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Book 5 · Maritime trade  ›  Subchapter 2 · Contracts for the carriage of passengers and their luggage › Section 546

Actual carrier

(1) If the whole or a part of the carriage is performed by a third party who is not the carrier, that third party (actual carrier) is liable, just as though it were the carrier, for the damage caused by the death of or physical injury to a passenger, or by the loss of, physical damage to or delayed re-delivery of passenger luggage occurring in the course of the carriage as performed by the actual carrier. Any contractual arrangements whereby the carrier expands their own liability will affect the actual carrier only if the actual carrier has agreed to them in text form.

(2) The actual carrier may lodge any and all objections and defences to which the carrier is entitled under the contract for the carriage of passengers and their luggage.

(3) The carrier and the actual carrier are liable jointly and severally.

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