Carriage by Air Act, 2012

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THE CARRIAGE BY AIR ACT, 2012 
 
 
 
 
CONTENTS 
 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Application of the Carriage by air conventions, as amended, to Pakistan 
4.  Provisions regarding suits against High contracting Party or Parties  or State Party or Partie s 
who undertake carriage by air 
 
 
5.  Application of Act to carriage by air which is not international 
5A. Court proceedings 
5B.  Amendment of a Schedule  
6.  Issuance of substitution of electronic means for delivering documents of carriage 
7.  Repeal 
8. Power to make rules 
 
THE FIRST SCHEDULE 
 
THE SECOND SCHEDULE 
 
THE THIRD SCHEDULE 
 
THE FOURTH SCHEDULE 
 
THE FIFTH SCHEDULE 
 
THE SIXTH SCHEDULE 
 
 
 

 
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THE CARRIAGE BY AIR ACT, 2012 
ACT NO. IV OF 2012 
[6th February, 2012] 
An Act to give effect in Pakistan to the Conventions concerning international carriage by air known 
as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 
1999 and consolidate the law and applicable international conventions in relation to international 
carriage by air 
WHEREAS, it is expedient to give effect in Pakistan to the Convention concerning 
international carriage by air known as the Montreal Convention for the Unification of Certain Rules 
for International Carriage by Air, 1999, and to enable the rules contained in that Convention to be 
applied, subject to exceptions adaptations and modifications, to carriage by air in Pakistan which is 
not international carriage within the meaning of the Convention, and to provide for matte rs 
connected herewith or ancillary thereto; 
AND WHEREAS it is expedient to consolidate the existing law and applicable international 
conventions in relation to international carriage by air; 
It is hereby enacted as follows:___ 
1. Short title, extent and co mmencement.___(1) This Act may be called the Carriage by Air 
Act, 2012. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once. 
(4) The applicable provisions of the Carriage by Air Conventions shall have the force of law 
in Pakistan in relation to any carriage by air to which they apply, irrespective of the nationality of the 
aircraft performing that carriage: 
Provided that the provisions of Carriage by Air Conventions shall not apply to international 
carriage by air performed and ope rated directly by the Islamic Republic of Pakistan for non -
commercial purposes in respect of its functions and duties as a sovereign state and to the carriage of  
persons, cargo and baggage to the military authorities on  aircraft registered in or leased by the 
Islamic Republic of Pakistan, the whole capacity of which has been reserved by or on behalf of such 
authorities. 
(5) Sub-section (4) is subject to the other provisions of this Act. 
2. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context, ___ 
(a) “applicable provisions” means,— 
(i) the provisions of the Warsaw Convention,  1929, as set out in the First 
Schedule; 
 
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(ii)  the provisions of the Warsaw Convention as amended at The Hague, 
1955, as set out in the Second Schedule; 
(iii) the provisions of the Guadalajara Convention, 1961, as set out in the 
Third Schedule; and 
(iv) the provisions of the Montreal Convention, 1999, as set out in the 
Fourth Schedule; 
so far as they relate to the rights and liabilities of carriers, c arriers’ servants and agents, passengers, 
consignors, consignees and other persons; 
(b) “Carriage by Air Conventions” means,___ 
(i) the Convention known as the Warsaw Convention, 1929; 
(ii)  the Convention known as the Warsaw Convention as amended at The 
Hague, 1955; 
(iii) the Convention supplementary to that Convention known as the 
Guadalajara Convention 1961; and 
(iv) the Convention known as the Montreal Convention 1999. 
  1[(c)  “Court” means the Consumer Cou rt established under any law or,  in the 
absence of the Consumer Court, any other court of competent jurisdiction as 
notified by the Federal Government; and]  
             1[(d)]   “Schedule” means the Schedule to this Act. 
3. Application of the Carriage by air c onventions, as amended, to Pakistan. ___(1) The 
rules contained in the First Schedule, being the provisions of the Convention for the unification of 
certain rules relating to international carriage by air relating to the rights and liabilities of carriers, 
passengers, consignors, consignees and o ther persons, known as the Warsaw Convention, 1929, 
shall, subject to the provisions of this Act, have the force of law in Pakistan in relation to any 
carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing 
the carriage. 
(2) The rules contained in the Second Schedule, being the provisions of the Convention for 
the unification of certain rules relating to international carriage by air known as the Warsaw 
Convention as amended at The Hague, 1955, shall, subject t o the provisions of this Act, have the 
force of law in Pakistan in relation to any carriage by air to which those rules apply, irrespective of 
the nationality of the aircraft performing the carriage. 
(3) The rules contained in the t hird Schedule, being the  provisions of the Convention 
supplementary to the Warsaw Convention, 1929 for the unification of certain rules relating to 
international carriage by air performed by a person other than the contracting carrier, known as the 
Guadalajara Convention, 1961, shall, subject to the  provisions of  this  Act, have the force of law in  
1Re-numbered and ins. by Act No. XL of 2026, s. 2. 
 
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Pakistan in relation to any carriage  by air to which those rules apply, irrespective of the nationality 
of the aircraft performing the carriage and the rules contained in the Third Schedule shall be 
supplementary to, and form part of, the rules contained in the First Schedule or, as the case may be, 
the Second Schedule, and shall have effect accordingly. 
(4) The rules contained in the  Fourth Schedule, being the provisions of the Convention for 
the unification of certain rules relating to international carriage by air known as the Montreal 
Convention for the Unification of Certain Rules for International Carriage by Air, 1999, shall, 
subject to the provisions of this Act, have the force of law in Pakistan in relation to any carriage by 
air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 
(5) Notwithstanding anything contained in the Fat al Accidents Act 1855 (XIII of 1855), or 
any other law for the time being in force, the rules contained in the First, Second, Third or, as the 
case may be, Fourth Schedule shall, in all cases to which those rules apply, determine the liability of 
a carrier in respect of the death of a passenger, and the rules contained in the Sixth Schedule shall 
determine the persons by whom and for whose benefit and the manner in which such liability may be 
enforced. 
(6) Any sums mentioned in rules 21, 22, 23 or 24 of the  Fourth Schedule shall, for the 
purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on 
the date on which the amount of damages to be paid by the carrier is ascertained by the Court. 
(7) Any sum in francs mentioned in rule 22 of the First Schedule and as the case may be, rule 
22 of the Second Schedule, shall, for the purpose of any action against a carrier, be converted into 
rupees at the rate of exchange prevailing on the date on which the amount of damages t o be paid by 
the carrier is ascertained by the Court. 
(8) Any reference in the first, Second, Third and Fourth Schedules,___ 
 (a) to the territory of any High Contracting Party or Parties or State Party or 
Parties to the Convention shall be construed as a reference to all the territories 
in respect of which he is a party; and 
 (b) agents of the carrier shall be construed as including a reference to servants of 
the carrier. 
(9) The applicability of the Carriage by Air Conventions to any international carriag e by air, 
as defined by the First, Second or, as the case may be, the Fourth Schedule, shall be dependent on 
the High Contracting Party or Parties or State Party or Parties, as the case may be being a signatory 
or signatories to the same Carriage by Air Convention. 
(10) If more than one of the Carriage by Air Conventions apply to a carriage by air, the 
applicable provisions that shall have the force of law shall be those of whichever is the most recent 
applicable Carriage by Air Convention in force. 
1[(11) The Federal Government may, by notification in the official Gazette, amend the Fourth 
Schedule and revise the limit of liability for intern ational carriage by air  to give effect to 
international commitments.] 
1Ins. by Act No. XL of 2026, s. 3. 
 
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4. Provisions regarding suits against High contracting Party or Parties or State Party or 
Parties who undertake carriage by air.  ___ (1) Every High Contracting Party or Parties or State 
Party or Parties to the Carriage by Air Conventions shall, for the purposes of any  suit brought in a 
Court in Pakistan in accordance with,— 
(a)  provisions of rule 28 of the First Schedule where a High Contracting Party to 
the Warsaw Convention, 1929, has not availed himself of the provisions of the 
Additional Protocol thereto; or 
(b) the provisions of rule 28 of the Second Schedule where a High Contracting 
Party to the Warsaw Convention as amended at The Hague , 1955, has not 
availed himself of the provisions of the Additional Protocol thereto; or 
(c)  provisions of rule 33 of the Fourth Schedule,  
to enforce a claim in respect of carriage undertaken by him, be deemed to have 
submitted to the jurisdiction of that Court and to be a person for the purposes of the 
Code of Civil Procedure, 1908 (Act V of 1908). 
1[* * * * * * *] 
(3) Nothing in this section shall authorize any Court to attach or sell any property of a High 
Contracting Party or Parties or State Party or Parties to the Carriage by Air Conventions. 
5. Application of Act to carriage by air which is not international.  ___ (1) The rul es 
contained in the fifth Schedule shall apply to all carriage by air, not being international carriage by 
air as defined in the First, Second, or as the case may be, Fourth Schedule. 
(2) Notwithstanding anything contained in the Fatal Accidents Act , 1855 (XIII of 1855), or 
any other law for the time being in force, the rules contained in the Fifth Schedule shall, in all cases 
to which those rules apply, determine the liability of a carrier in respect of the death of a passenger, 
and the rules contained in the Sixth Schedule shall determine the persons by whom and for whose 
benefit and the manner in which such liability may be enforced. 
1[(3) The Federal Government may, once in every three years by notification in the official 
Gazette, amend the Fifth Schedu le and enhance the limit of lia bility for carriage by air, not being  
international carriage by air, based on average official inflation rate of the intervening period.] 
1[5A. Court proceedings.  ___ (l) No action against a carrier or carrier ’s servant or ag ent 
which arises out of damage to which any of the Carriage by A ir Conventions applies shall, if he was 
acting within the scope of his employment, be brought after more than two years, reckoned from the 
date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from 
the date on which the carriage stopped. 
1Omitted, subs. and ins. by Act No. XL of 2026, ss. 4, 5 and 6. 
 
