Page:United States Statutes at Large Volume 49 Part 2.djvu/1005

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INTERNATIONAL AIR TRANSPORTATION. OCTOBER 12, 1929. (2) Questions of procedure shall be governed by the law of the court to which the case is submitted. Article 29 Procedure. 3021 (1) The right to damages shall be extinguished if an action is not TimelimitatioD. 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 transportation stopped. (2) The method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted. Article 30 (1) In the case of transportation to be perfonned by various suc- su=~~ by cessive carriers and falling within the definition set out in the third . paragraph of article 1, each carrier who accepts passengers, baggage or goods shall be subject to the rules set out in this convention, and shall be deemed to be one of the contracting parties to the contract of transportation insofar as the contract deals with that part of the transportation which is perfonned under his supervision. (2) In the case of transportation of this nature, the passenger or his representative can take action only against the carrier who perfonned the transportation during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liubility for the whole journey. (3) As regards baggage or goods, the passenger or consignor shall have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have a right of action against the last carrier, and further, each may take action against the carrier who performed the transportation during which the destruction, loss, damage, or delay took place. These carriers shall be join~ly and severally liable to the passenger or to the consignor or consIgnee. CHAPTER IV. PROVISIONS RELATING TO COMBINED TRANSPORTATION ta~;,~~bined transpor· Article 31 (1) In the case of combined transportation perfonned partly by air to~O\"iSioD.> relating and partly by any other mode of transportation, the provisions of this convention shall apply only to the transportation by air, provided that the transportation by air falls ·within the terms of article 1. (2) Nothing in this convention shall prevent the parties in the case of combined transportation from inserting in the document of air transportation conditions relating to other modes of transportation, provided that the provisions of this convention are observed as regards the transportation by air. CHAPTER V. GENERAL AND FINAL PROVISIONS Article 32 Any clause contained in the contract and all special agreements . General, etc, pr,n·j · entered into before the damage occurred by which the parties purport SlOBS. to infringe the rules laid down by this convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the transportation of goods arbi- tration clauses shall be allowed, subject to this convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of article 28.