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THE SECOND SCHEDULE

[See Section 3(2)]

THE WARSAW CONVENTION AS AMENDED AT THE HAGUE, 1955 UNIFICATION OF CERTAIN RULES RELAITNG TO INTERNATIONAL CARRIAGE BY AIR.

RULES

CHAPTER I

SCOPE — DEFINITIONS

1.       (1) These rules apply to all international carriage of persons, baggage 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 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 trans-shipment, 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 the territory of another Slate, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of these rules.

(4)     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 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.

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 shall not apply to carriage of mail and postal packages.

CHAPTER II

DOCUMENTS OF CARRIAGE

PART I.—Passenger ticket

3.       (1) In respect of the carriage of passengers a ticket 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 High Contracting Party, one or more agreed stopping places being within the territory of another State, and indication of at least one such stopping place;

(c)     a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.

(2)  The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. 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, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by sub-Rule 1 (c) of this rule, the carrier shall not be entitled to avail himself of the provisions of Rule 22.

PART II—Baggage check

4.       (1) In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of Rule 3, sub-rule (1), shall contain:

(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 High contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place;

(c)     a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage.

(2)  The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check 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 takes charge of the baggage without a baggage check having been delivered or if the baggage check, unless combined with or incorporated in the passenger ticket which complies with the provisions of Rule 3, sub-Rule 1 (c), does not include the notice required by sub-Rule 1 (c) of this rule, he shall not be entitled to avail himself of the provisions of Rule 22, sub-rule (2).

PART III.—Air Waybill

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 waybill"; every consignor has the right to require the carrier to accept this document.

(2)  The absence, irregularity or loss of this document docs 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 waybill 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 carrier," 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 prior to the loading of the goods on board the aircraft.

(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 waybill, 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 waybills when there is more than one package.

8.       The air waybill shall contain:

(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 High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place;

(c)     a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to goods.

9.       If, with the consent of the carrier, goods are loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Rule 8, Paragraph (c), the carrier shall not be entitled to avail himself of the provisions of Rule 22, sub-rule (2).

10.     (1) The consignor is responsible for the correctness of the particulars and statement relating to the goods which he inserts in the airway bill.

(2)  The consignor shall indemnify the carrier against all damage suffered by him, 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.

11.     (1) The airway bill is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage.

(2)  The statement in the airway bill relating to the weight, dimensions and packing of the goods, 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 goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the airway bill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods.

12.     (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the airway bill, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignor and he must repay any expenses occasioned by the exercise of this right.

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

(3)     If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the airway bill delivered to the latter, he will be liable, without prejudice to his 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.

(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 airway bill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

13.     (1) Except in the circumstances set out in Rule 12, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the airway bill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the airway bill.

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

(3)     If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

14.     The consignor and the consignee can respectively enforce all the rights given them by Rules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carrier out the obligations imposed by the contract.

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