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THE FIRST SCHEDULE

[See Section 3(1)]

THE WARSAW CONVENTION, 1929

UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR RELATING TO THE RIGHTS AND LIABILITIES OF CARRIERS PASSENGERS, CONSIGNORS, CONSIGNEES AND OTHER PERSONS.

RULES

CHAPTER-I

SCOPE-DEFINITIONS

1.  (I) These rules apply to all international carriage of persons, luggage or goods performed by aircraft for reward. They apply also to such carriage when performed gratuitously by an air transport undertaking.

(2)     In these rules "High Contracting Party" means a High Contracting Party to the Convention.

(3)     For the purposes of these rules the expression "international carriage" means any carriage in which, according to the contract made by 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 High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for purposes of these rules.

(4)     A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it has 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 a territory subject to the sovereignty, suzerainty, mandate of authority of the same High Contracting Party.

2.       (1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Rule 1.

(2)  These rules do not apply to carriage performed under the terms of any international postal Convention.

CHAPTER II

DOCUMENTS OF CARRIAGE

PART I. —Passenger ticket

3.       (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:—

(a)     the place and date of issue;

(b)     the place of departure, and of destination;

(c)     the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;

(d)     the name and address of carrier or carriers;

(e)     a statement that the carriage is subject to the rules relating to liability Contained in this Schedule.

(2)  The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to these rules. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.

PART II–Luggage ticket

4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket,

(2)     the luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier.

(3)     the luggage ticket shall contain the following particular:—

          (a)      the place and date of issue;

          (b)     the place of departure and of destination;

          (c)      the name and address of the carrier or carriers;

          (d)     the number of the passenger ticket;

          (e)      a statement that delivery of the luggage will be made to the bearer of the luggage ticket;

          (f)      the number and weight of the packages;

          (g)      the amount of the value declared in accordance with Rule 22 (2);

          (h)     a statement that the carriage is subject to the rules relating to liability contained in this Schedule.

(4)     The absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to these rules. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) of sub-rule (3), the carrier shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.

PART III.–Air consignment note

5.       (1) Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an "air consignment note"; every consignor has the right to require the carrier to accept this document.

(2)  The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Rule 9, be none the less governed by these rules.

6.       (1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods.

(2)     The first part shall be marked "for the earner", and 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 and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.

(3)     The carrier shall sign an acceptance of the goods,

(4)     The signature of the carrier may be stamped; that of the consignor may be printed or stamped.

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

7.       The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package.

8.       The air consignment note shall contain the following particular:—

(a)     the place and date of its execution;

(b)     the place of departure and of destination;

(c)     the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;

(d)     the name and address of the consignor;

(e)     the name and address of the first carrier;

(f)      the name and address of the consignee, if the case so requires;

(g)     the nature of the goods;

(h)     the number of the packages, the method of packing and the particular marks or number upon them;

(i)      the weight, the quantity and the volume or dimensions of the good;

(j)      the apparent condition of the goods and of the packing;

(k)     the freight, if it has been agreed upon, the date and place of payment and the person who is to pay it;

(l)      if the goods are sent for payment on delivery, the price of the goods and, if the case so requires, the amount of the expenses incurred;

(m)    the amount of the value declared in accordance with Rule 22 (2);

(n)     the number of parts of the air consignment note;

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