Revised March 7, 2024
(a) Alaska shall not avail itself of any exoneration defense under the Montreal Convention or Warsaw Convention with respect to that portion of such claim for death or bodily injury of a Passenger which does not exceed 128,821 SDRs for each Passenger.
(b) Alaska shall not be liable for damages to the extent that they exceed 128,821 SDRs for each Passenger if Alaska proves that: (i) such damage was not due to the negligence or other wrongful act or omission of Alaska or its contractors or agents; or (ii) such damage was solely due to the negligence or other wrongful act or omission of a third party.
(c) Alaska reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever applies, to such claims, including, but not limited to, the exoneration defense of Article 20 of the Montreal Convention and Article 21 of the Warsaw Convention, except that Alaska shall not invoke Articles 20 and 22(l) of the Warsaw Convention in a manner inconsistent with paragraph 1 hereof.
(d) With respect to third parties, Alaska reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
(e) Alaska agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the domicile or permanent residence of the Passenger.
(a) Unless a dispute arises over the identity of the person to whom an advance payment shall be made, Alaska shall, without delay, make the advance payment to the Passenger in an amount or amounts determined by Alaska in its sole discretion. In the event of death of a Passenger, the amount of the advance payment shall not be less than 16,000 SDRs, which shall be paid to a representative of the Passenger's next of kin eligible to receive such advance payment as determined by Alaska in its sole discretion.
(b) Alaska shall make the advance payment as an advance against Alaska's liability under the Montreal Convention or the Warsaw Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted from the payment of, any settlement or judgment with respect to any claim for compensation on behalf of the Passenger.
(c) Alaska, in making an advance payment, does not waive any rights, defenses, or limitations available under the Montreal Convention or the Warsaw Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person.
(d) Alaska, in making an advance payment, preserves its right to seek contribution or indemnity from any other person for such payment, which shall not be deemed to be a voluntary contribution or contractual payment on the part of Alaska.
(e) Alaska may recover an advance payment from any person where it is proven that Alaska is not liable for any damage sustained by the Passenger, or where it is proven that the person was not entitled to receive the payment, or where and to the extent that it is proven that the person who received the advance payment caused, or contributed to, the damage.
Liability for Carriage Not Governed by the Montreal Convention or Warsaw Convention
For purposes of all other Carriage not governed by the Montreal Convention, Warsaw Convention or other applicable international law, the following liability limitations and other exclusions apply:
(a) Alaska shall not be liable for any death, injury, delay, loss or other damage of whatsoever nature (hereafter referred to collectively as "damage") arising out of or in connection with Carriage or other services performed by Alaska, unless such damage is proven to have been caused by the sole negligence or willful misconduct of Alaska and there has been no contributory negligence on the part of the Passenger.
(b) Alaska shall not be liable for any damage arising out of Alaska's compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a Passenger's failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger's reliance on advice provided by Alaska regarding such laws, regulations, orders, rules, requirements or security directives.
(c) Alaska shall not be liable for any punitive, consequential or special damages arising out of or in connection with Carriage or other services performed by Alaska, whether or not Alaska had knowledge that such damage might be incurred.
(d) Any limitations or exclusions of liability of Alaska shall apply to and be for the benefit of Alaska's agents, employees, contractors and representatives acting within the scope of their employment and also to any person whose aircraft is used by Alaska and its agents, employees or representatives acting within the scope of their employment.
(e) Nothing herein shall be deemed to affect the rights and liability of Alaska with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger.