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  "title": "Carriage by Air Act, 2012",
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  "text": "Page 1 of 53 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE CARRIAGE BY AIR ACT, 2012 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Application of the Carriage by air conventions, as amended, to Pakistan \r\n4.  Provisions regarding suits against High contracting Party or Parties  or State Party or Partie s \r\nwho undertake carriage by air \r\n \r\n \r\n5.  Application of Act to carriage by air which is not international \r\n5A. Court proceedings \r\n5B.  Amendment of a Schedule  \r\n6.  Issuance of substitution of electronic means for delivering documents of carriage \r\n7.  Repeal \r\n8. Power to make rules \r\n \r\nTHE FIRST SCHEDULE \r\n \r\nTHE SECOND SCHEDULE \r\n \r\nTHE THIRD SCHEDULE \r\n \r\nTHE FOURTH SCHEDULE \r\n \r\nTHE FIFTH SCHEDULE \r\n \r\nTHE SIXTH SCHEDULE \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 53 \r\n \r\nTHE CARRIAGE BY AIR ACT, 2012 \r\nACT NO. IV OF 2012 \r\n[6th February, 2012] \r\nAn Act to give effect in Pakistan to the Conventions concerning international carriage by air known \r\nas the Montreal Convention for the Unification of Certain Rules for International Carriage by Air \r\n1999 and consolidate the law and applicable international conventions in relation to international \r\ncarriage by air \r\nWHEREAS, it is expedient to give effect in Pakistan to the Convention concerning \r\ninternational carriage by air known as the Montreal Convention for the Unification of Certain Rules \r\nfor International Carriage by Air, 1999, and to enable the rules contained in that Convention to be \r\napplied, subject to exceptions adaptations and modifications, to carriage by air in Pakistan which is \r\nnot international carriage within the meaning of the Convention, and to provide for matte rs \r\nconnected herewith or ancillary thereto; \r\nAND WHEREAS it is expedient to consolidate the existing law and applicable international \r\nconventions in relation to international carriage by air; \r\nIt is hereby enacted as follows:___ \r\n1. Short title, extent and co mmencement.___(1) This Act may be called the Carriage by Air \r\nAct, 2012. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n(4) The applicable provisions of the Carriage by Air Conventions shall have the force of law \r\nin Pakistan in relation to any carriage by air to which they apply, irrespective of the nationality of the \r\naircraft performing that carriage: \r\nProvided that the provisions of Carriage by Air Conventions shall not apply to international \r\ncarriage by air performed and ope rated directly by the Islamic Republic of Pakistan for non -\r\ncommercial purposes in respect of its functions and duties as a sovereign state and to the carriage of  \r\npersons, cargo and baggage to the military authorities on  aircraft registered in or leased by the \r\nIslamic Republic of Pakistan, the whole capacity of which has been reserved by or on behalf of such \r\nauthorities. \r\n(5) Sub-section (4) is subject to the other provisions of this Act. \r\n2. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context, ___ \r\n(a) “applicable provisions” means,— \r\n(i) the provisions of the Warsaw Convention,  1929, as set out in the First \r\nSchedule; \r\n \r\nPage 3 of 53 \r\n \r\n(ii)  the provisions of the Warsaw Convention as amended at The Hague, \r\n1955, as set out in the Second Schedule; \r\n(iii) the provisions of the Guadalajara Convention, 1961, as set out in the \r\nThird Schedule; and \r\n(iv) the provisions of the Montreal Convention, 1999, as set out in the \r\nFourth Schedule; \r\nso far as they relate to the rights and liabilities of carriers, c arriers’ servants and agents, passengers, \r\nconsignors, consignees and other persons; \r\n(b) “Carriage by Air Conventions” means,___ \r\n(i) the Convention known as the Warsaw Convention, 1929; \r\n(ii)  the Convention known as the Warsaw Convention as amended at The \r\nHague, 1955; \r\n(iii) the Convention supplementary to that Convention known as the \r\nGuadalajara Convention 1961; and \r\n(iv) the Convention known as the Montreal Convention 1999. \r\n  1[(c)  “Court” means the Consumer Cou rt established under any law or,  