FlyerTalk Forums - View Single Post - Sunday Telegraph baggage handling expose "The chaos beyond the conveyors at Heathrow"
Old Sep 16, 2007 | 10:07 am
  #2  
KenJohn
 
Join Date: Apr 2005
Location: LHR
Programs: BA Gold, TG Gold, HHonors Diamond, SPG Plat
Posts: 8,665
I wonder if this would provide evidence for "reckless" handling which the other thread on this forum referred to for a class lawsuit.

Originally Posted by You want to go where?
My limited understanding of this issue is that they are not trying to overturn the Montreal convention, but rather saying that the 1500$ limit does not apply because Article 22, para 5 of the article states that "The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment."
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