 
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(2) The Court before which any such action is brought under this Act may, at any stage of the 
proceedings, make any interim or final order as appears to the Court to be just and equitable in view 
of the provisions of a Schedule and keeping in view any other proceedings in or out of Pakistan. 
(3) The Court may rely on the documents produced by the partie s or, for re asons to be 
recorded in writing, allow production of oral evidence by one or more parties to the proceedings. 
(4) The Court shall pass the final order or decree within six months from the date of 
institution of proceedings under this Act. 
(5) If the Court fails to decide the case within six months, it sha ll proceed with the case on 
day-to-day basis and report the reasons of delay to the High Co urt whose decision or such report  
shall be final. 
5B. Amendment of a Schedule.  ___ (l) If, at any time, the Federal Government has agreed to 
a revision of any Carriage by Air Conventions, the Federal Government may,  by notification in the 
official Gazette, make such a mendments in a Schedule as it may consider appro priate to give effect 
to the revision of the Convention. 
(2) In sub-section (1 ), “revision” means an omission from, addition to or alteration of the 
Convention and includes replacement of the Convention or part of it by another convention.] 
6. Issuance of substitution of electronic means for delive ring documents of carriage. ___ 
(1) Nothing contained in this Act shall prevent the issuance of an individual or collective document 
of carriage through electronic means which preserves the information required by the applicable 
provisions contained, as the  case may be, in the First, Second, Fourth and Fifth Schedules as a 
substitute for the delivery of the document referred to in those applicable provisions and if any such 
other means is used, the carrier shall offer to deliver to the passenger a written st atement of the 
information so preserved: 
Provided that an electronic document of carriage 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 document of carriage and the Electronic Transactions 
Ordinance 2002(LI of 2002), shall apply to such electronic document of carriage notwithstanding the 
provisions of clause (a) of section (1) of section 31 thereof. 
 (2) Notwithstanding anything co ntained in section 31 of the Electronic Transactions 
Ordinance 2002 (LI of 2002), any document mentioned in this Act issued through electronic means 
shall be deemed to be a document for the purposes of the Electronic Transactions Ord nance, 2002 
(LI of 2002), and all references to such document in this Act and the applicable provisions contained 
in the First, Second, Fourth and Fifth Schedules shall include their ‘electronic form ’ and all such 
documents shall attract all the protections and exemptions provid ed for in the Electronic Transaction 
Ordinance 2002 (LI of 2002). 
7. Repeal. ___The Carriage by Air Act, 1934 (XX of 1934), the Carriage by Air (International 
Convention) Act, 1966 (X of 1966), and the Carriage by Air (Supplementary Convention) Act, 1968 
(V of 1968) are hereby repealed. 
 
 
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  1[8. Power to make rules. ___ (I) The Federal Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Act. 
  (2) The rules may contain provisions for swift disposal of dis putes and payment of liability 
by the carrier or any other person under this Act.] 
____________ 
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 OTHE RPERSONS. 
RULES 
CHAPTER _I 
SCOPE – DEFINITIONS 
1.  (1) 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 pe rformed 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 s eries 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. 
 
1Ins. by Act No. XL of 2026, s. 7. 
 
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 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 1. ___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 alt eration 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 tic ket 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 pas senger 
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 particulars:___ 
(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; 
 
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(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 delivere d, 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, irre gularity 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 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 b y 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 carr ier 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 particulars:⸻ 
(a)  the place and date of its execution; 
 
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(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 th e 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 
numbers upon them; 
(i)  the weight, the quantity and the volume or dimensions of the goods; 
(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; 
(o) the documents handed, to the carrier to accompany the air consignment note; 
(p) the time fixed for the completion of the carriage and a brief note of the route 
to be followed, if these matters have been agreed upon; 
(q) a statement that the carriage is subject to the rules relating to liability 
contained in this Schedule. 
9. If the carrier accepts goods without an air consignment note having been made out, or if 
the air consignment n ote does not contain all the particulars set out in rule 8(a) to (i) inclusive and 
(q), the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude 
or limit his liability. 
10. (1) The consignor is responsible for the  correctness of the particulars and statements 
relating to the goods which he inserts in the air consignment note. 
(2) The consignor will be liable for all damage suffered by the carrier or any other person by 
reason of the irregularity, incorrectness or incompleteness of the said particulars and statements. 
 
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11. (1) The air consignment note is prima facie evidence of the conclusion of the contract, of 
the receipt of the goods and of the conditions of carriage. 
(2) The statements in the air consignment note 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 ag ainst the carrier  except so far as they both have been, and are stated in the air 
consignment note 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 ou t 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 air consignment note, or by requiring them to be returned to 
the aerodrome of departure. He must not exercise this right of d isposition in such a way as to 
prejudice the carrier or other consignors 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 air consignment note delivered to the latter, he will be 
liable, without prejudice to his right of recovery from the cons ignor, for any damage which may be 
caused thereby to any person who is lawfully in possession of that part of the air consignment note. 
(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 consignment 
note 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 air consignment 
note 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 air consignment note. 
(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 carries out the obligations imposed by the contract. 
 
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15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or 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 
consignment note: 
Provided that an electronic document of carriage 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 document of carriage a nd the Electronic Transactions 
Ordinance 2002 shall apply to such electronic document of carriage notwithstanding section 31(1)(a) 
of the Electronic Transactions Ordinance 2002. 
16. (1) The consignor must furnish such information and attach to the air cons ignment note 
such documents as are necessary to meet the formalities of customs, octroi or police before the 
goods can be delivered to the consignee. The consignor is liable to the carrier for any damage 
occasioned by the absence, insufficiency or irregula rity of any such information or documents, 
unless the damage is due to the fault of the carrier or his agents. 
(2) The carrier is under no obligation to enquire into t he correctness or sufficiency or  such 
information or documents. 
CHAPTER III 
LIABILITY OF THE CARRIER 
17. The carrier is liable for damage sustained in the event of the death or wounding of a 
passenger or any other bodily injury suffered by a passenger, if the accident which caused the 
damage so sustained took place on board the aircraft or in the course of any of the operations of 
embarking or disembarking. 
18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or 
of damage to, any registered luggage or any goods, if the occurrence which caused the damage  so 
sustained took place during the carriage by air. 
(2) The carriage by air within the meaning of the preceding paragraph comprises the period 
during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board 
an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. 
(3) The period of the carriage by air does not extend to any carriage by land, by sea or by 
river performed outside an aerodrome. If, however, such a carriage takes place in the p erformance of 
a contract for carriage by air, for the purpose of loading, delivery or trans -shipment, 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. 
19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, 
luggage or goods. 
20. (1) The carrier is not liable if he proves that he and his agents have taken all necessary 
measures to avoid the damage or that it was impossible for him or them to take such measures. 
 
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(2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage 
was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation 
and that, in all other respec ts, he and his agents have taken all necessary measures to avoid the 
damage. 
21. If the carrier proves that the damage was caused by or contributed to by the negligence of 
the injured person the Court may exonerate the carrier wholly or partly from his liability. 
22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to 
the sum of 125,000 francs. Where damages may be awarded in the form of periodical payments, the 
equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by 
special contract the carrier and the passenger may agree to a higher limit of liability. 
(2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to 
a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was 
handed over to the carrier, a special declaration of the value at delivery 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 he proves that that sum is greater than the actual value to the consignor at 
delivery. 
(3) As regards objects of which the passenger takes charge himself the liability of the carrier 
is limited to 5,000 francs per passenger. 
(4) The sums mentioned in this rule shall be deemed to refer to the French franc consisting of 
65-1/2 milligrams gold of milesimal fineness 900. 
23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that 
which is laid down in these rules shall be null and void, but the nullity of any such provision does 
not involve the nullity of the whole contract, which shall remain subject to the provisions of this 
Schedule. 
24. (1) In the cases covered by rules 18 and 19 any action for damages, however founded, can 
only be brought subject to the conditions and limits set out in this Schedule. 
(2) In the cases covered by rule 17 the provisions of sub -rule (1) also apply, without 
prejudice to the questions as to who are the persons who have the right to bring suit and what are 
their respective rights. 
25. (1) The carrier shall not be entitled to avail himself of the provisions of this Schedule 
which exclude or limit his liability, if the damage is caused by his willful miscon duct or by such 
default on his part as is in the opinion of the Court equivalent to willful misconduct. 
(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the 
damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment. 
26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is 
prima facie  evidence that the same have been delivered in good condition and in accordance with 
the document of carriage. 
 
