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Article 12

Time periods for claims and limitation of actions

12.1 Receipt by the Consignee or other person entitled to delivery of the Cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the Contract of Carriage.

12.2 No action shall be maintained in the case of loss, damage or delay to Cargo unless a compliant is made to Carrier in writing by the Consignee or other person entitled to delivery of the Cargo. Such compliant shall be made:

12.2.1 in the case of damage to or partial loss of the Cargo, immediately after its discovery and in any event within 14 days from the date of receipt of the Cargo;

12.2.2 in the case of delay, within 21 days from the date on which the goods were placed at the disposal of the Consignee or other person entitled to delivery within the meaning of Article 8.2;

12.2.3 Every complaint must be made in writing and given or dispatched within the times aforesaid;

12.2.4 If no complaint is made within the times aforesaid, no action shall lie against Carrier/Us, save in the case of fraud on its part.

12.3 Any right to damages against the Carrier shall be extinguished if an action is not brought within two years of the date of arrival at destination, or from the date on which the aircraft was scheduled to arrive, or the date on which the Carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.