Article 15: Our liability in relation to passengers
15.1 Our liability and that of each Carrier involved in your journey will be determined by their own respective conditions of carriage.
15.2 In the case of Passenger claims under Article 15 and Baggage claims under Article 8.11 arising out of International Carriage as defined in Article 1 we shall apply the terms of the Montreal Convention and your rights and our obligations and rights shall be as set out in the Montreal Convention as found in Schedule 6 to the Civil Aviation Act 1990. The terms of the Montreal Convention shall be applied to all international carriage carried out by us irrespective of any other conventions which may apply to your carriage, and notwithstanding the fact that no convention may apply to your carriage.
15.3 Our liability for claims in respect of a Passenger's death, wounding or other bodily injury shall not exceed 113,100 SDRs as defined in Article 15.11 if we prove that such damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
15.4 Our liability to passengers as set out in Article 15.2 shall be applicable to claims made by the Passenger only, or in the event of the death of the Passenger, any natural person entitled to claim in respect of that death in accordance with applicable law and shall not apply to any claim by any public social insurance body or similar however founded or asserted, whether by virtue of subrogated rights, statutory authority or otherwise. Any passenger claim which is assigned or transferred shall be determined under the provisions of the applicable law.
15.5 If we prove that the Damage was caused by, or contributed to, by the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.
15.6 We will not be liable for any illness, injury or disability, including death, attributable to your age or physical condition or for the aggravation of such condition.
15.7 In respect of carriage performed by us or our Related Services wholly within New Zealand which is not international carriage, our liability will be limited to that provided by Part 9B of the Civil Aviation Act 1990 and the Carriage of Goods Act 1979 or any successors to those Acts. Liability for personal injury or death of a passenger may be excluded in accordance with the Injury Prevention, Rehabilitation and Compensation Act 2001 and/or any successors to that Act. Subject to Article 17, the Consumer Guarantees Act 1993 may also apply to your carriage.
General liability terms
15.8 These Conditions including any exclusion or limitation of liability shall apply to and be for the benefit of our Authorised Agents, Our Operators, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, our Authorised Agents, employees and representatives shall not exceed the amount of our limit of liability.
15.9 Our liability shall be limited to proven losses. Subject to the requirements of the Montreal Convention and any applicable laws, we shall not be liable for exemplary, indirect or consequential losses.
15.10 For the purposes of Articles 8 and 15 the value of one SDR in the relevant currency on a particular day shall be such sum as the International Monetary Fund has fixed as being the value of one SDR in the relevant currency; (i) that day, or (ii) if no such sum has been fixed that day, the last day on which a sum has been so fixed. We will accept the value of one SDR as published on the official website of the International Monetary Fund (IMF) for the relevant day. The internet address of the IMF website is currently http://www.imf.org/external/np/fin/rates/rms_five.cfm but it may change from time to time.
15.11 Except as otherwise expressly provided herein, nothing contained in these Conditions shall waive any defence or exclusion of limitation of our liability under the Montreal Convention or applicable laws. With respect to third parties we reserve all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.