Article 16 to 20

ARTICLE 16.  SUCCESSIVE CARRIERS

1. Carriage to be performed by several successive carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith, is regarded as a single operation for purposes of determining the application of the Convention to the transportation.
2. Where KLM is the issuing carrier or the first carrier designated in the ticket or in any conjunction ticket involving carriage by successive carriers, KLM shall not be liable for those parts of the journey performed by other carrier(s).
3. In the case of destruction, loss or delay of, or damage to his baggage, the passenger has a right of action against both the first carrier and last carrier and against the 
carrier which performed the carriage during which the destruction, loss, delay or damage took place. These carriers will be jointly and severally liable to the passenger.

ARTICLE 17.  LIABILITY 

1. GENERAL
(a) Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention, even where such carriage is not international carriage to which the Convention mandatorily applies, except for carriage by train. The liability of carriage by train is governed by the COTIV-CIV Convention and in so far not regulated by the COTIV-CIF Convention by applicable national law and not by the Convention and these General Conditions of Carriage.
(b) Carrier shall be liable only for recoverable compensatory damages for proven losses and costs. 
(c) If Carrier proves that the damage was caused or con-
tributed by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, Carrier shall be wholly or partly exonerated from its 
liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to 
the damage. This paragraph applies to all the liability provisions in these conditions, including article 17, paragraph 2 (a) below. 
(d) Carrier is liable only for damage occurring on its own flight. A carrier issuing a ticket or checking baggage for flights of another carrier does so only as agent for such other carrier. Provisions in respect of liability in case of successive carriage are laid down in article 16.
(e) Carrier is not liable for any damage arising from its compliance with any laws or government regulations, orders, demands or requirements, or from failure of the passenger to comply with the same.
(f) Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, servants and representatives of Carrier and any person whose aircraft is used by Carrier and such person's agents, servants and representatives. The aggregate amount recoverable from Carrier and from such agents, servants, representatives and such persons shall not exceed the amount of Carrier's limits of liability.
(g) Unless expressly provided otherwise, nothing herein contained shall waive any exclusion or limitation of 
liability of Carrier under the Convention or applicable laws.

2. DAMAGES FOR BODILY INJURY OR DEATH
(a) Carrier shall be liable for proven damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
(b) For damages arising under article 17 paragraph 2.a not exceeding 100,000 SDR’s for each passenger  Carrier shall not exclude or limit its liability. However Carrier remains entitled to invoke Article 17 paragraph 1.c.
  Carrier shall not be liable for damages arising under article 17 paragraph 2.a  to the extent that they exceed for each passenger 100,000 SDR’s if Carrier proves that:
 (1) such damage was not due to the negligence or other wrongful act or omission of Carrier or its servants or agents; or
 (2) such damage was solely due to the negligence or other wrongful act or omission of a third party.
(c) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, Carrier shall not be liable for personal damages as illness, injury, disability or death, or any aggravation of such illness, injury or disability, provided such personal damages are attributable to such condition.  
(d) KLM shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered 
(e) Without prejudice to article 17 paragraph 2 (d), an advance payment to the natural person entitled to compensation shall not be less than the equivalent in Euro of 16.000 SDR's per passenger in the event of death 
(f) An advance payment shall not constitute recognition of liability and may be offset against any subsequent 
sums paid on the basis of the liability of KLM, but is not returnable, except in the case described in article 17 paragraph 1 (c) or in circumstances where it is sub-sequently proved that the person who received the advance payment caused, or contributed to, the damage by tortuous act or was not the person entitled to compensation.

3. DAMAGE TO BAGGAGE
(a)  The liability of Carrier in the case of destruction or loss of or damage to checked and unchecked - baggage, irrespective whether the Convention is mandatory applicable or not, is limited to 1,000 SDR’s for each passenger.
(b)  This limit of liability does not apply when it is proven that the damage resulted from an act or omission of Carrier, his servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result, provided that in the case of such act or omission of a servant or agent, it is also proven that he was acting within the scope of his employment.
(c) The limit of liability as mentioned under subparagraph (a) of this paragraph does also not apply in case the passenger has made, at the time when the checked baggage was handed over to the Carrier, a special declaration of interest in delivery at destination in accordance with article 9 paragraph 7. In that case Carrier will be liable to pay a sum not exceeding the declared sum, unless Carrier proves that the sum is greater than the passenger’s actual interest in delivery at destination.
(d) Carrier shall not be liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the checked baggage. Carrier will tag such baggage and delivering to the passenger a ‘limited release tag’ giving particulars on the defect, quality or vice of the checked baggage.
(e) Carrier is only liable for damage to unchecked baggage, including personal items, if such damage has been caused by the fault of Carrier or that of its servants or agents.
(f) Carrier is not liable for injury to a passenger or for damage to a passenger's baggage caused by property contained in such passenger's baggage, unless Carrier caused such damage by its wilful misconduct or gross negligence. Any passenger whose property, whether or not contained in baggage, causes damage to another passenger or his baggage or to any property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.

