Common use of Restriction of Liability Clause in Contracts

Restriction of Liability. 8.1 If the carrier should be liable in law for damage caused by the death or injury of a traveller as a result of an accident involving the traveller which occurs during or in connection with his/her carriage, and/or damage due to the entire or partial loss of the traveller’s baggage occurring during carriage, its liability shall be limited to this damage, the liability for this damage shall be restricted to the sum fixed in or under the terms of the general order in council issued pursuant to section 8:1157 of the Dutch Civil Code, barring - in brief - the carrier's deliberate actions or carelessness. The carrier shall not be liable in the event of loss of or damage to legal tender, negotiable instruments, gold, silver, jewels, jewellery, objets d'art, electronics or other valuable items. 8.2 The carrier shall not be liable in respect of the client or traveller for any damage other than that referred to in section 8.1 above, such as for example damage caused by delays in the carriage, unless the damage is a result of the acts or omissions of the carrier or the driver, and if these occurred with the intent to cause damage or occurred carelessly in the knowledge that they were likely to cause damage. The circumstance that the carriage agreement can not be fully complied with as a consequence of applicable (traffic) law or other regulations shall not be qualified as an omission of the carrier and shall not produce liability. In the event the carrier is liable for damage due to delay, this shall be restricted based on section 8:1157 of the Dutch Civil Code to the sum fixed in or under the terms of the general order in council issued pursuant to this section of law. 8.3 The travel agent’s liability for damage other than death or injury to the traveller shall be restricted to three times the travel arrangement costs, in the sense that the compensation for loss of travel enjoyment shall amount to at most the sum of the travel arrangement. Where a service included in a travel agreement is subject to a treaty which awards exclusion or limits liability in favour of the travel organiser, said exclusion or limitation shall apply to the lowest amount permitted in favour of the travel agent.