in the \r\nabsence of the Consumer Court, any other court of competent jurisdiction as \r\nnotified by the Federal Government; and]  \r\n             1[(d)]   “Schedule” means the Schedule to this Act. \r\n3. Application of the Carriage by air c onventions, as amended, to Pakistan. ___(1) The \r\nrules contained in the First Schedule, being the provisions of the Convention for the unification of \r\ncertain rules relating to international carriage by air relating to the rights and liabilities of carriers, \r\npassengers, consignors, consignees and o ther persons, known as the Warsaw Convention, 1929, \r\nshall, subject to the provisions of this Act, have the force of law in Pakistan in relation to any \r\ncarriage by air to which those rules apply, irrespective of the nationality of the aircraft performing \r\nthe carriage. \r\n(2) The rules contained in the Second Schedule, being the provisions of the Convention for \r\nthe unification of certain rules relating to international carriage by air known as the Warsaw \r\nConvention as amended at The Hague, 1955, shall, subject t o the provisions of this Act, have the \r\nforce of law in Pakistan in relation to any carriage by air to which those rules apply, irrespective of \r\nthe nationality of the aircraft performing the carriage. \r\n(3) The rules contained in the t hird Schedule, being the  provisions of the Convention \r\nsupplementary to the Warsaw Convention, 1929 for the unification of certain rules relating to \r\ninternational carriage by air performed by a person other than the contracting carrier, known as the \r\nGuadalajara Convention, 1961, shall, subject to the  provisions of  this  Act, have the force of law in  \r\n1Re-numbered and ins. by Act No. XL of 2026, s. 2. \r\n \r\nPage 4 of 53 \r\n \r\nPakistan in relation to any carriage  by air to which those rules apply, irrespective of the nationality \r\nof the aircraft performing the carriage and the rules contained in the Third Schedule shall be \r\nsupplementary to, and form part of, the rules contained in the First Schedule or, as the case may be, \r\nthe Second Schedule, and shall have effect accordingly. \r\n(4) The rules contained in the  Fourth Schedule, being the provisions of the Convention for \r\nthe unification of certain rules relating to international carriage by air known as the Montreal \r\nConvention for the Unification of Certain Rules for International Carriage by Air, 1999, shall, \r\nsubject to the provisions of this Act, have the force of law in Pakistan in relation to any carriage by \r\nair to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. \r\n(5) Notwithstanding anything contained in the Fat al Accidents Act 1855 (XIII of 1855), or \r\nany other law for the time being in force, the rules contained in the First, Second, Third or, as the \r\ncase may be, Fourth Schedule shall, in all cases to which those rules apply, determine the liability of \r\na carrier in respect of the death of a passenger, and the rules contained in the Sixth Schedule shall \r\ndetermine the persons by whom and for whose benefit and the manner in which such liability may be \r\nenforced. \r\n(6) Any sums mentioned in rules 21, 22, 23 or 24 of the  Fourth Schedule shall, for the \r\npurpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on \r\nthe date on which the amount of damages to be paid by the carrier is ascertained by the Court. \r\n(7) Any sum in francs mentioned in rule 22 of the First Schedule and as the case may be, rule \r\n22 of the Second Schedule, shall, for the purpose of any action against a carrier, be converted into \r\nrupees at the rate of exchange prevailing on the date on which the amount of damages t o be paid by \r\nthe carrier is ascertained by the Court. \r\n(8) Any reference in the first, Second, Third and Fourth Schedules,___ \r\n (a) to the territory of any High Contracting Party or Parties or State Party or \r\nParties to the Convention shall be construed as a reference to all the territories \r\nin respect of which he is a party; and \r\n (b) agents of the carrier shall be construed as including a reference to servants of \r\nthe carrier. \r\n(9) The applicability of the Carriage by Air Conventions to any international carriag e by air, \r\nas defined by the First, Second or, as the case may be, the Fourth