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THE FOURTH SCHEDULE

[See Section 3(4)]

THE MONTREAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR 1999 UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR.

RULES

CHAPTER I

GENERAL PROVISIONS

1.  Scope of application.—(1) This Schedule applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

(2)     For the purposes of this Schedule, the expression "International carriage" means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Schedule.

(3)     Carriage to be performed by several successive carriers is deemed, for the purposes of this Schedule, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.

(4)     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.—(1) This Schedule applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Rule 1.

(2)     In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

(3)     Except as provided in Paragraph 2 of this rule, the provisions of this Schedule shall not apply to the carriage of postal items.

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:

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

(b)     if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.

(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 the 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;

(b)     if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and

(c)     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 airway bill, 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 bill;

(b)     the consignor has the right to 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 provision of Paragraph 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 statement 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 airway bill 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 airway bill 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 or 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 airway bill 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 right 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 and 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 airway bill 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, 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 COMPENSATIONFOR 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 the course of any of the operations of embarking or disembarking.

(2)     The carrier is liable for damage sustained in 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 earner is not liable if and to he 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 form 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.

(3)     The carriage by air within the meaning of Paragraph 1 of this rule comprises the period during which the cargo is in the charge of the carrier.

(4)     The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

19.     Delay.—The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

20.     Exoneration.—If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This rule applies to all the liability provisions in this Schedule, including Paragraph 1 of Rule 21.

21.     Compensation in case of death or injury of passengers.—(1) For damages arising under Paragraph 1 of Rule 17 not exceeding 100,000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.

(2)  The carrier shall not be liable for damages arising under Paragraph 1 of Rule 17 to the extend that they exceed for each passenger 100,000 Special Drawing Rights if the carrier proves that:

(a)     such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

(b)     such damage was solely due to the negligence or other wrongful act or omission of a third party.

22.     Limits of liability in relation to delay, baggage and cargo.—(1) In the case of damage caused by delay as specified in Rule 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.

(2)     In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.

(3)     In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.

(4)     In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the 'package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in Paragraph 2 of rule 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

(5)     The foregoing provisions of Paragraph 1 and 2 of this rule shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result:

Provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.

(6)     The limits prescribed in Rule 21 and in this rule shall not present the Court from awarding, in accordance with its own law, in addition, the whole or part of the Court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding Court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

23.  Conversion of monetary units.—(1) The sums mentioned in terms of Special Drawing Right In this Schedule shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgment. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgment, for its operations and transactions. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that State.

(2)  Nevertheless, those State which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of Paragraph 1 of this rule may, at the time of ratification or accession or at any time thereafter, declare that the time limit of liability of the carrier prescribed in Rule 21 is fixed at a sum of 1500000 monetary units per passenger in judicial proceedings in their territories; 62500 monetary units per passenger with respect to Paragraph 1 of Rule 22; 15,000 monetary units per passengers with respect to Paragraph 2 of Rule 22; and 250 monetary units per kilogramme with respect to Paragraph 3 of Rule 22, This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.

(3)  The calculation mentioned in the last sentence of Paragraph 1 of this rule and the conversion method mentioned in Paragraph 2 of this rule shall be made in such manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Rule 21 and 22 as would result from the application of the first three sentences of Paragraph 1 of this rule. States Parties shall communicate to the depositary the manner of calculation pursuant to Paragraph 1 of this rule, or the result of the conversion in Paragraph 2 of this rule as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Schedule and whenever there is a change in either.

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