16.1
Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention and/or R.O.C. laws and regulations unless such carriage is not international carriage to which the Convention applies.

16.2
In carriage which is not international carriage to which the Convention applies:

16.2.1
CAL shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of CAL. If there has been contributory negligence on the part of the passenger, CAL's liability shall be subject to the "Civil Aviation Law" and the "Rules Governing the Compensation for the Damages Sustained by Passengers and Cargo Carried by Air" of the Republic of China.;

16.2.2
except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result:

16.2.2.1
the liability of CAL is limited to a minimum of NT$750,000 or a maximum of NT$1,500,000 according to the extent of damage for death of or serious injury to the passenger; to a maximum of NT$500,000 according to the extent of damage for injuries other than death or serious injury to the passenger.

16.2.2.2
with respect to delay, CAL shall be under no liability except as provided in these Conditions of Carriage.

16.3
To the extent not in conflict with the foregoing and whether or not the Convention applies;

16.3.1
CAL is liable only for damage occurring on its own line. A Carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier;

16.3.2
CAL is not liable for damage to unchecked baggage unless such damage is caused by the negligence of CAL. If there has been contributory negligence on the part of the passenger, CAL's liability shall be subject to the laws of the Republic of China relating to contributory negligence;

16.3.3
CAL is not liable for any damage arising from its compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same;

16.3.4
except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, the liability of CAL in the case of damage to checked baggage shall be limited to US$20 per kilogram and in the case of damage to unchecked baggage shall be limited to US$400 per passenger. If the weight of the baggage is not recorded on the baggage check, it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of service concerned, as provided in CAL's Regulations. If in the case of checked baggage a higher value is declared pursuant to 9.7, the liability of CAL shall be limited to such higher declared value;

16.3.5
CAL's liability shall not exceed the amount of proven damages. CAL shall furthermore not be liable for indirect or consequential damages;

16.3.6
CAL 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. Any passenger whose property causes injury to another person or damage to another person's property or to the property of CAL shall indemnify CAL for all losses and expenses incurred by CAL as a result thereof;

16.3.7
CAL is not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in the passenger's checked baggage;

16.3.8
If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, CAL shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition;

16.3.9
any exclusion or limitation of liability of CAL shall apply to and be for the benefit of agents, employees and representatives of CAL and any person whose aircraft is used by CAL and such person's agents, employees and representatives. The aggregate amount recoverable from CAL and from such agents, employees, representatives and person shall not exceed the amount of CAL's limit of liability.

16.4
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of CAL under the Convention or applicable laws.

16.5
For CAL who are Parties to Montreal Agreement; Special Agreement applicable to carriage to, from or with an agreed stopping place in the United States of America (see applicable U.S. tariffs).