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Carriage of Passengers by Road Act 1974

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Article 13

1The total damages payable by the carrier in respect of the same occurrence shall not exceed 250,000 francs for each victim. Any Contracting State may, however, set a higher limit or set no limit at all. When the carrier has his principal establishment in such a State, or in a non-contracting State whose legislation provides for a higher limit or does not provide for a limit at all, the law of that State, not including the rules relating to conflict of laws, shall apply for the determination of the total amount.

2The amount referred to in paragraph 1 of this article shall be exclusive of legal or other costs incurred by the parties in asserting their rights, payment or reimbursement of which may devolve on the carrier, and of interest calculated in conformity with the law judged applicable by the court seized of the case.

3A higher limit may be agreed between the parties to the contract of carriage. Unless the contract provides otherwise, such agreement shall be for the benefit of all persons entitled to compensation.

4The limitations of damages referred to in this article shall apply to all the claims arising out of the death or wounding of, or any other bodily or mental injury to, a passenger. Where there is more than one claimant and the total of their claims exceeds the limit established, the claims shall be reduced proportionately.

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