1. Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to, passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within 12 months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed in accordance with Article 55(1). Where the person entitled gives oral notice of the accident to the carrier, the carrier shall furnish him with an acknowledgement of such oral notice.
2. Nevertheless, the right of action shall not be extinguished if:
(a)
within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers designated in Article 55(1);
(b)
within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in some other way;
(c)
notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the person entitled;
(d)
the person entitled proves that the accident was caused by fault on the part of the carrier.