Artikel 22

1. General
1.1 Except for the cases provided for in article 23, designated operators shall be liable for: 1.1.1 the loss of, theft from or damage to registered items, ordinary parcels and insured items;
1.1.2 the return of registered items, insured items and ordinary parcels on which the reason for non-delivery is not given.
1.1.1 the loss of, theft from or damage to registered items, ordinary parcels and insured items;
1.1.2 the return of registered items, insured items and ordinary parcels on which the reason for non-delivery is not given.
1.2 Designated operators shall not be liable for items other than those mentioned in 1.1.1 and 1.1.2.
1.3 In any other case not provided for in this Convention, designated operators shall not be liable.
1.4 When the loss of or total damage to registered items, ordinary parcels and insured items is due to a case of force majeure for which indemnity is not payable, the sender shall be entitled to repayment of the charges paid for posting the item, with the exception of the insurance charge.
1.5 The amounts of indemnity to be paid shall not exceed the amounts mentioned in the Regulations.
1.6 In cases of liability, consequential losses, loss of profits or moral damage shall not be taken into account in the indemnity to be paid.
1.7 All provisions regarding liability of designated operators shall be strict, binding and complete. Designated operators shall in no case, even in case of severe fault, be liable above the limits provided for in the Convention and the Regulations.
2. Registered items
2.1 If a registered item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity set in the Regulations. If the sender has claimed an amount less than the amount set in the Regulations, designated operators may pay that lower amount and shall receive reimbursement on this basis from any other designated operators involved.
2.2 If a registered item is partially rifled or partially damaged, the sender is entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.
3. Ordinary parcels
3.1 If a parcel is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity of an amount set in the Regulations. If the sender has claimed an amount less than the amount set in the Regulations, designated operators may pay that lower amount and shall receive reimbursement on this basis from any other designated operators involved.
3.2 If a parcel is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.
3.3 Designated operators may agree to apply, in their reciprocal relations, the amount per parcel set in the Regulations, regardless of the weight.
4. Insured items
4.1 If an insured item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the insured value in SDRs.
4.2 If an insured item is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage. It may, however, in no case exceed the amount of the insured value in SDRs.
5. If a registered or insured letter-post item is returned and the reason for non-delivery is not given, the sender shall be entitled to a refund of the charges paid for posting the item only.
6. If a parcel is returned and the reason for non-delivery is not given, the sender shall be entitled to a refund of the charges paid by the sender for posting the parcel in the country of origin and the expenses occasioned by the return of the parcel from the country of destination.
7. In the cases mentioned in 2, 3 and 4, the indemnity shall be calculated according to the current price, converted into SDRs, of articles or goods of the same kind at the place and time at which the item was accepted for conveyance. Failing a current price, the indemnity shall be calculated according to the ordinary value of articles or goods whose value is assessed on the same basis.
8. When an indemnity is due for the loss of, total theft from or total damage to a registered item, ordinary parcel or insured item, the sender, or the addressee, as the case may be, shall also be entitled to repayment of the charges and fees paid for posting the item with the exception of the registration or insurance charge. The same shall apply to registered items, ordinary parcels or insured items refused by the addressee because of their bad condition if that is attributable to the designated operator and involves its liability.
9. Notwithstanding the provisions set out under 2, 3 and 4, the addressee shall be entitled to the indemnity for a rifled, damaged or lost registered item, ordinary parcel or insured item if the sender waives his rights in writing in favour of the addressee. This waiver shall not be necessary in cases where the sender and the addressee are the same.
10. The designated operator of origin shall have the option of paying senders in its country the indemnities prescribed by its national legislation for registered items and uninsured parcels, provided that they are not lower than those laid down in 2.1 and 3.1. The same shall apply to the designated operator of destination when the indemnity is paid to the addressee. However, the amounts laid down in 2.1 and 3.1 shall remain applicable:
10.1 in the event of recourse against the designated operator liable; or
10.2 if the sender waives his rights in favour of the addressee.
11. Reservations concerning the exceeding of deadlines for inquiries and payment of indemnity to designated operators, including the periods and conditions fixed in the Regulations, shall not be made, except in the event of bilateral agreement.