(1) The exemptions from and limitations on liability provided for in this Subdivision and in the contract of carriage also apply to a non-contractual claim of the sender or of the consignee against the carrier for loss of or damage to the goods, or for delay in delivery.
(2) Carriers may also avail themselves of the defences referred to in subsection (1) against non-contractual claims of third parties for loss of or damage to the goods. The defences may, however, not be invoked if
1. they are based on an agreement that deviates from the provisions made in section 449 (1) sentence 1 to the detriment of the sender;
2. the third party had not consented to the carriage and the carrier was aware, or grossly negligently unaware, that the sender was not entitled to send the goods, or
3. the goods, prior to having been accepted for carriage, had been lost while in the hands of the third party or of a person deriving their right to possession from the third party.
However, sentence 2 number 1 does not apply to any agreement permissible under section 449 concerning the limitation of the compensation to be provided by the carrier for damages resulting from loss of or damage to the goods to an amount lower than the amount provided for by law if this amount is not lower than 2 units of account.