Page:United States Statutes at Large Volume 49 Part 2.djvu/1003

INTERNATIONAL AIR TRANSPORTATION. OCTOBER 12, 1929. 3019 Article 18 (1) The carrier shall be liable for damage sustained in the event ~becked baggage, of the destruction or loss of, or of damage to, any checked bag~age e . or any goods, if the occurrence which caused the damage so sustamed took place during the transportation by air. (2) The transportation by air within the meaning of the preceding paragraph shall comprise the period during which the baggage or goods are in charge of the carrier, whether in an airport or on board an aircraft, or, in the case of a landing outside an airport, in any place whatsoever. (3) The period of the transportation by air shall not extend to any transportation by land, by sea, or by river performed outside an air- port. If, however, such transportation takes place in the performance of a contract for transportation by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the transportation by air. Article 19 The carrier shall be liable for damage occasioned by delay in the Transportation de- lay. transportation by air of passengers, baggage, or goods. Article 20 (1) The carrier shall not be liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) In the transportation of goods and baggage the carrier shall not be liable if he proves that the damage was occasioned by an error in pilotjng, in the handling of the aircraft, or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage. Article 21 Exemptions. If the carrier proves that the damage was caused by or contributed geTarmstroBot (talk)tributory negli· to by the negligence of the inj ured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. Article 22 (1) In the transportation of passengers the liability of the carrier Maximum liability. for each passenger shall be limited to the sum of 125,000 francs. Where, in accordance with the law of the court to which the case is submitted, damages may be awarded in the form of periodical pay- ments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. (2) In the transportation of checked baggage and of goods, the liability of the carrier shall be limited to a sum of 250 francs per kilo- gram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge himself the liability of the carrier shall be limited to 5,000 francs per passenger. (4) The sums mentioned above shall be deemed to refer to the French franc consisting of 65~ milligrams of gold at the standard of fineness of nine hundred thousandths. These sums may be converted into any national currency in round figures. 10-l111!1°-:\6-J'T n----(;2