Originally Posted by
docbert
Article 27 — Freedom to Contract
You have broken the contract of carriage of the airline, which seems pretty clear-cut to me that they could deny liability.
What's interesting is that whilst most airlines will deny coverage for things like electronics in checked luggage, most don't spell it out as being an actual exclusion as per what's you've quoted.
The airline cannot choose to exclude itself from its legal liability
Article 27 only states
Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.
trying to exclude liability for items in luggage, seems to conflight with the provisions of the convention - if there was damage to poorly packed items, then that is one thing, but in this case the airline lost the case. What was contained in the case is not impacted by the fact that it was the case that it lost.