Page 14 of 53 
 
(2) In the case of damage, the person entitled to delivery must complain to the carrier 
forthwith after the discovery of the damage, and, at the latest, within three days from the date of 
receipt in the case of luggage and seven days from the date of r eceipt in the case of goods. In the 
case of delay the complaint must be made at the latest within fourteen days from the date on which 
the luggage or goods have been placed at his disposal. 
(3) Every complaint must be made in writing upon the document of c arriage or by separate 
notice in writing dispatched within the times aforesaid. 
(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in 
the case of fraud on his part. 
27. In the case of the death of the person liable, an action for damages lies in accordance with 
these rules against those legally representing his estate. 
28. An action for damages must be brought at the option of the plaintiff, either before the 
Court having jurisdiction where the carrier is ordinar ily resident, or has his principal place of 
business, or has an establishment by which the contract has been made or before the Court having 
jurisdiction at the place of destination. 
29. The right of damages shall be extinguished if an action is not brough t within two years, 
reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to 
have arrived, or from the date on which the carriage stopped. 
30. (1) In the case of carriage to be performed by various successive ca rriers and falling 
within the definition set out in sub-rule (4) of rule 1, each carrier who accepts passengers, luggage or 
goods is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting 
parties to the contract of carriage in so far as the contract deals with that part of the carriage which is 
performed under his supervision. 
(2) In the case of carriage of this nature, the passenger or his representative can take action 
only against the carrier who performed the carriag e during which the accident or the delay occurred, 
save in the case where, by express agreement, the first carrier has assumed liability for the whole 
journey. 
(3) As regards luggage or goods, the passenger or consignor will have a right of action 
against the first carrier, and the passenger or consignee who is entitled to delivery will have a right 
of action against the last carrier, and further, each may take action against the carrier who performed 
the carriage during which the destruction, loss, damage or delay took place. These carriers will be 
jointly and severally liable to the passenger or to the consignor or consignee. 
CHAPTER IV 
PROVISIONS RELATING TO COMBINED CARRIAGE 
 31. (1) In the case of combined carriage performed partly by air and partly by any other 
mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the 
carriage by air falls within the terms of rule 1. 
 
Page 15 of 53 
 
 (2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from  
inserting in the document of air carriage conditions relating to other modes of carriage, provided that 
the provisions of this Schedule are observed as regards the carriage by air. 
CHAPTER V 
GENERAL AND FINAL PROVISIONS 
32. Any clause contained in the con tract and all special agreements entered into before the 
damage occurred by which the parties purport to infringe the rules laid down by this Schedule, 
whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null an d 
void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to these rules, if 
the arbitration is to take place in the territory of one of the H igh Contracting Parties within O ne of 
the jurisdictions referred to in rule 28. 
33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter 
into any contract of carriage, or from making regulations which do not conflict with the provisions 
of this Schedule. 
34. This Schedule does not apply to internation al carriage by air performed by way of 
experimental trial by air navigation undertakings with the view to the establishment of a regular line 
of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the 
normal scope of an air carrier’s business. 
35. The expression “days” when used in these rules means current days, not working days. 
36. When a High Contracting Party has declared at the time of ratification of or of accession 
to the Convention that the first paragraph  of Article 2 of the Convention shall not apply to 
international carriage by air performed directly by the State, its colonies, protectorates or mandated 
territories or by any other territory under its sovereignty, suzerainty or authority, these rules shal l not 
apply to international carriage by air so performed. 
THE SECOND SCHEDULE 
[See section 3(2)] 
THE WARSAW CONVENTION AS AMENDED AT THE HAGUE, 1955 
UNIFICATION OF CERTAIN RULES RELATING 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. 
 
Page 16 of 53 
 
(2) In these rules “High Contracting Part y” 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 te rritory of another State, 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 territor y 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. 
 
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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 incorpo rated 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 ot her 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 sub ject 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 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 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 car rier 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. 
 
Page 18 of 53 
 
(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 s eparate 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 oth er 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) T he 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 air way 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 air way 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 air way 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. 
 
Page 19 of 53 
 
(2) If it is impossible to carry out the orders of the co nsignor 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 consig nee 
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 carr ier to hand over to him the air way bill and to 
deliver the goods to him, on payment of the charges due and on complying with the conditions o f 
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 carries out the obligations imposed by the contract. 
15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or 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 rule 12, 13 and 14 can only be varied by express provis ion in the 
airway bill. 
(3) Nothing in these rules prevents the issue of a negotiable airway bill: 
Provided that an electronic document of carriage 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 document of carriage and the Electronic Transactions 
Ordinance 2002 shall apply to such electronic document of carriage notwithstanding section 31(1)(a) 
of the Electronic Transactions Ordinance 2002. 
16. (1) The consignor must furnish such in formation and attach to the air way bill such 
documents as are necessary to meet the formalities of customs, octroi or police before the goods 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 or his agents. 
 
Page 20 of 53 
 
(2) The carrier is under no obligation to enquire into the correctness or suff iciency of such 
information or documents. 
CHAPTER III 
LIABILITY OF THE CARRIER 
17. The carrier is liable for damage sustained in the event of the death or wounding of a 
passenger or any other bodily injury suffered by a passenger, if the accident which cau sed the 
damage so sustained took place on board the aircraft or in the course of any of the operations of 
embarking or disembarking. 
18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or 
of damage to, any registe red luggage or any goods, if the occurrence which caused the damage so 
sustained took place during the carriage by air. 
(2) The carriage by air within the meaning of the preceding sub -rule comprises the period 
during which the luggage or goods are in charg e of the carrier, whether in an aerodrome or on board 
an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. 
(3) The period of the carriage by air does not extend to any carriage by land, by sea or by 
river performed outside an aerodrome. If, however, such a 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 e vent which took place 
during the carriage by air. 
19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, 
luggage or goods. 
20. The carrier is not liable if he proves that he and his servants or agents have taken all 
necessary measures to avoid the damage or that it was impossible for him or them to take such 
measures. 
21. If the carrier proves that the damage was caused by or contributed to by the negligence of 
the injured person the Court may exonerate the carrier wholly or partly from his liability. 
22. (1) In the carriage of persons the liability of the carrier for each passenger is limited to the 
sum of two hundred and fifty thousand francs. Where, in accordance with the law of the Court seized 
of the case, damages may be said payments shall not exceed two hundred and fifty thousand francs. 
Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of 
liability. 
  (2) (a) In the carriage of registered baggage and of goods, the liability of the carrier is limited 
to a sum of two hundred and fifty francs per kilogram me, unless the passenger or consignor has 
made, at the time when the package was handed over to the carrier, a special declaration of interest 
in delivery at destination an d has paid a supplementary sum if the case as  requires. In that case the 
carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is 
greater than the passenger’s or consignor’s actual interest in delivery at destination. 
 
Page 21 of 53 
 
  (b) In the case of loss, damage or delay of part of registered baggage or goods, 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 loss, damage or delay of part of the registered baggage or goods, 
or of an object contained therein, affects the value of other packages covered by the sam e baggage 
check or the same  airway bill, the total weight of such package or packages shall also be taken into 
consideration in determining the limit of liability. 
(3) As regards objects of whi ch the passenger takes-charge himself the liability of the carrier 
is limited to five thousand francs per passenger. 
(4) The limits prescribed in this rule shall not prevent 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 plain tiff. 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. 
(5) The sums mentioned in francs in this rule shall be deemed to refer to a currency unit 
consisting of sixty-five and a half milligrammes of go ld of millesimal fineness nine hundred. These 
sums may be converted into national currencies in round figures. Conversion of the sums into 
national currencies other than gold shall, in case of judicial proceedings, be made according to the 
gold value of such currencies at the date of the judgment. 
23. (1) Any provision tending to relieve the carrier of liability or to fix a lower limit than that 
which is laid down in these rules shall be null and void, but the nullity of any such provision does 
not involve the nullity of the whole contract, which shall remain subject to the provisions of this 
Schedule. 
(2) Sub-rule (l) of this rule shall not apply to provisions governing loss or damage resulting 
from the inherent defect, quality or vice of the goods carried. 
24. (1) In the cases covered by rules 18 and l9 any action for damages, however founded, can 
only be brought subject to the conditions and limits set out in this Schedule. 
(2) In the cases covered by rule 17 the provisions of sub -rule (1) also apply, with out 
prejudice to the questions as to p who are the persons who have the right to bring suit and what are 
their respective rights. 
25. The limits of liability specified in rule 22 shall not apply if it is proved that the damage 
resulted from an act or omissi on of the carrier, his 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 
he was acting within the scope of his employment. 
25A. (1) If an action is brought against a servant or agent of the carrier arising out of damage 
to which these rules relate, such servant or agent, if he proves that he acted within the scope of his 
 
