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Conditions of Carriage

20. APPLICATION TO AGENT

Any exclusion or limitation of liability of NCA under these Conditions of Carriage and NCA's Regulations shall also apply to any NCA's agents, servants or representatives performing their respective duties and to any person or entity whose aircraft is used by NCA for carriage and any of its agents, servants or representatives performing their respective duties. The aggregate amount of the damage payable by NCA, or its agents, servants or representatives shall not exceed the amount of NCA's limitation of liability under these Conditions of Carriage.

21. TIME LIMITATIONS ON CLAIMS AND ACTIONS

(A) Time Limitation on Claims and Actions for Cargo

(1)

a) Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage. b) No action shall be maintained in the case of destruction of, damage to or partial loss of the cargo unless a written notice, sufficiently describing the cargo concerned, the approximate date of the destruction, damage or partial loss, and the details of the claim, is presented to an office of NCA within 14 days from the date of receipt thereof, in the case of delay unless presented within 21 days from the date the cargo is placed at the disposal of the person entitled to delivery of the shipment, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issuance of the air waybill. c) All claims other than provided in (b) above except any claims relating to personal injury or death, must be made in writing within 270 days from the date of issuance of the air waybill.

(2)

Any right to damages of cargo against NCA shall be extinguished unless and action is brought within 2 years after the occurrence of the events giving rise to the claim.

(B) Time Limitation on Claims and Actions for Passengers and/or Baggage

(1)

No claim for damage may be made in the case of damage to Baggage, unless the person entitled to delivery complains to an office of NCA forthwith after the discovery thereof and no later than 7 Days from the date of receipt; and, in the case of delay or loss, unless the complaint is made no later than 21 Days from the date on which the Baggage has been (in the case of delay) or should have been (in the case of loss) placed at his/her disposal. Every complaint must be in writing and dispatched within the time aforesaid. In case Carriage is not "International Carriage" as defined in the Convention, failure to give such notice of complaint shall not prevent a claimant's filing a suit if the claimant proves that: a) it was not reasonably possible for him/her to give such notice; b) such notice was not given due to fraud on the part of NCA; or c) NCA had knowledge of the damage to the Passenger's Baggage.

(2)

Any right to damages of passengers and baggage against NCA shall be extinguished unless an action is brought within 2 years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage by flight stopped.