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THE FIFTH SCHEDULE

[See Section 5]

APPLICABLE RULES RELATING TO CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

RULES

CHAPTER I

GENERAL PROVISIONS

1.       Scope of application.—(1) This Schedule applies to all carriage of passengers, baggage and cargo performed by aircraft for reward.

(2)  This Schedule applies also to carriage as set out in Chapter-V, subject to the terms contained therein.

2.       Carriage performed by State and carriage of postal items.—These rules do not apply to the carriage of postal packets performed under terms of any international Postal Convention or of postal packets as defined under any law for the time being in force in Pakistan regarding transport of mail.

CHAPTER-II

DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS, BAGGAGE AND CARGO

3.       Passengers and baggage.—(1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing an indication of the places of departure and destination.

(2)     Any other means which preserves the information indicated in Paragraph 1 may be substituted for the delivery of the document referred to in that Paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

(3)     The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

(4)     The passenger shall be given written notice to the effect that where this Schedule is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.

(5)  Non-compliance with the provisions of the foregoing Paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Schedule including those relating to limitation of liability.

4.       Cargo.—(1) In respect of carriage of cargo, an airway bill shall be delivered.

(2)  Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an airway bill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

5.       Contents of airway bill or cargo receipt.—The airway bill or the cargo receipt shall include:

(a)     an indication of the places of departure and destination; and

(b)     an indication of the weight of the consignment.

6.       Document relating to the nature of the cargo.—The consignor may be required, if necessary, to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.

7.       Description of airway bill.—(1) The airway bill shall be made out by the consignor in three original parts.

(2)     The first part shall be marked "for the carrier"; it shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

(3)     The signature of the carrier and that of the consignor may be printed or stamped.

(4)     If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

8.       Documentation for multiple packages.—When there is more than one package:

(a)     the carrier of cargo has the right to require the consignor to make out separate airway bills;

(b)     The consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in Paragraph 2 of Rule 4 are used.

9.       Non-compliance with documentary requirements.—Non-compliance with the provisions of Rules 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

10.     Responsibility for particulars of documentation.—(1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the airway bill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in Paragraph 2 of Rule 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

(2)     The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf

(3)     Subject to the provisions of Paragraphs 1 and 2 of this Rule, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in Paragraph 2 of Rule 4.

11.     Evidentiary value of documentation.—(1) The airway bill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

(2)  Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

12.     Right of disposition of cargo.—(1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure of destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

(2)     If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

(3)     If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the airway bill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.

(4)     The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Rule 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its rights of disposition.

13.     Delivery of the cargo.—(1) Except when the consignor has exercised its right under Rule 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.

(2)     Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

(3)     if the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

14.     Enforcement of the rights of consignor of consignee.—The consignor and the consignee can respectively enforce all the rights given to them by Rules 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

15.     Relations of consignor and consignee or mutual relations of third parties.—(1) Rules 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

(2)  The provisions of Rules 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt.

(3)  Nothing in these rules prevents the issue of a negotiable, airway bill:

Provided that an electronic airway bill shall be deemed to be a negotiable instrument as defined in Section 13 of the Negotiable Instruments Act, 1881 (XXVI of 1881) and may be dealt with in any manner as a paper airway bill and the Electronic Transactions Ordinance 2002 shall apply to such electronic airway bill notwithstanding Section 31(1)(a) of the Electronic Transactions Ordinance 2002.

16.     Formalities of customs, police or other public authorities.—(1) the consignor must furnish such information and such documents as are necessary to meet the formalities of customs, octroi or police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

(2)  The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

CHAPTER III

LIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGE

17.     Death and injury of passengers—damage to baggage.—(1) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

(2)     The carrier is liable for damage sustained in the case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.

(3)     If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

(4)     Unless otherwise specified, in this Schedule the term "baggage" means both checked baggage and unchecked baggage.

18.     Damage to cargo.—(1) The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.

(2)     However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:

(a)     inherent defect, quality or vice of that cargo;

(b)     defective packing of that cargo performed by a person other than the carrier or its servants or agents;

(c)     an act of war or an armed conflict;

(d)     an act of public authority carried out in connection with the entry, exit or transit of the cargo.

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