Page 22 of 53 
 
employment, shall be e ntitled to avail himself of the limits of liability which that carrier himself is 
entitled to invoke under rule 22. 
(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that 
case, shall not exceed the said limits. 
(3) The provisions of sub -rules (1) and (2) of this rule shall not apply if it is proved that the 
damage resulted from an act or omission of the servant or agent done with intent to cause damage or 
recklessly and with knowledge that damage would probably result. 
26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is 
prima facie  evidence that the same have been delivered in good condition and in accordance with 
the document of carriage. 
(2) In the case of damage, the person entitled to delivery must complain to the carrier 
forthwith after the discovery of the damage, and, at the latest, within seven days from the date of 
receipt in the case of baggage and fourteen days from the date of receipt in the case of goods. In the 
case of delay the complaint must be made at the latest within twenty -one days from the date on 
which the baggage or goods have been placed at his disposal. 
(3) Every complaint must be made in writing upon the document of carriage or by separate 
notice in writing dispatched within the times aforesaid. 
(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in 
the case of fraud on his part. 
27. In the case of the death of the person liable, an action for damages lies in accordance with 
these rules against those legally representing his estate. 
28. An action for damages must be brought at the option of the plaintiff, either before the 
Court having jurisdiction where the carrier is ordinarily resident, or has his principal pl ace of 
business, or has an establishment by which the contract has been made or before the Court having 
jurisdiction at the place of destination. 
29. The right of damages shall be extinguished if an action is not brought within two years, 
reckoned from the  date of arrival at the destination or from the date on which the aircraft ought to 
have arrived, or from the date on which the carriage stopped. 
30. (1) In the case of carriage to be performed by various successive carriers and falling 
within the definiti on set out in sub -rule (4) of rule 1, each carrier who accepts passengers, baggage 
or goods is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting 
parties to the contract of carriage in so far as the contract deals w ith that part of the carriage which is 
performed under his supervision. 
(2) In the case of carriage of this nature, the passenger or his representative can take action 
only against the carrier who performed the carriage during which the accident or the del ay occurred, 
save in the case where, by express agreement, the first carrier has assumed liability for the whole 
journey. 
 
Page 23 of 53 
 
(3) As regards baggage or goods, the passenger or consignor will have a right of action 
against the first carrier, and the passenger o r consignee who is entitled to delivery will have a right 
of action against the last carrier, and further, each may take action against the carrier who performed 
the carriage during which the destruction, loss, damage or delay took place.  These carriers wi ll be 
jointly and severally liable to the passenger or to the consignor or consignee. 
CHAPTER IV 
PROVISIONS RELATING TO COMBINED CARRIAGE 
31. (1) In the case of combined carriage performed partly by air and partly by any other mode 
of carriage, the provisi ons of this Schedule apply only to the carriage by air, provided that the 
carriage by air falls within the terms of rule 1. 
(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from 
inserting in the document of air carria ge conditions relating to other mode of carriage, provided that 
the provisions of this Schedule are observed as regards the carriage by air. 
CHAPTER V 
GENERAL AND FINAL PROVISIONS 
32. Any clause contained in the contract and all special agreements entered into before the 
damage occurred by which the parties purport to infringe the rules laid down by this Schedule, 
whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and 
void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to these rules, if 
the arbitration is to take place in the territory of one of the High Contracting Parties within one of the 
jurisdictions referred to in rule 28. 
33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter 
into any contract of carriage, or from making regulations which do not conflict with the provisions 
of this Schedule. 
34. The provisions of rules 3 to 9 inclusive relating to documents of carriage shall not  apply 
in the case of carriage performed in extraordinary circumstances outside the normal scope of an air 
carrier’s business. 
35. The expression “days” when used in these rules means current days, not working days. 
36. For the purposes of these rules the word “territory” means not only the metropolitan 
territory of a State but also all other territories for the foreign relations of which that State is 
responsible. 
37. When a High Contracting Party has declared at the time of ratification of or of accession  
to the Convention that the first paragraph of Article 2 of the Convention shall not apply to 
international carriage by air performed directly by the State, its colonies, protectorates or mandated 
territories or by any other territory under its sovereignty , suzerainty or authority these rules shall not 
apply to international carriage by air so performed. 
 
 
Page 24 of 53 
 
THE THIRD SCHEDULE 
[See section 3(3)] 
THE GUADALAJARA CONVENTION 1961 
UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL  
CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE 
     CONTRACTING CARRIER 
RULES 
 1. In these rules,— 
(a) “Warsaw Convention ” means the Convention for the Unification of Certain 
Rules Relating to International Carriage by Air signed at Warsaw on 12 th 
October, 1929, or the Warsaw C onvention as amended at The Hague, 1955, 
according to whether the carriage under the agreement referred to in 
paragraph (b) is governed by the one or by the other; 
(b)  “Contracting Carrier” means a person who as a principal makes an agreement 
for carriage  governed by the Warsaw Convention with a passenger or 
consignor or with a person acting on behalf of the passenger or consignor; 
(c)  “actual carrier ” means a person, other than the contracting carrier, who, by 
virtue of authority from the contracting car rier, performs the whole or part of 
the carriage contemplated in paragraph (b) but who is not with respect to such 
part a successive carrier within the meaning of the Warsaw Convention. Such 
authority is presumed in the absence of proof to the contrary. 
2. If an actual carrier performs the whole or part of carriage which according to the 
agreement referred to in Article 1, paragraph (b), is governed by the Warsaw Convention, both the 
contracting carrier and the actual carrier shall, except as otherwise provided in these rules, be subject 
to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the 
agreement, the latter solely for the carriage which he performs. 
3. The acts and omissions of the actual carrier and of his servants and agents acting within 
the scope of their employment shall in relation to the carriage performed by the actual carrier, be 
deemed to be also those of the contracting carrier. 
4. The acts and omissions of the contracting carrier and of his servan ts and agents acting 
within the scope of their employment shall, in relation to the carriage performed by the actual 
carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall 
subject the actual carrier to liabil ity exceeding the limits specified in Article 22 of the Warsaw 
Convention. Any special agreement under which the contracting carrier assumes obligations not 
imposed by the Warsaw Convention or any wa iver of rights conferred by the  Convention or any 
special declaration of interest in delivery at destination contemplated in Article 22 of the said 
Convention, shall not affect the actual carrier unless agreed to by him. 
5. Any complaint to be made or order to be given under the Warsaw Convention to the 
carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. 
 
Page 25 of 53 
 
Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if 
addressed to the contracting carrier. 
6. In relation to the  carriage performed by the actual carrier, any servant or agent of that 
carrier or of the contracting carrier shall, if he proves that he acted within the scope of his 
employment, be entitled to avail himself of the limits of liability which are applicable  under these 
rules to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, 
under the Warsaw Convention, prevents the limits of liability from being invoked. 
7. In relation to the carriage performed by the actual car rier, the aggregate of the amounts 
recoverable from that carrier and the contracting carrier, and from their servants and agents acting 
within the scope of their employment, shall not exceed the highest amount which could be awarded 
against either the cont racting carrier or the actual carrier under these rules, but none of the persons 
mentioned shall be liable for a sum in excess of the limit applicable to him. 
8. In relation to the carriage performed by the actual carrier, an action for damages may be 
brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both 
together or separately. If the action is brought against only one of those carriers, that carrier shall 
have the right to require the other carrier to be joined in the proceedings, the procedure and effects 
being governed by the law of the Court seized of the case. 
9. Any action for damages contemplated in rule 8 must be brought at the option of the 
plaintiff, either before a Court in which an action may be  brought against the contracting carrier, as 
provided in Article 28 of the Warsaw Convention or before the Court having jurisdiction at the place 
where the actual carrier is ordinarily resident or has his principal place of business. 
10. Any contractual provision tending to relieve the contracting carrier or the actual carrier of 
liability under these rules or to fix a lower limit than that which is applicable according to these rules 
shall be null and void, but the nullity of any such provision does not in volve the nullity of the whole 
agreement, which shall remain subject to the provisions of these rules. 
11. In respect of the carriage performed by the actual carrier, rule 10 shall not apply to 
contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of 
the cargo carried. 
12. Any clause contained in an agreement for carriage and all special agreements entered into 
before the damage occurred by which the parties purport to infringe these rules, whether by deciding 
the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, 
for the carriage of cargo arbitration clauses are allowed, subject to these rules, if the arbitration is to 
take place in one of the jurisdictions referred to in rule 9. 
13. Except as provided in rule 8, nothing in these rules shall affect the rights and obligations 
of the two carriers between themselves. 
 
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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 per formed 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 agr eement 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 an other 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 t o 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. 
 
 
 
Page 27 of 53 
 
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 govern s 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 mea ns which preserves a record of the carriage to be performed may be 
substituted for the delivery of an air way bill. If such other means are used, the carrier shall, if so 
requested by the consignor, deliver to the consignor a cargo receipt permitting identi fication of the 
consignment and access to the information contained in the record preserved by such other means. 
5. Contents of air way 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 
 
Page 28 of 53 
 
document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation 
or liability resulting therefrom. 
7. Description of air way bill. ___ (1) The air way 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 m akes out the air way 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 con signor 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 affec t 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 consigno r is responsible 
for the correctness of the particulars and statements relating to the cargo inserted by  it or on its 
behalf in the air way bill or furnished by it or on its behalf to the carrier for insertion in the cargo 
receipt or for insertion in the re cord 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 suf fered 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 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 air way 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. 
 
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(2) Any statements in the air way bill or the cargo receipt relating to the weight, dimensions 
and packing of the cargo, as well as those relatin g 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 ins tructions of the consignor for the disposition of the cargo 
without requiring the pr oduction of the part of the air way bill or the cargo receipt delivered to the 
latter, the carrier will be liable, without prejudice to its right of recovery from the consig nor, for any 
damage which may be caused thereby to any person who is lawfully in pos session 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, t he 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 consigne e 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 1 2 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. 
 
Page 30 of 53 
 
(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 air way bill shall be deemed to be a negotiable in strument 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 air way bill and the Electronic Transactions Ordinance 2002 sha ll 
apply to such electronic air way bill notwithstanding se ction 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 d ue 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 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 h as 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 Sche dule 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 cause d the 
damage so sustained took place during the carriage by air. 
 
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(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 ca rrier 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, e xit 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 la nd, 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 t he 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 agreemen t 
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, t he 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 passeng er. 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 1[151,880] 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 1 7 to the 
extend that they exceed for each passenger 1[151,880] Special Drawing Rights if the carrier proves 
that: 
1Subs. by Act No. XL of 2026, s. 8. 
 
Page 32 of 53 
 
(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 o ther 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 1[6303] 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[1519] 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 ca se so 
requires. In that case  carrier will be liable to pay a sum not exceeding the de clared 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 1[26] 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 tha t 
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 ca rgo, 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 p ackages 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 referre d 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 paragraphs 1 and 2 of this rule shall not apply if it is proved 
that t he 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 prevent 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 e xceed 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. 
1Subs.  by Act No. XL of 2026, s. 8. 
 
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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 s hall, 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 States which are not Members of the International Monet ary 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 limit of liability of the 
carrier prescribed in rul e 21 is fixed at a sum of 1500 000 monetary units per passenger in judicial 
proceedings in their ter ritories; 62500 monetary units per passenger with respect to paragraph 1 of 
rule 22; 15,000 monetary units per passenger 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 thi s rule shall be made in such manner as to express 
in the national currency of the State Party as far as possible the same rea l 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, acceptan ce, approval of or accession to this Schedule 
and whenever there is a change in either. 
24. Review of limits.  ___(1) Without prejudice to the provisions of rule 25 of this Schedule 
and subject to paragraph 2 below, the limits of liability prescribed in rul es 21, 22 and 23 shall be 
reviewed by the Depositary at five-year intervals, the first such review to take place at the end of the 
fifth year following the date of entry into force of the Convention, or if the Convention does not 
enter into force within fi ve years of the date it is first open for signature, within the first year of its 
entry into force, by reference to an inflation factor which corresponds to the accumulated rate of 
inflation since the previous revision or in the first instance since the da te of entry into force of the 
Convention. The measure of the rate of inflation to be used in determining the inflation factor shall 
be the weighted average of the annual rates of increase or decrease in the Consumer Price Indices of 
the States whose curren cies comprise the Special Drawing Right mentioned in paragraph 1 of rule 
23. 
(2) If the review referred to in the preceding paragraph concludes that the inflation factor has 
exceeded 10 per cent, the Depositary shall notify States Parties of a revision of the limits of liability. 
Any such revision shall become effective six months after its notification to the States Parties. If 
within three months after its notification to the States Parties a majority of the States Parties register 
their disapproval, the revision shall not become effective and the Depositary shall refer the matter to 
a meeting of the States Parties. The Depositary shall immediately notify all States Parties of the 
coming into force of any revision. 
 
Page 34 of 53 
 
(3) Notwithstanding paragraph 1 of this r ule, the procedure referred to in paragraph 2 of this 
rule shall be applied at any time provided that one -third of the States Parties express a desire to that 
effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 per cent 
since the previous revision or since the date of entry into force of this Convention if there has been 
no previous revision. Subsequent reviews using the procedure described in paragraph 1 of this rule 
will take place at five -year intervals starting  at the end of the fifth year following the date of the 
reviews under the present paragraph. 
25. Stipulation on limits.  ___ A carrier may stipulate that the contract of carriage shall be 
subject to higher limits of liability than those provided for in this  Schedule or to no limits of liability 
whatsoever. 
26. Invalidity of contractual provisions.  ___ Any provision tending to relieve the carrier of 
liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, 
but the nullity of any such provision does not involve the nullity of the whole contract, which shall 
remain subject to the provisions of this Schedule. 
27. Freedom to contract.  ___ Nothing contained in this Schedule shall prevent the carrier 
from refusing to ent er into any contract of carriage, from waiving any defences available under the 
Schedule, or from laying down conditions which do not conflict with the provisions of this Schedule. 
1[28. Advance payments. ___ (1) In case of aircraft accident resulting in death of a passenger, 
the carrier shall, within thirty  days from the date of  submission of succession certificate, make full 
advance payment under rule 2l to a natural person or persons who is  or are entitled to claim 
compensation.  
(2) In case of aircraft accident resulting in injury to a passenger, the carrier shall, in 
accordance with the annual general or special direction  of the Pakistan Civil Aviation  Authority, 
make advance payments without delay to a natural person or persons who is or are entitled t o claim 
compensation in order to meet the immediate economic needs of such person or persons. 
(3) Any advance payment under this rule shall not constitute recognition of liability and may 
be offset against any amounts subsequently paid as damages by the carrier.] 
29. Basis of claims.  ___ In the carriage of passengers, baggage and cargo, any action for 
damages, however founded, whether under this Schedule or in contract or in tort or otherwise, can 
only be brought subject to the conditions and such limits of  liability as are set out in this Schedule 
without prejudice to the question as to who are the persons who have the right to bring suit and what 
are their respective rights. In any such action, punitive, exemplary or any other non -compensatory 
damages shall not be recoverable. 
30. Servants, agents __ Aggregation of claims.  ___(1) If an y action is brought against a 
servant or agent of the carrier arising out of damage to which this Schedule relates, such servant s or 
agent, if they prove that they acted withi n the scope of their employment, shall be entitled to avail 
themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under 
this Schedule. 
1Subs. by Act No. XL of 2026, s. 8. 
 
 
Page 35 of 53 
 
(2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that 
case, shall not exceed the said limits. 
(3) Save in respect of the carriage of cargo, the provisions of paragraphs 1 and 2 of this rule 
shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent 
done with intent to cause damage or recklessly and with knowledge that damage would probably 
result. 
 31. Timely notice of complaints. ___(1) Receipt by the person entitled to delivery of checked 
baggage or cargo without complaint is prima facie  evidence that the same has been delivered in 
good condition and in accordance with the document of carriage or with the record preserved by the 
other means referred to in paragraph 2 of rule 3 and paragraph 2 of rule 4. 
(2) In the case of damage, the person entitled to delivery must complain to the carrier 
forthwith after the discovery of the damage, and, at the latest, within seven days from the date of 
receipt in the case of checked baggage and fourteen days from the date  of receipt in the case of 
cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the 
date on which the baggage or cargo have been placed at his or her disposal. 
(3) Every complaint must be made in writing and giv en or dispatched within the times 
aforesaid. 
(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, 
save in the case of fraud on its part. 
32. Death of person liable.  ___ In the case of the death of the person liab le, an action for 
damages lies in accordance with the terms of this Schedule against those legally representing his or 
her estate. 
33. Jurisdiction. ___ (1) An action for damages must be brought, at the option of the plaintiff, 
in the territory of one of t he State Parties, either before the court of the domicile of the carrier or of 
its principal place of business, or where it has a place of business through which the contract has 
been made or before the court at the place of destination. 
(2) In respect of damage resulting from the death or injury of a passenger, an action may be 
brought before one of the courts mentioned in paragraph 1 of this rule, or in the territory of a State 
Party in which at the time of the accident the passenger has his or her princi pal and permanent 
residence and to or from which the carrier operates services for the carriage of passengers by air, 
either on its own aircraft or on another carrier ’s aircraft pursuant to a commercial agreement, and in 
which that carrier conducts its bus iness of carriage of passengers by air from premises leased or 
owned by the carrier itself or by another carrier with which it has a commercial agreement. 
 (3) For the purposes of paragraph 2, ___ 
(a)  “commercial agreement ” means an agreement, other than an agency 
agreement, made between carriers and relating to the provision of their joint 
services for carriage of passengers by air; 
 
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(b) “principal and permanent residence ” means the one fixed and permanent 
abode of the passenger at the time of the accident . The nationality of the 
passenger shall not be the determining factor in this regard. 
 34. Arbitration.  ___ (1) Subject to the provisions of this rule, the parties to the contract of 
carriage for cargo may stipulate that any dispute relating to the liabil ity of the carrier under this 
Schedule shall be settled by arbitration. Such agreement shall be in writing. 
(2) the arbitration proceedings shall, at the option of the claimant, take place within one of 
the jurisdictions referred to in rule 33. 
(3) the arbitrator or arbitration tribunal shall apply the provisions of this Schedule. 
(4) The provisions of paragraphs 2 and 3 of this rule shall be deemed to be part of every 
arbitration clause or agreement, and any term of such clause or agreement which is incons istent 
therewith shall be null and void. 
35. Limitation of actions.  ___ The right to damages shall be extinguished if an action is not 
brought within a period of two years, reckoned from the date of arrival at the destination, or from the 
date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. 
36. Successive carriage. ___ (1) In the case of carriage to be performed by various successive 
carriers and falling within the definition set out in paragraph 3 of rule 1, eac h carrier which accepts 
passengers, baggage or cargo is subject to the rules set out in this Schedule and is deemed to be one 
of the parties to the contract of carriage in so far as the contract deals with that part of the carriage 
which is performed under its supervision. 
(2) In the case of carriage of this nature, the passenger or any person entitled to compensation 
in respect of him or her can take action only against the carrier which performed the carriage during 
which the accident or the delay occurre d, save in the case where, by express agreement, the first 
carrier has assumed liability for the whole journey. 
(3) As regards baggage or cargo, the passenger or consignor will have a right of action 
against the first carrier, and the passenger or consigne e who is entitled to delivery will have a right 
of action against the last carrier, and further, each may take action against the carrier which 
performed the carriage during which the destruction, loss, damage or delay took place. These 
carriers will be jointly and severally liable to the passenger or to the consignor or consignee. 
37. Right of recourse against third parties.  ___ Nothing in this Schedule shall prejudice the 
question whether a person liable for damage in accordance with its provisions has a right of recourse 
against any other person. 
CHAPTER-IV 
COMBINED CARRIAGE 
38. Combined carriage. ___ (1) In the case of combined carriage performed partly by air and 
partly by any other mode of carriage, the provisions of this Schedule shall, subject to par agraph 4 of 
rule 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of 
rule 1. 
 
