Page:United States Statutes at Large Volume 49 Part 2.djvu/1004

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3020 INTERNATIONAL AIR TRANSPORTATION. OCTOBER 12, 1929. Article 23 . Provisio.n ~or relio:;v- Any provision tending to relieve the carrier of liability or to fix a mg, etc., 1mbillty VOId. I I" h hI'h' I 'dd . thi . hIIb Actions for certain damages. Carrier's wilful mis- eonduct. Evidence of deliv.?ry in good condition. In case of damag'l. ower Imlttant atwllC ISa1 own III s conventlOn s a e null and void, but the nullity of any such provision shall not involve the nullity of the whole contract, which shall remain subject to the provisions of this convention. Article 24 (1) In the cases covered by articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this convention. (2) In the cases covered by article 17 the provisions of the pre- ceding paragraph shall also apply, without prejudice to the questions as to who are the persons who have the right to bring fluit and what are their respective rights. Article 25 (1) The carrier shall not be entitled to avail himself of the pro- visions of this convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court to which the case is submitted, is considered to be equivalent to wilful misconduct. (2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused under the same circum- stances by any agent of the carrier acting within the scope of his employment. Article 26 (1) Receipt by the person entitled to the delivery of baggage or goods without complaint shall be primajacie evidence that the same have been delivered in good condition and in accordance with the document of transportation. (2) In case of damage, the person entitled to delivery must com- plain to the carrier forthwith after the discovery of the damage, and, at the latest, within 3 days from the date of receipt in the case oi baggage and 7 days from the date of receipt in the case of goods. In case of delay the complaint must be made at the latest within 14 days from the date on which the baggage or goods have been placed at his disposal. Complaints in "Tit- (3) Every complaint must be made in writing upon the document ing. of transportation or by separate notice in writing dispatched within the times aforesaid. Liability of estate of deceased person. Venue of action. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. Article 27 In the case of the death of the person liable, an action for damages lies in accordance with the terms of this convention against those legally representing his estate. Article 28 (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination,