1. The carrier may require that its liability for the total or partial destruction or damage of the item be limited; provided that the liquidated damages are not fictitious, and the same shall be subject to the court's discretion in case of conflict. 2. The liquidated damages shall not be payable if the carrier proves that the consignee did not sustain any damage. 3. Where the damage value is less than the amount of the liquidated damages, the judge may reduce such amount to make it equivalent to the damage value. Nevertheless, where the damage exceeds the liquidated damages amount, it is not permissible to claim more than such amount, unless it is established that the carrier or its subordinates have committed fraud or a gross fault, as in the latter case, the carrier shall indemnify the damage in full.
Interpretation and application must be checked against the official text and current version.