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(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from 
inserting in the document of air carriage conditions relating to other modes of carriage, provided that 
the provisions of this Schedule are observed as regards the carriage by air. 
CHAPTER-V 
CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE 
CONTRACTING CARRIER 
39. Contracting carrier  ⸻Actual carrier. ___ The provisions of this Chapter apply when a 
person (hereinafter referred to as “the contracting carrier ”) as a principal makes a contract of 
carriage governed by this Schedule with a passenger or consignor or with a person acting on behalf 
of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier ”) 
performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is 
not with respect to such part a successive carrier within the meaning of this Schedule. Such authority 
shall be presumed in the absence of proof to the contrary. 
40. Respective liability of contracting and actual carriers.  ___ If an actual carrier performs 
the whole or part of carriage which, according to th e contract referred to in rule 39, is governed by 
this Schedule, both the contracting carrier and the actual carrier shall, except as otherwise provided 
in this Chapter, be subject to the rules of this Schedule, the former for the whole of the carriage 
contemplated in the contract, the latter solely for the carriage which it performs. 
41. Mutual liability.  ___ (1) The acts and omissions of the actual carrier and of its servants 
and agents acting within the scope of their employment shall, in relation to the  carriage performed 
by the actual carrier, be deemed to be also those of the contracting carrier. 
(2) The acts and omissions of the contracting carrier and of its servants and agents acting 
within the scope of their employment shall, in relation to the car riage performed by the actual 
carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall 
subject the actual carrier to liability exceeding the amounts referred to in rules 21, 22, 23 and 24. 
Any special agreement under which the contracting carrier assumes obligations not imposed by this 
Schedule or any waiver of rights or defences conferred by this Schedule or any special declaration of 
interest in delivery at destination contemplated in rule 22 shall not affect the actual carrier unless 
agreed to by it. 
42. Addressee of complaints and instructions.  ___ Any complaint to be made or instruction 
to be given under this Schedule to the carrier shall have the same effect whether addressed to the 
contracting carrier or to the actual carrier. Nevertheless, instructions referred to in rule 12 shall only 
be effective if addressed to the contracting carrier. 
43. Servants and agents.  ___ In relation to the carriage performed by the actual carrier, any 
servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within 
the scope of their employment, be entitled to avail themselves of the conditions and limits of liability 
which are applicable under this Schedule to the carrier whose servant  or agent they are, unless it is 
proved that they acted in a manner that prevents the limits of liability from being invoked in 
accordance with this Schedule. 
44. Aggregation of damages.  ___ In relation to the carriage performed by the actual carrier, 
the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their 
 
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servants and agents acting within the scope of their employment, shall not exceed the highest amount 
which could be awarded against either the contracting ca rrier or the actual carrier under this 
Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit 
applicable to that person. 
45. Addressee of claims. ⸻ In relation to the carriage performed by the actual carrier, an 
action for damages may be brought, at the option of the plaintiff, against that carrier or the 
contracting carrier, or against both together or separately. If the action is brought against o nly one of 
those carriers, that carrier shall have the right to require the other carrier to be joined in the 
proceedings. 
46. Additional jurisdiction.  ___ Any action for damages contemplated in rule 45 must be 
brought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court 
in which an action may be brought against the contracting carrier, as provided in rule 33, or before 
the court having jurisdiction at the place where the actual carrier has its domicile or it s principal 
place of business. 
47. Invalidity of contractual provisions.  Any contractual provision tending to relieve the 
contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that 
which is applicable accord ing to this Chapter shall be null and void, but the nullity of any such 
provision does not involve the nullity of the whole contract, which shall remain subject to the 
provisions of this Chapter. 
 48. Mutual relations of contracting and actual carriers.  ___ Except as provided in rule 45, 
nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, 
including any right of recourse or indemnification. 
CHAPTER-VI 
OTHER PROVISIONS 
 49. Mandatory application.  ___ Any clause contained in the contract of carriage and all 
special agreements entered into before the damage occurred by which the parties purport to infringe 
the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the 
rules as to jurisdiction, shall be null and void. 
50. Insurance. ___States Parties shall require their carriers to maintain adequate insurance 
covering their liability under this Schedule. A carrier may be required by the State Party into which 
it operates to furnish  evidence that it maintains adequate insurance covering its liability under this 
Schedule. 
51. Carriage performed in extraordinary circumstances. ___ The provisions of rules 3 to 5, 
7 and 8 relating to the documentation of carriage shall not apply in the c ase of carriage performed in 
extraordinary circumstances outside the normal scope of a carrier’s business. 
52. Definition of days. ___The expression “days” when used in this Schedule means calendar 
days, not working days. 
 
 
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CHAPTER-VII 
FINAL CLAUSES 
53. Signature, Ratification and Entry into Force. ___ (1) This Convention shall be open for 
signature in Montreal on 28 May, 1999 by States participating in the International Conference on Air 
Law held at Montreal from 10 to 28 May, 1999. After 28 May, 1999, the Co nvention shall be open 
to all States for signature at the headquarters of the International Civil Aviation Organization in 
Montreal until it enters into force in accordance with paragraph 6 of this Article. 
(2) This Convention shall similarly be open for s ignature by Regional Economic Integration 
Organizations. For the purpose of this Convention, a “Regional Economic Integration Organization” 
means any organization which is constituted by sovereign States of a given region which has 
competence in respect of  certain matters governed by this Convention and has been duly authorized 
to sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or 
“States Parties ” in this Convention, otherwise than in paragraph 2 of Article 1 , paragraph 1(b) of 
Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies 
equally to a Regional Economic Integration Organization. For the purpose of Article 24, the 
references to “a majority of the States Part ies” and “one-third of the States Parties ” shall not apply 
to a Regional Economic Integration Organization. 
(3) This Convention shall be subject to ratification by States and by Regional Economic 
Integration Organizations which have signed it. 
(4) Any Sta te or Regional Economic Integration Organization which does not sign this 
Convention may accept, approve or accede to it at any time. 
(5) Instruments of ratification, acceptance, approval or accession shall be deposited with the 
International Civil Aviation Organization, which is hereby designated the Depositary. 
(6) This Convention shall enter into force on the sixtieth day following the date of deposit of 
the thirtieth instrument of ratification, acceptance, approval or accession with the Depository 
between the States which have deposited such instrument. An instrument depos ited by a  Regional 
Economic Integration Organization shall not be counted for the purpose of this paragraph. 
(7) For the States and for other Regional Economic Integration Organizations,  this 
Convention shall take effect sixty days following the date of deposit of the instrument of ratification, 
acceptance, approval or accession. 
(8) The Depository shall promptly notify all signatories and States Parties of: 
(a) each signature of this Convention and date thereof; 
(b) each deposit of an instrument of ratification, acceptance, approval or 
accession and date thereof; 
(c) the date and entry into force of this Convention; 
(d) the date of the coming  into force of any revision of the limits of li ability 
established under this Convention; 
 
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(e) any denunciation under Article 54. 
54. Denunciation . ___ (1) Any State Party may denounce this Convention by written 
notification to the Depositary.  
(2) Denunciation shall take effect one hundred and eighty d ays following the date on which 
notification is received by the Depository. 
55. Relationship with other Warsaw Convention Instruments.  ___ This convention shall 
prevail over any rules which apply to international carriage by air: 
 (1) between States Parties to this Convention by virtue of those States commonly being party 
to 
(a) the Convention for the Unification of Certain R ules relating to International 
Carriage by Air signed at Warsaw on 12 October, 1929 (hereinafter called the 
Warsaw Convention); 
(b) the Protocol to amend the Convention for the Unification of Certain R ules 
relating to International Carriage by Air signed at Warsaw  on 12 October, 
1929 done at he  Hague on 28 Sept ember, 1955 (hereinafter called  The Hague 
Protocol); 
(c) the Convention, Supplementary to the Warsaw Convention for the Unification 
of Certain R ules relating to  International Carriage by Air P erformed by a 
Person other than the Contracting Carrier, signed at Guadalajara on 18 
September, 1961 (hereinafter called the Guadalajara Convention); 
(d) the Protocol to amend the Convention for the Unification  of Certain R ules 
relating to International Carriage by Air signed at Warsaw on 12 October, 
1929 as amended by the Protocol done at The Hague on 28 September, 1955, 
signed at Guatemala City on 8 March, 1971 (hereinafter called t he Guatemala 
City Protocol); 
(e) Additional Protocol Nos.1 to 3 and Montreal Protocol No.4 to amend the 
Warsaw Conv ention as amended by The Hague p rotocol or the Warsaw 
Convention as amended both The Hague Protocol a nd the Guatemala City 
Protocol, signed at Montreal on 25 September , 1975 (hereinafter called the 
Montreal Protocols); or  
  (2) within the territory of any single State Party to this Convention by virtue of that State 
being Party to one or more of the instruments referred to in sub-paragraphs (a) to (e) above. 
56. States with more than one System of Law.  ___ (1) If a State has two or more territorial 
units in which different systems of law are applicable in relation to matters dealt with in this 
Convention, it may be at the time of signature, ratification, acceptance, approval, or accession 
declare that this Convention shall extend to all its territorial units or only one or more of them and 
may modify this declaration by submitting another declaration at any time. 
 
