Liability regime. 1. In performing their obligations pursuant to these Conditions, the NBB and the participants shall be bound by a general duty of reasonable care in relation to each other.
Liability regime. All matters not provided for in this Agreement in connection with the Seller’s liability to the Buyer, shall be subject to the provisions of the Spanish Civil Code.
Liability regime. The Bank shall not be liable for any act, failure or omission in the performance of its obligations under this Agreement, nor for the consequences of such act, failure or omission and shall therefore not be liable to the Participant for any losses, costs, claims or other damages suffered or incurred by the Participant as a consequence of its connection to the System, unless such act, failure or omission was caused by the gross negligence or willful misconduct of the Bank or one of its agents. In the latter case, the Bank shall only indemnify the Participant for its direct damage (at the exclusion of any indirect or consequential damage) up to a maximum amount that shall be determined by the Bank from time to time, provided that the Participant positively demonstrates that the conditions of liability of the Bank are met and addresses a written request to the Bank to this effect within eight (8) calendar days of the occurrence of the act, failure or omission giving rise to such liability.
Liability regime. The organizer is liable for damages caused to the tourist due to the total or partial non-fulfilment of the contractually owed services, whether these are performed by him personally or by third party service providers, unless he proves that the event is derived from a fact of the tourist (including initiatives autonomously undertaken by the latter during the execution of the tourist services) or by an unpredictable or inevitable fact by a third party, by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force greater, or from circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. Limits of compensation The compensation referred to in Articles 44, 45 and 47 of the Tourism Code and related limitation periods, are governed by the provisions therein and in any case within the limits established, by the CCV, by the International Conventions governing the services that form the object of the tourist package as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury not subject to a fixed limit.
Liability regime. 18.1 Each of the Current Shareholders will be liable only with respect to any breach of its own obligations under this Agreement. Where two or more Current Shareholders are in breach of their obligations under this Agreement, their respective liability shall be several (mancomunada), proportionally to their stake in the Company’s capital. For the avoidance of doubt, in no event a non-breaching Current Shareholder will be liable for a breach by any other Current Shareholder of its obligations under this Agreement.
Liability regime. The historical rules that applied to contracts of carriage culminated in the formulation of the Rotterdam Rules, which were adopted by the United Nations Commission on International Trade Law in December 2008. These rules increased the carrier’s liability and extended the time period for bringing a claim. The practical affects of various applications of different liability rules and the formulation of standard clauses between stakeholders has led to a situation where the rules of liability in relation to the international carriage of goods have become fragmented and uncertain and has led to litigation. The liability regime is important to the establishment of the network system, as it is vital that all network partners operate the same regime. The contract as between the network partners and the network management and the contracts that exist between the various network partners will need to contain a standard set of liability clauses. Indeed should a network need to engage with another network, then both networks need to use the same liability rules; otherwise there may be a shortfall in compensation which would need to be picked up by the contracting network or their insurance company. In addition to the use of varying conventions in relation to liability, many stakeholders use generic clauses in relation to liability in order to govern liability issues. This gives rise to a number of difficulties. The negotiations in relation to liability clauses may not take place on an equal basis, usually due to the financial or geographical strength of one or more of the parties. In the new Rotterdam Rules, for example, the term “maritime performing parties” is used and therefore the port or terminal may now be incorporated into the liability regime of the carrier. These rules therefore would not suit the port and in such circumstances the port would seek to exclude the Rotterdam rules as the applicable rules of the contract between the network parties. This could give rise to a situation where the networks would not benefit the smaller partners within the networks and would therefore undermine the effectiveness and viability of the network system. When looking at the different liability regimes for the different modes of transport, there is a variation between the liability rules in respect of the limits of time within which to bring a claim, and in particular, in relation to the amount that can be claimed. Again, the lack of a uniform liability regime for all mode...
Liability regime. The liability of each of the Sellers under this Agreement shall be several (mancomunada) and not joint and several (solidaria).
Liability regime. 30.1 A Contracting State shall compensate any damage as referred to in paragraph 4 when this damage: a. has occurred in the airspace over its territory or under its responsibility according to ICAO rules, and b. has been caused by the fault of any air traffic service provider designated in accordance with Article 12 or that of its agents or any other person acting on its behalf other than the provider whose principal place of operation is located on the territory of the Contracting State concerned. The air traffic service provider mentioned in b) shall hereinafter be referred to as the effective air traffic service provider. 30.2 No direct action may be brought against the effective air traffic service provider or its agents or any other person acting on its behalf. 30.3 The right to compensation deriving from paragraph 1 shall be extinguished if an action is not brought within a period of two years as from the date of the definitive judicial decisions as provided for in paragraph 4. 30.4 Compensation on the basis of paragraph 1 may be claimed only for damage which has not been compensated under any definitive judicial decision taken according to specific national or international laws or regulations. A decision shall be considered as definitive if there is no judicial remedy against it under national or international laws or regulations. 30.5 The claim for compensation deriving from paragraphs 1 and 4 shall be filed with the Contracting State concerned. The claim shall be considered and ruled on by the competent authority in accordance with the relevant substantive national laws and regulations of the Contracting State concerned. If no consensus is reached on the claim, the dispute shall be ruled on by the competent court of the Contracting State concerned in accordance with its relevant substantive national laws and regulations. 30.6 The effective air traffic service provider shall reimburse the Contracting State concerned for any compensation paid or costs incurred by this Contracting State according to paragraph 1. The Contracting State of the effective air traffic service provider shall ensure the enforcement of this obligation and, in case of default of the effective air traffic service provider, shall take its place at first request as to reimburse the Contracting State concerned. 30.7 Any dispute concerning the reimbursement foreseen in paragraph 6, between the Contracting State of the effective air traffic service provider and the Contracting Stat...
Liability regime. The Parties agree that the Sellers will be individually liable, in proportion to the Shares sold and transferred by each of them, and undertake to indemnify the Buyer, for the full amount of:
Liability regime confirmation of the services requested by the traveller. The procedures for accessing the guarantee and the terms for filing a claim for reimbursement of sums granted is inadequate. If no alternative solution is possible, i.e. the solution provided The organiser shall be liable for any damage caused to the traveller as a result of paid are indicated on the website of the FILO DIRETTO PROTECTION website at by the organiser is refused by the traveller because it does not compare with what is total or partial non-performance of the contractual services due, whether the same xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxx.xx/, as a legal entity to which ITALIANROOM SRL agreed in the contract or because the price reduction granted is inadequate, the are carried out by him personally or by third party service providers, unless he aderes. In order to avoid forfeiture, we recommend that you keep in mind the organiser shall provide, without any surcharge, a means of transport equivalent to proves that the event was caused by the traveller's actions (including independent deadlines for submission of applications. It is understood that the expiry of the period the original means of transport provided for the return to the place of departure or to initiatives taken by the latter during the execution of the tourist services) or by the fact due to the impossibility of filing the application and not to the inertia of the traveller, any other place agreed upon, subject to the availability of means and places, and of a third party of an unforeseeable or inevitable nature, by circumstances unrelated allows the remission within the same period shall refund it to the extent of the difference between the cost of the pre-seen to the provision of the services provided for in the contract, by chance, by force 21. OPERATIONAL CHANGES services and that of the services provided up to thetime of early return.
