According to the Montreal Convention, I can read the following:
Article 17 - 2.
The carrier liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier [...]
Article 22 - 2.
In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights (1,230€) for each passenger [...]
Now when I read a certain airline's Terms and Conditions, there is the following:
If the registered luggage was damaged during air transport, which has made a finding act before leaving the airport of destination and sent a written complaint under the provisions of the Montreal Convention art.31 points 1-4, the compensation will be given depending on the type of baggage, calculated the amount of damage and wear it.
Depreciation is calculated as follows:
In the first year of use: wear represents 20% of the purchase under the purchase receipt.
Starting with the second year, the depreciation amount is added each 10% per year until the ninth year of use
Doesn't this contradict Art. 22-2? If a baggage worth 100€ has been irreparably damaged, why should the airline not pay you 100€?
In that case, if I bought a ticket with this company, would I implicitly accept their T&C unlawfulness, therefore accept whatever refund they would give?