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(2) Any such declaration shall be notified to the Depository and shall state expressly the 
territorial units to which the Convention applies. 
(3) In relation to a State Party which has made such a declaration: 
(a) reference in Article 23 to “national currency” shall be construed as referring 
to the currency of the relevant territorial unit of that State; and 
(b) the reference in Article 28 to “national law” shall be construed as referring to 
the law of the relevant territorial unit of that State; 
57. Reservations.  ___ No reservation may be made to this Convention except that a State 
Party may at any time declare by a notifi cation addressed to the Deposita ry that this Convention 
shall not apply to: 
(a) international carriage by air performed and opera ted directly by that State 
Party for non -commercial purposes in respect to its functions and duties as a 
sovereign State; and/or 
(b) the carriage of persons, cargo and baggage for its military authorities on 
aircraft registered in or leased by that State Party, the whole capacity of which 
has, been reserved by or on behalf of such authorities. 
THE FIFTH SCHEDULE 
[See section 5] 
APPLICABLE RULES RELATING TO CARRIAGE BY AIR WHICH IS NOT 
INTERNATIONAL 
RULES 
CHAPTER I 
GENERAL PROVISONS 
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. 
 
 
 
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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 mea ns 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 g iven 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 prov isions 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 air way 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 air way 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 air way bill. ___ (1) The air way 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 
 
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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 o f the consignor, the carrier makes out the air way 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 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 air way 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 co nsignor 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. Evid entiary value of documentation.  ___ (1) The air way 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 waybi ll 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 no t 
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. 
 
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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 d eparture. 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 pr oduction of the part of the air way bill or the cargo receipt d elivered 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 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 th e 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 c onsignee. ___ 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:  
 
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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 air way bill and the Electronic Transactions Ordinance 2002 sha ll 
apply to such electronic air way 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 da mage 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 suff iciency 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 inju ry 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 case of dest ruction 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. Ho wever, 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 enf orce 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 damag e 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; 
 
Page 46 of 53 
 
(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 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 m easures 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 c aused 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 th at 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. 
1[21. Compensation in case of death or injury. ___ (1) For damages arising under paragraph 
(l) of rule 1 7 not exceeding  Rs. 20,000,000/ - for each passenger, the carrier shall not be able to 
exclude or limit its liability. 
(2) The carrier shall not be liable for dama ges arising under paragraph (1 ) of rule 1 7 to the 
extent that they exceed for each passenger Rs. 20,000,000/- if it is proved 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 a ct or 
omission of a third party] 
1Subs.  by Act No. XL of 2026, s. 9. 
 
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(2) The carrier shall not be liable for damages arising under paragraph (1) of Rule 17 to the 
extent that they exceed for each passenger Rs. 50,00,000/- if it is proved that: 
(a)  such damage was not due to the gross negligence, intent to cause damage, 
willful misconduct or omission of the carrier or its servants or agents; or 
(b) such damage was solely due to the gross negligence, intent to cause  damage, 
willful misconduct or omission of a third party. 
22. Limits of liability in relation to delay, baggage and cargo.  ___ (1) The carrier is liable 
for damage occasioned by delay in the carriage by air of passengers, baggage or cargo to the extent 
of the amount of any such damage which may be proved to have been sustained by reason of such 
delay or of an amount representing double the sum paid for the carriage, whichever amount may be 
smaller: 
Provided that the carrier may, in special circumstances, by  special and separate contract in 
writing expressly by drawing specific and highly conspicuous attention to such a clause exclude, 
increase or decrease the limit of his liability as above provided. 
(2) In the carriage of baggage, the liability of the carri er in the case of destruction, los s, or 
damage is limited to Rs. 1[5000] per kilogramme 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 the 
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, or 
damage is limited to a sum of Rs. 1[5000] per kilogramme, unless the consignor has made, at the 
time when the package was handed over to the carrier, a spe cial 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, or damage 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, or damage of a part of the cargo, or of an object contained 
therein, affects the value of other packages covered by the same airway bill, 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 paragraphs 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 as a result 
of gross negligence, willful misconduct or with intent to cause damage: 
 
1Subs. by Act No. XL of 2026, s. 9. 
 
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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 prevent the court from 
awarding 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 twelve months from 
the date of the occurrence causing the damage , or before the commencement of the action, 
whichever is later. 
23. Review of limits.  ___ Without prejudice to the provisions of Rule 24 of this Schedule the 
limits of liability prescribed in Rules 21 and 22 shall be reviewed by the Federal Government as 
provided 1[sub-section (3) of section 5 of this Act]. 
24. Stipulation on limits.  ___ A carrier may stipulate that the contract of carriage shall be 
subject to higher limits of liability than those provided for in this Schedule or to no limits of liability 
whatsoever. 
25. Invalidity of contractual provisions.  ___ Any provision tending to relieve the carrier of 
liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, 
but the nullity of any such provision does not involve the nullity of the whole contract, which shall 
remain subject to the provisions of this Schedule. 
26. Freedom to contract.  ___ Nothing contained in this Schedule shall prevent the carrier 
from refusing to enter into any contract of carriage, from w aiving any defences available under the 
Schedule, or from laying down conditions which do not conflict with the provisions of this Schedule. 
1[27. Advance payments. ___(1) In case of aircraft accident resulting in death  of a passenger, 
the carrier shall, within thirty days from the date of submission of succession certificate , make 
full advance payment under rule 21 to a natural person or persons who is or are entitled to claim 
compensation.  
(2) In case of aircraft accident resulting in injury of a passeng er, the carrier shall, in 
accordance with the annual general or special direction of the Pakistan Civil Aviation Authority, 
make advance payments without delay to a natural person or persons who is or are entitled to claim 
compensation in order to meet the immediate economic needs of such person or persons.  
(3) Any advance payment under this rule shall not constitute recognition of liability and may 
be offset against any amounts subsequently paid as damages by the carrier.] 
28. Basis of claims.  ___ In the carriage of passengers, baggage and cargo, any action for 
damages, however founded, whether under this Schedule or in contract or in tort or otherwise, can 
only be brought subject to the conditions and such limits of liability as are set out in this Schedu le 
without prejudice to the question as to who are the persons who have the right to bring suit and what 
are their respective rights. In any such action, punitive, exemplary or any other non -compensatory 
damages shall not be recoverable. 
1Subs.  by Act No. XL of 2026, s. 9. 
 
Page 49 of 53 
 
29. Servants, agents - aggregation of claims. ___ (1) If an action is brought against a servant 
or agent of the carrier arising out of damage to which the Schedule relates, such servant or agent, if 
they prove that they acted within the scope of their employment, shall be entitled to avail themselves 
of the conditions and limits of liability which the carrier itself is entitled to invoke under this 
Schedule. 
(2) The aggregate of the amounts recoverable from the carrier, its servants and a gents, in that 
case, shall not exceed the said limits. 
1[(3) Save in respect of the carriage of cargo, the provisions of pa ragraphs (1) and (2) of this 
rule shall not apply if it is proved that the damage resulted from an act or omission of the servant or 
agent of the carrier done with intent to cause damage or recklessly and with knowledge that damage 
would probably result.] 
30. Timely notice of complaints. ___ (1) Receipt by the person entitled to delivery of checked 
baggage or cargo without complaint is prima facie  evidence that the same has been delivered in 
good condition and in accordance with the document of carriage or with the record preserved by the 
other means referred to in paragraph 2 of Rule 3 and paragraph 2 of Rule 4. 
(2) In the case of dama ge, the person entitled to delivery must complain to the carrier 
forthwith after the discovery of the damage, and, at the latest, within three days from the date of 
receipt in the case of checked baggage and seven days from the date of receipt in the case of cargo. 
In the case of delay, the complaint must be made at the latest within fourteen days from the date on 
which the baggage or cargo have been placed at his or her disposal. 
(3) Every complaint must be made in writing and given or dispatched within th e times 
aforesaid. 
(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, 
save in the case of fraud on its part. 
31. Death of person liable.  ___ In the case of the death of the person liable, an action for 
damages lies in accordance with the terms of this Schedule against those legally representing his or 
her estate. 
32. Arbitration.  ___(1) Subject to the provisions of this Rule, the parties to the contract of 
carriage for cargo may stipulate that any dispute relati ng to the liability of the carrier under this 
Schedule shall be settled by arbitration. Such agreement shall be in writing. 
(2) The arbitrator or arbitration tribunal shall apply the provisions of this Schedule. 
(3) The provisions of paragraph 2 of this Ru le shall be deemed to be part of every arbitration 
clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall 
be null and void. 
 
