Liability of the. CARRIER 9.1. The Carrier is liable only within the conditions specified in this section of these Terms and Conditions, and the Carrier is expressly released from liability in the following cases: 9.1.1. Damages caused by third parties. 9.1.2. Damage caused as a result of and/or non-fulfilment of obligations due to force majeure or bad weather conditions, as a result of which the safe performance of the Flight is impossible, as well as for reasons, direct or indirect, related to legal or regulatory obligations, decrees, regulations or rules, or damages/non-fulfilment for reasons beyond the control of the Carrier. 9.1.3. Claims as a result of delay of a Passenger or baggage or landing on reserve airport, in the cases when such claims are not caused culpably by the Carrier. 9.1.4. Claims for incurred costs of any nature, related to the Client, its employees, representatives or contractors, arising from the fulfilment/non-fulfilment of these Terms and Conditions by the Carrier, when they are not caused culpably. 9.1.5. Indirect of consequential claims of any nature due to delays due to technical reasons beyond the Carrier's control and reasons endangering flight safety. 9.2. The Carrier is only liable for damages caused during the flight service performed by it. The liability of the Carrier shall in no case exceed the value of the proven damage. 9.3. The Carrier is liable for damages for which evidence of occurrence, causal relationship and amount may be provided. 9.4. The Carrier shall not be liable when it proves that all necessary measures have been taken to prevent damage or that it has been unable to take such measures. 9.5. Carrier’s discharge from liability also applies to its agents, employees, representatives, as well as the owner of the aircraft, including its agents, employees and representatives. The total amount of the indemnity that should be paid by the Carrier may not exceed ▇▇▇▇▇▇▇’s liability. 9.6. The Carrier shall be liable for the damages caused in case of death or bodily injury suffered by a Passenger, provided that the accident causing the damages occurred onboard the aircraft or at the time of boarding or disembarking the aircraft and the actions related to it. This liability is exercised in accordance with the laws of the Republic of Bulgaria and in accordance with international agreements and treaties to which the Republic of Bulgaria is a party. 9.7. Liability in connection with damage to Passenger baggage 9.7.1. Carrier’s liability during transportation of baggage is in accordance with the requirements of the Convention for the Unification of Certain Rules for International Carriage by Air, drawn up in Montreal on 28 May 1999 (ratified by law – SG No 67/2003) (SG, No 6/2004) and Council Regulation (EU) No 202/97 of 9 October 1997 on the liability of air carrier in the event of accidents. 9.7.2. The Carrier is liable for the damages that occurred as a result of damaged or missing checked baggage if the damage has occurred during the time the baggage was under its custody. 9.7.3. The Carrier shall not be liable for damages caused by delay if it is able to prove that it has taken the necessary measures in order to avoid the damages or it has been impossible to undertake such measures. 9.7.4. The Carrier shall not be liable for damages or missing baggage of the Passenger that occurred due to the special properties of luggage, defects of the packaging, which could not be noticed upon acceptance, failure to indicate in the transport document the special properties of luggage requiring special storage conditions. 9.7.5. The Carrier is not responsible for the loss or damage of fragile or perishable items (computers or other electronic equipment), jewellery, bijoux, money, securities or other valuables, medicines, keys, passports, newspapers, magazines, ID cards or other documents as well as samples or other items in the checked baggage of the Passenger regardless of whether the Carrier is informed about them or not, except in cases where the damage was caused due to gross negligence or willful misconduct. For avoidance of doubt, this listing is not exhaustive. 9.7.6. The Carrier shall not be liable for damages caused by items in the Passenger’s baggage. In the event that such items damage the baggage of another Passenger or to the property of the Carrier, the Passenger is obliged to indemnify the Carrier for all damages and costs incurred by the latter. 9.7.7. A statement of findings shall be prepared in respect of all missing and damaged baggage and personal belongings of the Passenger. 9.7.8. If the Passenger fails to notify the Carrier in writing about missing or damaged baggage within the period under item 9.7.9 below, it shall be deemed that the baggage has been delivered in good condition and in compliance with the Agreement. 9.7.9. For missing or damaged baggage the Passenger, the consignor, the consignee or their legal representatives shall file a claim in writing with the Carrier not later than seven (7) days from the date of receipt of the baggage, and in case of lost baggage – from the date the baggage should have been received. Claim for delayed baggage should be filed not later than twenty-one (21) days from the date of handing over the baggage to the eligible person.
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