Restrictive clauses on conveyance of certain goods in checked air baggage invalid

German Supreme Court (BGH) found two clauses invalid whereby an airline tried to interdict conveyance of breakable or perishable goods, computers and other electronic devices, jewellery, valuables, cash money, business papers and commercial samples in checked baggage and to restrict its liabilty to intent or gross negligence, even if goods were carried in knowledge of the airline. BGH found these clauses inconsistent with the mandatory rules of Art. 17 of the Montreal Convention and therefore invalid (BGH 05.12.2006, X ZR 165/03)(Originally posted by Michael Wukoschitz)

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