Uitspraak
RECHTBANK NOORD-HOLLAND
VONNIS VAN DE KANTONRECHTER
de rechtspersoon naar Russisch recht AIR BRIDGE CARGO AIRLINES LLC.
de besloten vennootschap met beperkte aansprakelijkheid AVIAPARTNER CARGO B.V.
De procedure
De feiten
"[…] All judicial suits deriving from the execution of the Handling Agreement, even by means of guarantee, and even in the case of plurality of defendants, must be brought exclusively before the courts of the Netherlands. All juridical relationships between The Carrier, the Handling Company or the rightful claimant will, with the application of the present Main Agreement, be ruled by the law of the Netherlands […]"
"[…] Without prejudice to the above, the Handling company shall be liable to the Carrier for any delay in cargo/mail dispatching in case any of the Handling Company's employees have been found responsible for. […]"
"[…]
Article 8Liability and Indemnity[…]
8.1 (…) the Carrier shall not make any claim against the Handling Company and shall indemnify it […] against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of: […]
damage to or delay or loss of bagage, cargo or mail carried or to be carried by the Carrier […] arising from any act of omission of the Handling Company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result […]"