4. DAMAGE AS A RESULT OF DELAY AND CANCELLATION
(a) The liability of Carrier in respect of damage occasioned by delay and/or cancellation in the carriage by air of 
passengers shall be limited to 4,150 SDR’s for each 
passenger.
(b) The liability of Carrier in respect of damage occasioned by delay and/or cancellation in the carriage by air of baggage shall be limited to 1,000 SDR’s for each passenger. To this limit article 17 paragraph 3 (c) shall be applicable.
(c) Notwithstanding the provisions of subparagraphs (a) and (b) of this paragraph, Carrier shall not be liable for damage occasioned by delay and/or cancellation if Carrier proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

ARTICLE 18.  TIME LIMITATION ON CLAIMS AND ACTIONS

1. (a) No action shall lie in the case of damage to baggage (other than damage due to delay) unless the person entitled to delivery complains to Carrier at the latest, within 7 days from the date of receipt. No action shall lie in the case of damage due to delay of 
baggage unless the person entitled to delivery 
complains to Carrier at the latest within 21 days from the date on which the baggage has been placed at his disposal. 
 (b) Every complaint must be made in writing and 
dispatched forthwith after discovery of the damage or delay and at the latest within the time limits 
aforesaid.

2. Any right to damages shall be extinguished if a legal action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of 
calculating the period of limitation shall be determined by the law of the court seized of the case.

ARTICLE 19.  CHARTER CARRIAGE  

1.  Charter carriage includes carriage by an "operating 
carrier" who, by virtue of authority from the "contracting carrier", performs the whole or part of the carriage 
pursuant to a charter agreement, and carriage which is performed by  an “operating carrier” in connection with package travel, package holidays and package tours  
pursuant to EC directive 90/314, whichever is applicable.  The “contracting carrier” in this respect is the charterer or touroperator who as a principal enters into an agreement for carriage with the passenger.  
2.  Charter Ticket includes a package tour ticket, and means a ticket issued pursuant to a charter agreement or a package tour agreement, whichever is applicable.  
3 Charter carriage  is subject to the terms and conditions of the applicable charter/package tour agreement, to which these General Conditions of Carriage also apply.
4. The following aforementioned articles do not apply to charter carriage:
 Article 3, paragraphs 1, 3, 5, 6, and 7; 
 Article 4; 
 Article 5, paragraph 2;
 Article 6, paragraphs 1, 2, 5 and 8; 
 Article 12.
5. Charter Tickets shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for by the ‘contracting carrier’ or until credit arrangements established by the operating Carrier have been complied with. These tickets are in principle non-refundable and non-endorsable. If refunds are made, they shall only be made to the tour operator, pursuant to the terms of the applicable charter agreement.
6 Charter tickets are only valid for carriage on the dates indicated on the ticket coupons. Subject to seat availability, changes in the departure or return date are possible, provided that the applicable fee is paid for. Other conditions, as stated in the ticket, may apply.
7 Charter Tickets have conditions which limit and/or exclude the passenger's right to make, change or cancel reservations. Tickets in respect of a package tour pursuant to EC directive 90/314 can only be used for arrangements subject to the rules concerning "all inclusive flights".

ARTICLE 20.  DENIED BOARDING COMPENSATION (‘DBC’)  

1. RULES FOR DENIED BOARDING 
KLM undertakes to use reasonable efforts first to call for 
volunteers being prepared to surrender their confirmed reservation in exchange for an agreed compensation with KLM. KLM shall also take into consideration the interests 
of passengers who must be given boarding priority for legitimate reasons, such as unaccompanied minors and passengers with reduced mobility and those accompanying them. A written notice setting out the rules for compensation and assistance shall be provided to the passengers concerned.

2. COMPENSATION IN CASE OF DENIED BOARDING OF PASSENGERS DEPARTING FROM AN AIRPORT LOCATED IN THE EUROPEAN COMMUNITY 
This paragraph 2 applies exclusively to passengers, departing from an airport located in the territory of one of the countries in the European Community, and who have been Denied Boarding on a KLM flight. 

