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Carriage of Passengers by Road Act 1974
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- UK Public General Acts
- 1974 c. 35
- SCHEDULE
- CHAPTER IV
- Section 3. General Provisions
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Section 3. General Provisions
Article 17
1The carrier shall be exonerated wholly or in part from his liability under this Convention to the extent that loss or damage results from the wrongful act or neglect of the passenger or from conduct by the passenger not conforming to the normal conduct of a passenger.
2Where the carrier is liable for the loss or damage but a third party has contributed thereto by his acts or omissions, the carrier shall be liable for the whole of such loss or damage without prejudice to any right of recourse he may have against such third party.
3The carrier shall not be liable under this Convention for loss or damage caused by a nuclear incident when, pursuant to special provisions in force in a Contracting State governing liability in the field of nuclear energy, the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage.
Article 18
1In all cases governed by this Convention, proceedings for liability on any grounds whatever may not be instituted against the carrier or against persons for whom he is responsible under article 4 otherwise than on the terms and within the limits laid down in this Convention.
2If the loss or damage results from wilful misconduct or gross negligence by the carrier or a person for whom he is responsible under article 4, the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude his liability wholly or in part or which limit the compensation payable. The same rule shall apply to a person for whom the carrier is responsible under article 4 if that person's liability is involved and the loss or damage results from wilful misconduct or gross negligence by that person.
3Subject to the provisions of the preceding paragraph, the total amount of compensation payable by the carrier and by the persons for whom the carrier is responsible under article 4 shall not exceed the amounts prescribed in the preceding sections of this chapter.
Article 19
The franc referred to in this Convention shall be the gold franc weighing 10/31 of a gramme and being of millesimal fineness 900.
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