19.TIME LIMITATIONS ON CLAIMS AND ACTIONS
| (A) |
Time Limitation on
Claims |
| |
No claim for damage may be made in the case of
damage to Baggage, unless the person entitled to delivery complains to an office
of ANA forthwith after the discovery thereof and no later than 7 Days from the
date of receipt; and, in the case of delay or loss, unless the complaint is
made no later than 21 Days from the date on which the Baggage has been (in the
case of delay) or should have been (in the case of loss) placed at his/her disposal.
Every complaint must be in writing and dispatched within the time aforesaid.
In case Carriage is not "International Carriage" as defined in the Convention,
failure to give such notice of complaint shall not prevent a claimant's filing
a suit if the claimant proves that: |
| |
(1) |
it was not reasonably possible for him/her to give such notice;
or |
| |
(2) |
such notice was not given due to fraud on the part of ANA;
or |
| |
(3) |
ANA had knowledge of the damage to the Passenger's Baggage.
|
| (B) |
Time Limitation on
Actions |
| |
Any right to damages against ANA shall be extinguished
unless an action is brought within 2 years reckoned from the date of arrival
at the Destination, from the date on which the aircraft ought to have arrived,
or from the date on which the Carriage stopped.
|
20.OVERRIDING LAW
| |
Any provision contained or referred to in a Ticket or in these
Conditions of Carriage or ANA's Regulations shall, even if it is in violation
of Applicable Laws and is invalid, remain valid to the extent not in conflict
with Applicable Laws. The invalidity of any provision shall not affect any other
provision.
|
21.MODIFICATION AND WAIVER
| |
No representative, officer, employee or agent of ANA shall have
authority to alter, modify or waive any provision of the contract of Carriage
or of these Conditions of Carriage or ANA's Regulations.
|
| Supplementary Provisions |
1 |
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