(b) Delay
(i) Features of repairable damage :
- Delay is not a source of prejudice as such : direct damage only shall be repairable, exclusively of any consequential damage,
- The passenger shall prove the damage caused by the delay.
(ii) Extent of QC's liability :
- QC shall not be liable for damage occasioned by a delay if he proves that he or his agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures.
- QC shall not be liable for damage occasioned by a delay caused by the passenger or which he/she has contributed to.
(iii) Extent of the repair :
- The amount of the repair is determined by the damage as proven by the passenger and within the limitations contained in the Convention.
- In case of delay in the delivery of any checked baggage, QC may compensate the passenger for essential expenses occasioned by this delay, by way of a lump sum.