Carriage of Passengers by Road Act 1974

CHAPTER V Claims and Actions

Article 20

1 The receipt of luggage by a passenger without complaint on his part shall be prima facie evidence that the luggage was delivered complete and in good condition. The complaint must be made to the carrier either orally or in writing within the seven days next following actual receipt of the luggage by the complainant.

In the case of luggage not handed over to the carrier, the period specified above shall run from the time when the loss or damage is noticed, and from not later than the time of arrival of the vehicle at the place of destination of the passenger.

2 The passenger shall be relieved of the obligations imposed on him by paragraph 1 of this article if the loss or condition of the luggage has been duly checked by the passenger and the carrier.

Article 21

1 In all legal proceedings arising out of carriage under this Convention the plaintiff may bring an action in any court or tribunal of a Contracting Party designated by agreement between the parties and, in addition, in the courts or tribunals of the country within whose territory is situated:

(a) the place where the defendant has his principal place of business, is habitually resident, or has the place of business through which the contract of carriage was made ; or

(b) the place where the loss or damage occurred; or

(c) the place of departure or of destination of the carriage ;

and in no other court or tribunal.

2 Where in respect of a claim to which paragraph 1 of this article applies an action is pending before a court or tribunal competent under this paragraph or where in respect of such a claim judgment has been entered by such a court or tribunal, no new action shall be started on the same grounds between the same parties unless the judgment of the court or tribunal before which the first action was brought is not enforceable in the country in which the fresh proceedings are brought.

3 Where a judgment entered by a court or tribunal of a Contracting State, the said court or tribunal having jurisdiction in accordance with the provisions of this paragraph, in any such claim as is referred to in paragraph 1 of this article has become enforceable in that State, such judgment shall become enforceable in each of the other Contracting States as soon as the formalities required in the State concerned have been complied with. The merits of the case shall not be re-opened.

4 The provisions of the preceding paragraph shall apply to judgments after trial, judgments by default and settlements confirmed by an order of the court, but shall not apply to interim judgments or to awards of damages in addition to costs against a plaintiff who fails wholly or partly in his action.

5 Security for costs of proceedings arising out of carriage under this Convention shall not be required from nationals of Contracting States who have their residence or a place of business in one of those States.

Article 22

1 The period of limitation for actions arising out of the death or wounding of or out of any other bodily or mental injury to a passenger shall be three years.

The period of limitation shall run from the date on which the person suffering the loss or damage had or should have had knowledge of it. However, the period of limitation shall not exceed five years from the date of the accident.

2 The period of limitation for actions arising out of carriage under this Convention other than those referred to in paragraph 1 of this article shall in all cases be one year.

The period of limitation shall run from the date on which the vehicle arrived at the place of destination of the passenger or, in the case of non-arrival, from the date on which the vehicle ought to have arrived at the place of destination of the passenger.

3 A written claim shall suspend the period of limitation until the date on which the carrier rejects the claim by notification in writing and returns any documents handed to him in support of the claim. If a part of the claim is admitted, the period of limitation shall start to run again only in respect of that part of the claim which is still in dispute. The burden of proof of the receipt of the claim or of the reply and of the return of the documents shall rest with the party relying upon those facts. Further claims having the same object shall not suspend the running of the period of limitation unless the carrier agrees to consider them.

4 Subject to the provisions of the preceding paragraph, the extension of the period of limitation shall be governed by the provisions of the law of the court or tribunal seized of the case not including the rules relating to conflict of laws. That law shall also govern the fresh accrual of rights of action.