Prospective
[F1 Article 26U.K.
Textual Amendments
F1Schedule 1, containing the provisions of the Warsaw Convention as amended at the Hague in 1955 and by Protocols No. 3 and No. 4 signed at Montreal in 1975, substituted (prosp.) with saving for Schedule 1 as originally enacted, containing the provisions of the Warsaw Convention with the amendments made in it by the Hague Protocol, by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(1)(3), 6(2), 7(2)
(1)Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage.
(2)In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.
(3)Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.
(4)Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.]