Regulation (EC) No 1371/2007 of the European Parliament and of the CouncilShow full title

Article 59 U.K. Extinction of right of action arising from carriage of luggage

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

1.

the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the person entitled,

2.

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

1.

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

2.

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.