paragraph  

of airA!ps

 

 
  
 
           
 
 
 
 

 

article 20) time limitation on claims and actions
1. Receipt by the person entitled to delivery of checked baggage without complaint is prima facie
evidence that same has been delivered in good condition and in accordance with the document of
carriage.
2. In case of damage to checked baggage (destruction, deterioration, tampering, total or partial loss,
delay), the person entitled to delivery must:
• as soon as the damage is discovered, immediately file a report with the Carrier at the airport of
destination, using the appropriate form that includes a detailed list of the contents of the baggage,
and
• complain within 7 (seven) days from the date of receipt of checked baggage in the manner
specified by the Carrier or by its authorized agents when the damage report is filed. In case of
delay, the complaint must be made at the latest within 21 (twenty-one) days from the date on
which the baggage has been placed at his/her disposal.
If the damage can be noted when checked baggage is received, the person entitled to delivery must
make an immediate complaint. Otherwise, when the complaint is presented the passenger will have
to prove that the damage occurred during the period in which the Carrier had charge of the checked
baggage, and not before or after such period.
3. The complaint must be made in writing and presented or transmitted by the above-mentioned
deadlines. In the absence of an immediate report, where possible, and of a complaint by such
deadlines, no action may be brought against the Carrier, unless the Carrier has committed fraud.
4. With regard to the carriage of passengers and unchecked baggage, the right to damages shall be
extinguished if an action is not brought within two years from the date of arrival at the destination or
from the date on which the aircraft ought to have arrived, or from the date the carriage was
interrupted. The method of calculating that period shall be determined by the law of the court seized
of the case. In case of checked baggage, the right to damages shall be extinguished if an action is not
brought within two years from the date of delivery or from the date that delivery should have been
made. The method of calculating that period shall be determined by the law of the court seized of the
case.
5. In the carriage of passengers and baggage, any action for damages, however founded, under the
contract of carriage, can only be brought subject to the conditions and such limits of liability as are
set out in the Montreal Convention and implemented by these G.C.C., without prejudice to the
question as to who are the persons who have the right to bring suit and what are their respective
rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be
recoverable.
6. An action for damages must be brought, at the option of the plaintiff, before:
a) the court of the domicile of the Carrier, or
b) the court of Carrier’s principal place of business, or
c) the court where the Carrier has a place of business through which the contract was stipulated,
or
d) the court of the place of destination.
In respect of damage resulting from the death or injury of a passenger, an action may be brought
before one of the courts mentioned in the previous paragraph, or
e) in the territory of a Member State of the European Union or party to the Montreal Convention
in which at the time of the accident the passenger has his or her principal and permanent
residence and to or from which the Carrier operates services for the carriage of passengers by
air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial
agreement, and in which the Carrier conducts its business of carriage of passengers by air from
premises leased or owned by the Carrier itself or by another carrier with which it has a
commercial agreement.
For purposes of the above:
a) ‘commercial agreement’ means an agreement, other than an agency agreement, made between
carriers and relating to the provision of their joint services for carriage of passengers by air;
b) ‘principal and permanent residence’ means the one fixed and permanent abode of the passenger
at the time of the accident. The nationality of the passenger shall not be the determining factor in
this regard. Questions of procedure shall be governed by the law of the court seized of the case.

 
 
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