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Article 20 - Exoneration. |
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If
the carrier proves that the damage was caused or contributed to by the
negligence or other wrongful act or omission of the person claiming
compensation, or the person from whom he or she derives his or her rights,
the carrier shall be wholly or partly exonerated from its liability to the
claimant to the extent that such negligence or wrongful act or omission
caused or contributed to the damage. When by reason of death or injury of a passenger
compensation is claimed by a person other than the passenger, the carrier
shall likewise be wholly or partly exonerated from its liability to the
extent that it proves that the damage was caused or contributed to by the
negligence or other wrongful act or omission of that passenger. This Article
applies to all the liability provisions in this Convention, including
paragraph 1 of Article 21. |