Article 17. Time limit for claims and legal actions
17.1. Time Limit for Baggage Claims
17.1.1. Acceptance of Baggage by the Passenger without complaint at the time and place of delivery shall constitute prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless the Passenger can provide clear evidence to the contrary.
17.1.2. Written Notice of Complaint
Before any legal action may be initiated regarding loss, shortage, damage, or delay of Checked Baggage, the person entitled to delivery of such Baggage must submit a written complaint to Us.
A written complaint shall be accepted only if it is submitted to Us by the person entitled to delivery of the Baggage within the following time limits:
17.1.2.1. Within seven (07) days from the date of receipt of the Baggage in cases of shortage or damage to the Baggage.
17.1.2.2. Within seven (07) days from the date on which the Baggage should have been received in cases of total loss of one or more pieces of Baggage.
17.1.2.3. Within twenty-one (21) days from the date the Baggage has been received in cases of delay in the transportation of Baggage.
17.2. Limitation Period for Legal Action
The right to bring an action for damages against Us arising from injury to a Passenger or loss, damage, or delay of Baggage shall be extinguished if not brought within two (02) years, counted from the date of arrival of the aircraft at the destination, the date on which the aircraft ought to have arrived, or the date on which the carriage was terminated, whichever is later. The method of calculating such time shall be determined by the law of the court where the case is filed.
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