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Subject to subsection (2), the liability of the carrier in respect of loss, or damage to, baggage, whether caused directly or indirectly by the act, neglect or default of the carrier or not, is limited to the sum of $100.00 per passenger.

The liability of the carrier is limited to the declared value of baggage except when the passenger:

  • Has declared the value of the baggage to be an amount exceeding $100.00 per passenger for any one or more passengers; and
  • Has paid an additional charge of $10.00 per $100.00 or fraction thereof for the excess amount.

No action shall be maintained for any loss, or partial loss of or damage to baggage or for any delay in the carriage thereof unless notice of a claim is presented in writing to the head office of the carrier within 30 days from the date the baggage should have been  delivered.

In no cases shall the carrier's liability exceed the actual loss of the passenger. All claims are subject to proof of amount of loss.