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Conditions of Carriage
15. BAGGAGE
(A) Restriction of Acceptance as Baggage
| (1) | NCA will refuse to accept as Baggage:
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| (2) | NCA may refuse Carriage of, and take any necessary step with respect to, items of which Carriage as Baggage is prohibited by the preceding sub-paragraph (1) and may refuse onward Carriage of any such item upon discovery thereof. | ||||||||||||
| (3) | NCA will refuse to accept fragile or perishable items, money, jewelry, precious metals, negotiable papers, securities or other valuables, business documents, passports or other identification documents necessary for travel or samples as Checked Baggage. | ||||||||||||
| (4) | NCA may refuse to carry Baggage as Checked Baggage in case it is not properly packed in a suitcase or other suitable container to ensure safe Carriage with ordinary care in handling. | ||||||||||||
| (5) | If any item referred to in sub-paragraph (1) of this paragraph is carried, whether or not Carriage of such item as Baggage is prohibited, such Carriage shall be subject to the limitations of liability and any other provision of these Conditions of Carriage applicable to Carriage of Baggage. |
(B) Search of Baggage, Etc.
| (1) | NCA may inspect the contents of passenger's baggage by opening his/her baggage and/or by using some device in the presence of the passenger concerned or a third person, whenever NCA deems it necessary to do so, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason. Notwithstanding the foregoing, NCA may inspect the Passenger's Baggage in his/her or a third person's absence to see whether he/she is in possession of, or his/her Baggage contains, any item referred to in sub-paragraph (1) of paragraph (A) of this Article. |
| (2) | NCA may search passenger's articles by touching the passenger through his/her clothes and personal fittings including wigs or by using such instruments as a metal detector, whenever NCA deems it necessary to do so, for the purpose of preventing unlawful acts of seizure, exercise of control or destruction of aircraft. |
| (3) | When a passenger does not agree with NCA's inspection as specified in sub-paragraph (1) of this paragraph, NCA will refuse to carry such a passenger's baggage. |
| (4) | When a passenger does not agree with NCA's search as specified in sub-paragraph (2) of this paragraph, NCA will refuse to carry such a passenger. |
| (5) | When such dangerous, perishable or unsuitable articles as specified in sub-paragraph (1) of paragraph (A) of this Article have been found as a result of such inspection or search as specified in sup-paragraph (1) or (2) of this paragraph, NCA may refuse to carry such baggage, or may make necessary disposal of such baggage. |
(C) Checked Baggage
Nothing contained in these Conditions of Carriage shall entitle a Passenger to have his/her Baggage checked on a flight for which NCA does not accept checking of Baggage.
(D) Collection and Delivery of Baggage
| (1) | A Passenger shall claim and receive his/her Baggage as soon as reasonably possible after it becomes receivable at the Destination or Stopover point. |
| (2) | The bearer of the Baggage Check and the Baggage Identification Tag(s) issued to a Passenger when his/her Baggage is checked shall be exclusively entitled to accept delivery of the Baggage; provided that a Passenger who fails to present a Baggage Identification Tag(s) may accept delivery of the Baggage if he/she presents to NCA the Baggage Check and if the Baggage is identified by other means. NCA shall not be obligated to ascertain that the bearer of a Baggage Check and a Baggage Identification Tag(s) is truly entitled to accept delivery of the Baggage. NCA shall not be liable for any damage arising out of or in connection with its failure to so ascertain. |
| (3) | If a person claiming Baggage is unable to receive Baggage pursuant to the preceding sub-paragraph (2), NCA will deliver the Baggage to such person only if he/she establishes to NCA's satisfaction that he/she is duly entitled to receive the Baggage and if such person shall, upon NCA's request, provide NCA with adequate security to indemnify NCA from any loss and damage incurred by NCA in connection with such delivery. |
| (4) | NCA may, unless precluded by Applicable Laws and if time and other circumstances permit, deliver Checked Baggage to the bearer of a Baggage Check and a Baggage Identification Tag(s) at the place of departure or unscheduled stopping place if he/she requests such delivery. In delivering Baggage at the place of departure or unscheduled stopping place, NCA will not refund any charges paid for such Baggage. |
| (5) | Acceptance of delivery of Baggage by the bearer of a Baggage Check and a Baggage Identification Tag(s) without his/her written complaint at the time of the delivery shall constitute prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract with Passenger Carriage. |
(E) Declaration of Baggage the Value of which Exceeds the Limit of Liability and Excess Value Charges
A Passenger may declare a value of Baggage in excess of the liability limitation of NCA pursuant to sub-paragraphs (4) and (5) of paragraph (B) of Article 19. In the event that such declaration if made, Carriage of the Baggage to be performed by NCA shall be subject to a charge at the rate of U.S.$0.50 for each U.S.$100 or any fraction thereof as excess value charges with respect to such excess value; provided that the value of Baggage to be declared by one Passenger shall not exceed U.S.$2,500.
