A claim for compensation of damages in respect of the death of or personal injury to a passenger, or in respect of the loss of, physical damage to, or delayed re-delivery of luggage will lapse unless it is asserted before a court of law within one of the periods set out below:
1. three years from the date on which the claimant becomes aware of the death or personal injury, or of the loss of, physical damage to, or delayed re-delivery of luggage, or from the date on which the claimant ought to have become aware under normal circumstances; or
2. five years from the date of disembarkation or from the date when disembarkation ought to have taken place, whichever is later.