1.When partial loss of, or damage to, an article carried in the charge of the carrier (luggage, vehicles) is discovered or presumed by the carrier or alleged by the person entitled, the carrier must without delay, and if possible in the presence of the person entitled, draw up a report stating, according to the nature of the loss or damage, the condition of the article and, as far as possible, the extent of the loss or damage, its cause and the time of its occurrence.
2.A copy of the report must be supplied free of charge to the person entitled.
3.Should the person entitled not accept the findings in the report, he may request that the condition of the luggage or vehicle and the cause and amount of the loss or damage be ascertained by an expert appointed either by the parties to the contract of carriage or by a court or tribunal. The procedure to be followed shall be governed by the laws and prescriptions of the State in which such ascertainment takes place.
1.Claims relating to the liability of the carrier in case of death of, or personal injury to, passengers must be addressed in writing to the carrier against whom an action may be brought. In the case of a carriage governed by a single contract and performed by successive carriers the claims may also be addressed to the first or the last carrier as well as to the carrier having his principal place of business or the branch or agency which concluded the contract of carriage in the State where the passenger is domiciled or habitually resident.
2.Other claims relating to the contract of carriage must be addressed in writing to the carrier specified in Article 56(2) and (3).
3.Documents which the person entitled thinks fit to submit with the claim shall be produced either in the original or as copies, where appropriate, the copies duly certified if the carrier so requires. On settlement of the claim, the carrier may require the surrender of the ticket, the luggage registration voucher and the carriage voucher.
1.An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought against the carrier who is liable pursuant to Article 26(5).
2.Subject to paragraph 4 other actions brought by passengers based on the contract of carriage may be brought only against the first carrier, the last carrier or the carrier having performed the part of carriage on which the event giving rise to the proceedings occurred.
3.When, in the case of carriage performed by successive carriers, the carrier who must deliver the luggage or the vehicle is entered with his consent on the luggage registration voucher or the carriage voucher, an action may be brought against him in accordance with paragraph 2 even if he has not received the luggage or the vehicle.
4.An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier who has collected that sum or against the carrier on whose behalf it was collected.
5.An action may be brought against a carrier other than those specified in paragraphs 2 and 4 when instituted by way of counter-claim or by way of exception in proceedings relating to a principal claim based on the same contract of carriage.
6.To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him.
7.If the plaintiff has a choice between several carriers, his right to choose shall be extinguished as soon as he brings an action against one of them; this shall also apply if the plaintiff has a choice between one or more carriers and a substitute carrier.
1.Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to, passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within 12 months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed in accordance with Article 55(1). Where the person entitled gives oral notice of the accident to the carrier, the carrier shall furnish him with an acknowledgement of such oral notice.
2.Nevertheless, the right of action shall not be extinguished if
(a)within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers designated in Article 55(1);
(b)within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in some other way;
(c)notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the person entitled;
(d)the person entitled proves that the accident was caused by fault on the part of the carrier.
1.Acceptance of the luggage by the person entitled shall extinguish all rights of action against the carrier arising from the contract of carriage in case of partial loss, damage or delay in delivery.
2.Nevertheless, the right of action shall not be extinguished:
(a)in case of partial loss or damage, if
the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the person entitled,
the ascertainment which should have been carried out in accordance with Article 54 was omitted solely through the fault of the carrier;
(b)in case of loss or damage which is not apparent whose existence is ascertained after acceptance of the luggage by the person entitled, if he
asks for ascertainment in accordance with Article 54 immediately after discovery of the loss or damage and not later than three days after the acceptance of the luggage, and
in addition, proves that the loss or damage occurred between the time of taking over by the carrier and the time of delivery;
(c)in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his rights against one of the carriers specified in Article 56(3);
(d)if the person entitled proves that the loss or damage was caused by fault on the part of the carrier.
1.The period of limitation of actions for damages based on the liability of the carrier in case of death of, or personal injury to, passengers shall be:
(a)in the case of a passenger, three years from the day after the accident;
(b)in the case of other persons entitled, three years from the day after the death of the passenger, subject to a maximum of five years from the day after the accident.
2.The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission committed either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.
3.The period of limitation provided for in paragraph 2 shall run for actions:
(a)for compensation for total loss, from the fourteenth day after the expiry of the period of time provided for in Article 22(3);
(b)for compensation for partial loss, damage or delay in delivery, from the day when delivery took place;
(c)in all other cases involving the carriage of passengers, from the day of expiry of validity of the ticket.
The day indicated for the commencement of the period of limitation shall not be included in the period.
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6.Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.