruction, loss, or damage of non-checked baggage caused by the mistake of Hainan Airlines, its employees, or agents.
Article 108 Hainan Airlines will be liable for the losses to the passenger and baggage caused by Hainan Airlines' delay in the air transportation. However, Hainan Airlines will not be liable for losses if Hainan Airlines' proves that it or its employee or agent has taken all reasonable measures to avoid the losses or that it was impossible for to take such a measure.
Article 109 When a ticket is used for carriage by Hainan Airlines and another carrier or is a conjunction ticket, those carriages should be viewed as one. Hainan Airlines is liable only for losses occurring on its own transportation flights. Hainan Airlines issuing a ticket or checking baggage over the flights 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 ticket.
Article 110 If it is confirmed that the losses 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 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 article is applicable to all liability provisions in this conditions.
Article 111 Hainan Airlines' liability for compensation is limited to compensatory damages according to these conditions. Hainan Airlines does not undertake any punitive, exemplary, or any other non-compensatory damages under any circumstances.
Article 112 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.
Article 113 Compensation liability limitations for personal damage
For any of the following circumstances, Hainan Airlines does not assume liability for any part of damage compensation exceeding the then-applicable limit under the Montreal convention for each passenger according to Article 105.
1. Injury or death of a passenger that is not caused by the mistake or other misconduct or inaction by Hainan Airlines, its employees, or agents.
2. Injury or death of a passenger that is caused by the mistake or other misconduct or inaction by a third party.
Article 114 Compensation liability limitations for delay, baggage and goods
For losses caused due to delay during baggage carriage, the compensation of 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 transportation, the compensation of Hainan Airlines to each passenger will be limited to the then-applicable limit under the Montreal convention.