If the carrier or his employees, agents or sub-contractors, by their wilful misconduct or by default which, in accordance with the law of the court or tribunal seised of the case, is considered equivalent to wilful misconduct1, cause the loss, damage or delay in question, they are not entitled to avail themselves of any provision of the CMR Convention which excludes or limits their liability or shifts the burden of proof of any matter to the person claiming compensation
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