Danziger v. Compagnie Nationale Air France, 14 Avi. 18,280 (S.D.N.Y. 1977)
Facts
The following facts have not been contested by the parties for the purposes oft his summary judgment decision. The plaintiff purchased a round trip ticket for passage on Air France between New York’s John F. Kennedy International Airport
(“JFK”) and Charles De Gaulle
International Airport in Paris, France. On
November 24, 1976 she checked a suitcase
which contained a small case of jewelry with
Air France at JFK. Plaintiff made no
reference to Air France whatsoever indicating the jewelry case was in her suitcase.
Upon her arrival in Paris and presenta
case. Three days later after returning to
presented with her suitcase sans the jewelry
New York the plaintiff “caused demands to
be made upon defendant for the return of
[her] jewelry or payment” therefore.
Plaintiff’s Affidavit p. 3.
Being unsatisfied with the defendant’s
response to her demands, the plaintiff
initiated this action alleging defendant had
wrongfully taken said jewelry and refused to
return or pay for it.
Issue(s)
No issues drafted yet for this case.Discussion
A contractual clause excluding liability for jewelry in checked baggage was invalid as contrary to the Convention.
Useful for
Contract provision lessening liability contrary to Convention invalid
