117. Basis of claims.

(iv)     Claims and Proceedings

117.     Basis of claims.

In the carriage of passengers, baggage and cargo, any action for damages however founded, whether under the Montreal Convention1 or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in the Convention2. This is without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights3. Punitive, exemplary or any other non-compensatory damages are not recoverable4.