13 Enhanced Protection (Standard Liability)
13.1 If you provide us with a declaration of the value of your Package on the valuation form we provide, and make payment of our additional charges for us to accept Standard Liability, then subject to Clauses 12.3, 13.2, 13.3 and 15, the amount of our liability to you in the event of loss or damage to that Package in breach of these terms and conditions will be determined in accordance with Clause 13.2.
13.2 In the event of loss of or damage to your Package, then subject to Clauses 12.3 and 15, our liability to you is to be assessed as a sum equivalent to the cost of the repair or replacement of the Package whichever is the lesser sum, taking into account the age, condition and value of the Package as declared by you, immediately prior to its loss or damage.
13.3 For the avoidance of doubt Standard Liability shipment protection is not available in respect of Prohibited Items or Restricted Items, notwithstanding your compliance with Clause 13.1.
14 Basic Protection (Limited Liability)
14.1 If you do not purchase Standard Liability and comply with Clause 13.1, then our liability to you is to be determined in accordance with this Clause 14.
14.2 We are entering in to the Contract with you on the basis that the limit our liability for any loss, damage or delay of your Package is as follows and subject to the exclusions set out in Clause 15 below:
14.2.1 Where the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999) or the convention on the contract for the International Carriage of Goods by Road 1956 or any national laws implementing or adopting these conventions apply (the "Convention Rules") or where (and to the extent that) other mandatory national law applies, our (including the Carrier's liability (if any)) is governed by and will be limited according to the applicable Convention Rules.
14.2.2 Except where Convention Rules or other mandatory national laws dictate otherwise, we will only be liable for our failure or the failure of the Carrier to act with reasonable care and skill in relation to the provision of the Services and our aggregate liability shall be exclusively governed by these terms and conditions and (save in the case of personal injury or death caused by our negligence) limited to proven damages not exceeding the lesser of:
14.2.2.1 GBP 50 per Package; or
14.2.2.2 8.33 Special Drawing Rights ("SDRs") per kilo of the Package affected; or
14.2.2.3 The actual cost incurred by you to acquire or repair the Package,
provided that:
14.2.2.4 In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that Package or the part which was delayed; and
14.2.2.5 We shall be entitled to require proof of the value and weight of the whole of the Package and any part or parts thereof prior to dealing with any claim; and
14.2.2.6 Our liability to you shall not exceed the Carrier's liability to us in respect of the Package.
An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately GBP 8.24.
14.3 In the event of loss of or damage to part of a Package, the proportion of the sum ascertained in Clause 14.2(b) above which the actual value of that part of the Package lost or damaged bears to the actual value of the whole of the Package.
14.4 If you regard these limits as insufficient you must make appropriate insurance arrangements. We are able to offer additional shipment protection (Standard Liability) pursuant to Clause 13 above.
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