Section 3 Liability of the Carrier Article 124 The carrier shall be liable for the death or personal injury of a passenger, if the accident took place on board the civil aircraft or in the course of any of the operations of embarking on or disembarking from the civil aircraft; provided that the carrier is not liable if the death or injury resulted solely from the state of health of the passenger. -50- Article 125 The carrier shall be liable for the destruction or loss of, or damage to , any carry-on articles of the passenger, if the occurrence took place on board the civil aircraft or in the course of any of the operations of embarking on or disembarking from the civil aircraft of the passenger. The carrier shall be liable for the destruction or loss of, or damage to any checked baggage of the passenger, if the occurrence took place during the transport by air. The carrier shall not be liable for the destruction or loss of, or damage to, any carry-on articles or checked baggage of the passenger if such destruction or loss or damage resulted solely from the inherent defect, quality or vice of the baggage. "Baggage" referred to in this Chapter includes both checked baggage and the carry-on articles of the passenger. The carrier shall be liable for the destruction or loss of, or damage to, any cargo if the occurrence took place during the transport by air; provided that the carrier is not liable if he proves that the destruction or loss of, or damage to, the cargo resulted solely from one or more of the following: (1) Inherent defect, quality or vice of that cargo; (2) Defective packing of that cargo performed by a person other than the carrier or his servants or agents; (3) An act of war or an armed conflict; or (4) An act of public authority carried out in connection with the entry, exit or transit of the cargo. -51- The IIperiod of the transport by air" referred to in this Article means the whole period during which the checked baggage or cargo is in the charge of the carrier, whether in an airport or on board a civil aircraft, or, in the case of a landing outside the airport, in any place wha tsoever. The period of the transport by air does not extend to any transport by land, by sea or by river performed outside an airport; provided that if such transport is used for loading, delivery or transshipment for the performance of a contract of transport by air, any damage took place during such transport is presumed, subject to proof to the contrary, to have been the damage taken place during the period of transport by air. |