Section 23 — Multimodal transport operator and servant, agent, etc., not entitled to limitation of liability if loss, etc., resulted from personal act or omission

(1)The multimodal transport operator is not entitled to the benefit of the limitation of liability under this Part for the loss of, damage to, or delay in the delivery of the goods if it is proved that the loss, damage or delay resulted from an act or omission of the multimodal transport operator that is done —

(a)with the intention to cause such loss, damage or delay; or

(b)recklessly and with knowledge that such loss, damage or delay would probably result.

(2)A servant or an agent of a multimodal transport operator or other person whose services a multimodal transport operator makes use of for the carriage of goods is not entitled to the benefit of the limitation of liability under this Part if it is proved that the loss, damage or delay resulted from an act or omission of such servant, agent or other person that is done —

(a)with the intention to cause such loss, damage or delay; or

(b)recklessly and with knowledge that such loss, damage or delay would probably result.