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| 18. TIME LIMITATIONS ON CLAIMS AND ACTIONS |
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| (A) |
Time Limitation on Claims |
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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 ANA
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: |
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(1) |
it was not reasonably possible for him/her to give such notice;
or |
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(2) |
such notice was not given due to fraud on the part of ANA; or |
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(3) |
ANA had knowledge of the damage to the Passenger's Baggage.
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| (B) |
Time Limitation on Actions |
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Any right to damages against ANA shall be extinguished
unless an action is brought within 2 years reckoned from the date of arrival at
the Destination, from the date on which the aircraft ought to have arrived, or
from the date on which the Carriage stopped.
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| 19. OVERRINDING LAW |
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Any provision contained or referred to in a Ticket or in these
Conditions of Carriage or ANA's Regulations shall, even if it is in violation
of Applicable Laws and is invalid, remain valid to the extent not in conflict
with Applicable Laws. The invalidity of any provision shall not affect any other
provision.
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| 20. MODIFICATION AND WAIVER |
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No representative, officer, employee or agent of ANA shall have
authority to alter, modify or waive any provision of the contract of Carriage
or of these Conditions of Carriage or ANA's Regulations.
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