1Subs.  by Act No. XL of 2026, s. 9. 
 
 
Page 50 of 53 
 
33. Limitation of actions.  ___ The right to dama ges shall be extinguished if an action is not 
brought within a period of two years, reckoned from the date of arrival at the destination, or from the 
date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. 
34. Successive carriage. ___ (1) In the case of carriage to be performed by various successive 
carriers, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this 
Schedule and is deemed to be one of the parties to the contract  of carriage in so far as the contract 
deals with that part of the carriage which is performed under its supervision. 
(2) In the case of carriage of this nature, the passenger or any person entitled to compensation 
in respect of him or her can take action only against the carrier which performed the carriage during 
which the accident or the delay occurred, save in the case where, by express agreement, the first 
carrier has assumed liability for the whole journey. 
(3) As regards baggage or cargo, the passeng er or consignor will have a right of action 
against the first carrier, and the passenger or consignee who is entitled to delivery will have a right 
of action against the last carrier, and further, each may take action against the carrier which 
performed th e carriage during which the destruction, loss, damage or delay took place. These 
carriers will be jointly and severally liable to the passenger or to the consignor or consignee. 
35. Right of recourse against third parties.  ___ Nothing in this Schedule shal l prejudice the 
question whether a person liable for damage in accordance with its provisions has a right of recourse 
against any other person. 
CHAPTER-IV 
COMBINED CARRIAGE 
36. Combined carriage. ___ (1) In the case of combined carriage performed partly by  air and 
partly by any other mode of carriage, the provisions of this Schedule shall, subject to paragraph 4 of 
Rule 18, apply only to the carriage by air.  (2) Nothing in this Schedule shall prevent the parties in 
the case of combined carriage from inserti ng in the document of air carriage conditions relating to 
other modes of carriage, provided that the provisions of this Schedule are observed as regards the 
carriage by air. 
CHAPTER-V 
CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE 
CONTRACTING CARRIER 
37. Contracting carrier - actual carrier.  ___ The provisions of this Chapter apply when a 
person (hereinafter referred to as “the contracting carrier ”) as a principal makes a contract of 
carriage governed by this Schedule with a passenger or consignor or with a person acting on behalf 
of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier ”) 
performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is 
not with respect to such part a successive carrier within the meaning of this Schedule. Such authority 
shall be presumed in the absence of proof to the contrary. 
38. Respective liability of contracting and actual carriers. ⸻ If an actual carrier performs 
the whole or part of c arriage which, according to the contract referred to in Rule 37, is governed by 
 
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this Schedule, both the contracting carrier and the actual carrier shall, except as otherwise provided 
in this Chapter, be subject to the rules of this Schedule, the former for  the whole of the carriage 
contemplated in the contract, the latter solely for the carriage which it performs. 
39. Mutual liability.  ___(1) The acts and omissions of the actual carrier and of its servants 
and agents acting within the scope of their employm ent shall, in relation to the carriage performed 
by the actual carrier, be deemed to be also those of the contracting carrier. 
(2) The acts and omissions of the contracting carrier and of its servants and agents acting 
within the scope of their employment shall, in relation to the carriage performed by the actual 
carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall 
subject the actual carrier to liability exceeding the amounts referred to in Rules 21, 22, and  23. Any 
special agreement under which the contracting carrier assumes obligations not imposed by this 
Schedule or any waiver of rights or defences conferred by this Schedule or any special declaration of 
interest in delivery at destination contemplated in  Rule 22 shall not affect the actual carrier unless 
agreed to by it. 
 40. Addressee of complaints and instructions.  ___ Any complaint to be made or instruction 
to be given under this Schedule to the carrier shall have the same effect whether addressed to t he 
contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Rule 12 shall only 
be effective if addressed to the contracting carrier. 
41. Servants and agents.  ___ In relation to the carriage performed by the actual carrier, an y 
servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within 
the scope of their employment, be entitled to avail themselves of the conditions and limits of liability 
which are applicable under this Schedule t o the carrier whose servant or agent they are, unless it is 
proved that they acted in a manner that prevents the limits of liability from being invoked in 
accordance with this Schedule. 
42. Aggregation of damages.  ___ In relation to the carriage performed by the actual carrier, 
the aggregate of the amounts recoverable from that , carrier and the contracting carrier, and from 
their servants and agents acting within the scope of their employment, shall not exceed the highest 
amount which could be awarded again st either the contracting carrier or the actual carrier under this 
Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit 
applicable to that person. 
43. Addressee of claims.  ___ In relation to the carriage performed by  the actual carrier, an 
action for damages may be brought,  at the option of the plaintiff;  against that carrier or the 
contracting carrier, or against both together or separately. If the action is brought against only one of 
those carriers, that carrier sh all have the right to require the other carrier to be joined in the 
proceedings. 
44. Invalidity of contractual provisions. ___ Any contractual provision tending to relieve the 
contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that 
which is applicable according to this Chapter shall be null and void, but the nullity of any such 
provision does not involve the nullity of the whole contract, which shall remain subject to the 
provisions of this Chapter. 
 
Page 52 of 53 
 
45. Mutual relations of contracting and actual carriers.  ___ Except as provided in Rule 42, 
nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, 
including any right of recourse or indemnification. 
CHAPTER-VI 
OTHER PROVISIONS 
46. Mandatory application. ___Any clause contained in the contract of carriage and all 
special agreements entered into before the damage occurred by which the parties purport to infringe 
the rules laid down by this Schedule, whether by deciding th e law to be applied, or by altering the 
rules as to jurisdiction, shall be null and void. 
47. Carriage performed in extraordinary circumstances.  ___The provisions of Rules 3 to 
5, 7 and 8 relating to the documentation of carriage shall not apply in the cas e of carriage performed 
in extraordinary circumstances outside the normal scope of a carrier’s business. 
48. Definition of days. ___The expression “days” when used in this Schedule means calendar 
days, not working days. 
49. Insurance.  ___(1) The carrier sh all maintain adequate insurance covering all possible 
liability under this Schedule. A carrier may be required by the Federal Government to furnish 
evidence that it maintains adequate insurance covering its liability under this Schedule. 
(2) The carrier sh all comply with rules that may be notified through publication in the 
Official Gazette by the Federal Government regarding the obligation of the carrier to maintain 
adequate insurance coverage. 
 
THE SIXTH SCHEDULE 
 
[See sections 3(5) and 5(4)] 
 
PROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A 
PASSENGER 
 
1. The liability shall be enforceable for the benefit of such of the members of the passenger ’s 
family as sustained damage by reason of his death. 
 
In this rule the expression “member of a family” means wife or husband, parent, step-parent, 
grandparent, brother, sister, half-brother, half-sister, child, stepchild, grandchild: 
 
Provided that, in deducing any Such relationship as aforesaid any illegitimate person and any 
adopted person shal l be treated as being, or as having been, the legitimate child of his mother and 
reputed father or, as the case may be. 
 
2. An action to enforce the liability may  be brought by the  personal representative of the 
passenger or by  any person for whose benefit  the liability is under the  last preceding rule 
enforceable, but only one action shall be brought  in Pakistan in respect of the death of any one 
passenger, and every such action by whosoever brought shall be for the benefit of all such persons so 
 
Page 53 of 53 
 
entitled as aforesaid as either are domiciled in Pakistan, or, not being domiciled there, express a 
desire to take the benefit of the action. 
 
3. Subject to the provisions of the next succeeding rule the amount recovered in any  such 
action, after deducting any  costs not recovered from the defendant, shall be  divided between the  
persons entitled in such proportions as the Court may direct. 
 
4. The Court before which any such action is brought may at any stage of the proceedings 
make any such order as appears to the C ourt to be just and equitable in view of, as the case may be, 
the provisions of the First, Second, Third, Fourth and Fifth Schedules to this Bill limiting the liability 
of a carrier and of any proceedings which have been, or are likely to be, commenced outside Pakistan 
in respect of the death of the passenger in question. 
 
5. (1) Any person competent to bring an action under rule 2 of this Schedule may,  instead of 
bringing such action, apply to the carrier to make  payment of the amount which could have been  
recovered in any such action to the members of the passenger ’s family mentioned in the certificate 
granted under rule 6 to be divided between them in the proportions set out in the certificate 
(2) Where an application under sub -rule (1) is not accompanied  by a certificate under rule 6, the 
canier shall advise the applicant to obtain such certificate. 
 
1[6. (1) Any person competent to bring an action under rule 2 may apply for the succession 
certificate under the Succession Act, 1925 (XXXIX of 1925) following the death of the passenger for 
the grants of a certificate to the effect that only the persons named therein are the members of the 
passenger’s family for whose benefit the liability is enforceable under rule 1. 
 
 (2) A certificate under sub -rule (1) shall set out the proportion in which each member 
mentioned therein shall receive the amount recoverable; and the proportion shall be such as may be 
agreed upon amongst the members or, in the absence of such agreement, as may be determined in the 
certificate.] 
 
7. 1[*    * * * * * *] 
 
8. Payment made by the carrier in accordance with the certificate shall give him full and final 
discharge from his liability. 
 
________________ 
 
 
 
 
1Subs. and omitted by Act No. XL of 2026, s. 10. 
         RGN Dated: 07-07-2026