Facts
The plaintiff, an Indian national, purchased 29 sets of seven American Express travel checks with a total value of $20,300 from a bank in Geneva. The checks were stolen in New Delhi, India, while the plaintiff was carrying them in a travel bag. The plaintiff informed American Express of the loss of the checks and requested reimbursement, but the company refused, arguing that the plaintiff had not complied with the contractual conditions for keeping the checks.
The plaintiff brought an action against American Express, seeking reimbursement of the checks as well as damages for the losses incurred due to the non-reimbursement of the checks. The cantonal court dismissed the claim, considering that the plaintiff had not complied with the contractual conditions and that the claim for reimbursement of the checks had been assigned to third parties.
Considerations
The Federal Court examined the issue of the applicable law to the travel check contract, considering that the contract was governed by Swiss law under the referral agreement concluded between the parties. The Court also examined the issue of the plaintiff's standing to sue, considering that the claim for reimbursement of the checks had been assigned to third parties and that the plaintiff was no longer the holder of the claim.
The Court then examined the issue of American Express's liability, considering…