2.1 VOLUNTARY DENIED BOARDING
(1) KLM shall offer to a passenger who is voluntarily denied boarding pursuant to paragraph 1 the choice between: 
 (a) Reimbursement of the full cost of the unused ticket, or of the unused portion(s) of the ticket  known to KLM, whichever is applicable, at the price at which it was bought, and for the portion(s) already used if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant a return flight to the first point of departure of the ticket known to KLM, at the earliest opportunity; 
or 
 (b) Re-routing, under comparable transport conditions, to the passenger’s final destination, as specified on the Ticket known to KLM, pursuant to which the passenger was denied boarding, either:
  - at the earliest possibility; or
  - at a later date at the passenger’s convenience, and subject to availability of a seat.

2.2 INVOLUNTARY DENIED BOARDING 
(a) KLM shall offer to a passenger who is involuntarily denied boarding  the choices as set out in paragraph 2.1.
(b) Irrespective of the passenger’s choice, KLM shall in 
addition, and subject to the restrictions in paragraphs  2.4, 2.5 and 4, immediately after boarding has been denied, pay compensation, in accordance with the following schedule:

2.3 The passenger shall receive, free of charge: meals/refreshments in a reasonable relation to the waiting time; hotel accommodation in cases where an overnight stay or a stay additional to that intended by the passenger 
becomes necessary and transport between the airport and place of accommodation; 2 telephone calls, or fax messages, or e-mails. 

2.4 The distances referred to in paragraph 2.2.(b) shall be measured by the great circle route method. In determining the distance, the basis shall be the last destination at which the denial of boarding  will delay the passenger’s arrival after the scheduled time.

2.5 The compensation and/or reimbursement referred to 
in this paragraph 2 shall be paid in cash, by electronic bank transfer, bank order or bank cheques, at the 
discretion of KLM, or with the signed agreement of the passenger, in credit vouchers and/or other services. When compensation or reimbursement is paid in the form of a credit voucher for a KLM flight, the amount will be higher than the cash amount

3. COMPENSATION IN CASE OF DENIED BOARDING OF PASSENGERS DEPARTING FROM AN AIRPORT LOCATED OUTSIDE THE EUROPEAN COMMUNITY 
This paragraph does apply to passengers, departing from an airport which is located outside the territory of the European Community, and who have been Denied Boarding on a KLM flight. 

3.1 VOLUNTARY DENIED BOARDING
KLM shall offer to a passenger who is voluntarily denied boarding pursuant to paragraph 1 the choice between:
(a)  reimbursement without penalty of the cost of the ticket for the part of the journey not made, or
(b) re-routing to his place of destination at the earliest opportunity, or
(c)  re-routing at a later date at  the passenger’s convenience.

3.2 INVOLUNTARY DENIED BOARDING
KLM shall offer to a passenger who is involuntarily denied boarding  the choices as set out in paragraph 3.1, and pay compensation, in accordance with the following schedule:

3.3. At the discretion of KLM, reasonable expenses incurred by the passenger for accommodation, meals, transmission of private messages, and the like while awaiting substitute transportation as a result of involuntary denied boarding, will be borne by KLM.

3.4 The compensation in paragraph 3.2 will be based on the stretch on which the passenger was involuntarily denied boarding and on any consecutive stretch(es) on which the passenger misses this connection as a consequence here of, provided the passenger holds a Confirmed Reservation for such stretch(es). 

3.5 The amounts in paragraph 3.2 will be paid regardless of the class of service for which the passenger holds a reservation. The compensation shall never exceed the price of a ticket in the appropriate class of service for the stretch between the airport where boarding is denied, and the place of destination. 

3.6 When compensation is paid in the form of a credit 
voucher for a KLM flight, the amount will be higher than the cash amount.

4. NO COMPENSATION OR DBC
Compensation or DBC will not be offered by KLM to the passenger in amongst others the following situations:
(1) carriage is denied because a government has requisitioned all or part of the passenger carrying capacity or aircraft operated by KLM; 
(2) the passenger is travelling free or at a reduced fare which is not available directly or indirectly to the general public;

5. DISCHARGE
Acceptance of DBC relieves KLM from any further liability in connection with the denied boarding. However,  if  the passenger has not voluntarily given up his seat, any further liability of KLM in connection with the denied boarding shall be limited to the remedies available under the applicable law.

Article 11 to 15