(1) The exemptions from and limitations on liability provided for under the present Subtitle and under a contract for the carriage of general cargo also apply to any non-contractual claims that the shipper or the consignee may have against the carrier for loss of or physical damage to the goods.
(2) The carrier may also lodge the objections pursuant to subsection (1) against any non-contractual claims that third parties may assert for loss of or physical damage to the goods. However, these objections may not be lodged if any of the following situations apply:
1. they are made with regard to an agreement that deviates from the regulations stipulated by the present Subtitle to the detriment of the shipper;
2. the third party had not consented to carriage of the goods, and the carrier was aware that the shipper did not have the authority to send the goods, or was unaware of this due to their own gross negligence; or
3. the goods, prior to being taken over for carriage, had been lost while in the possession of the third party, or by a person deriving their right to possession from said third party.
Sentence 2 no. 1 is not applicable, however, to any arrangement permissibly made under section 512 (2) no. 1 regarding the carrier’s liability for a damage caused in the course of steering or otherwise operating the ship, or caused by fire or explosion on board the ship.