(1) The carrier is liable for the damage resulting from the loss of cabin luggage or luggage, or physical damage to same, if the incident that caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier. If the loss of or physical damage to cabin luggage is caused by a shipping incident, or if other luggage is lost or physically damaged, then the carrier’s fault or neglect will be presumed.
(2) The liability of the carrier pursuant to subsection (1) also extends to damages resulting from the luggage not having been re-delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or ought to have been carried. However, such liability is ruled out if the delay in re-delivery of the luggage is attributable to labour disputes.
(3) Notwithstanding the provisions of subsections (1) and (2), the carrier will not be liable for damages resulting from the loss of, or physical damage to, monies, negotiable securities, gold, silver, gemstones, jewellery, works of art, or other valuables, or for damages resulting from the delayed re-delivery of such valuables, unless they had been deposited with the carrier for safe-keeping.
(4) The term “carriage” in the sense as used in subsection (1) covers the following periods:
1. for cabin luggage, excepting luggage that the passenger has in or on the vehicle:
a) the period during which the cabin luggage is on board the ship, including the period in which the cabin luggage is transported onto or off the ship;
b) the period during which the cabin luggage is transported by water from land to the ship or vice-versa, insofar as the cost of such transport is included in the fare or if the vessel used for this auxiliary transport has been put at the disposal of the passenger by the carrier; and
c) the period which the passenger spends in a marine terminal or station or on a quay or in or on any other port installation, insofar as the cabin luggage has been taken over by the carrier or their servants or agents, and has not yet been returned to the passenger;
2. for luggage other than the cabin luggage referred to in no. 1: the period between the luggage’s having been taken over by the carrier on shore or on board and the time of its re-delivery.