Schedule, shall be dependent on \r\nthe High Contracting Party or Parties or State Party or Parties, as the case may be being a signatory \r\nor signatories to the same Carriage by Air Convention. \r\n(10) If more than one of the Carriage by Air Conventions apply to a carriage by air, the \r\napplicable provisions that shall have the force of law shall be those of whichever is the most recent \r\napplicable Carriage by Air Convention in force. \r\n1[(11) The Federal Government may, by notification in the official Gazette, amend the Fourth \r\nSchedule and revise the limit of liability for intern ational carriage by air  to give effect to \r\ninternational commitments.] \r\n1Ins. by Act No. XL of 2026, s. 3. \r\n \r\nPage 5 of 53 \r\n \r\n4. Provisions regarding suits against High contracting Party or Parties or State Party or \r\nParties who undertake carriage by air.  ___ (1) Every High Contracting Party or Parties or State \r\nParty or Parties to the Carriage by Air Conventions shall, for the purposes of any  suit brought in a \r\nCourt in Pakistan in accordance with,— \r\n(a)  provisions of rule 28 of the First Schedule where a High Contracting Party to \r\nthe Warsaw Convention, 1929, has not availed himself of the provisions of the \r\nAdditional Protocol thereto; or \r\n(b) the provisions of rule 28 of the Second Schedule where a High Contracting \r\nParty to the Warsaw Convention as amended at The Hague , 1955, has not \r\navailed himself of the provisions of the Additional Protocol thereto; or \r\n(c)  provisions of rule 33 of the Fourth Schedule,  \r\nto enforce a claim in respect of carriage undertaken by him, be deemed to have \r\nsubmitted to the jurisdiction of that Court and to be a person for the purposes of the \r\nCode of Civil Procedure, 1908 (Act V of 1908). \r\n1[* * * * * * *] \r\n(3) Nothing in this section shall authorize any Court to attach or sell any property of a High \r\nContracting Party or Parties or State Party or Parties to the Carriage by Air Conventions. \r\n5. Application of Act to carriage by air which is not international.  ___ (1) The rul es \r\ncontained in the fifth Schedule shall apply to all carriage by air, not being international carriage by \r\nair as defined in the First, Second, or as the case may be, Fourth Schedule. \r\n(2) Notwithstanding anything contained in the Fatal Accidents Act , 1855 (XIII of 1855), or \r\nany other law for the time being in force, the rules contained in the Fifth Schedule shall, in all cases \r\nto which those rules apply, determine the liability of a carrier in respect of the death of a passenger, \r\nand the rules contained in the Sixth Schedule shall determine the persons by whom and for whose \r\nbenefit and the manner in which such liability may be enforced. \r\n1[(3) The Federal Government may, once in every three years by notification in the official \r\nGazette, amend the Fifth Schedu le and enhance the limit of lia bility for carriage by air, not being  \r\ninternational carriage by air, based on average official inflation rate of the intervening period.] \r\n1[5A. Court proceedings.  ___ (l) No action against a carrier or carrier ’s servant or ag ent \r\nwhich arises out of damage to which any of the Carriage by A ir Conventions applies shall, if he was \r\nacting within the scope of his employment, be brought after more than two years, reckoned from the \r\ndate of arrival at the destination or from the date on which the aircraft ought to have arrived, or from \r\nthe date on which the carriage stopped. \r\n1Omitted, subs. and ins. by Act No. XL of 2026, ss. 4, 5 and 6. \r\n \r\n \r\nPage 6 of 53 \r\n \r\n(2) The Court before which any such action is brought under this Act may, at any stage of the \r\nproceedings, make any interim or final order as appears to the Court to be just and equitable in view \r\nof the provisions of a Schedule and keeping in view any other proceedings in or out of Pakistan. \r\n(3) The Court may rely on the documents produced by the partie s or, for re asons to be \r\nrecorded in writing, allow production of oral evidence by one or more parties to the proceedings. \r\n(4) The Court shall pass the final order or decree within six months from the date of \r\ninstitution of proceedings under this Act. \r\n(5) If the Court fails to decide the case within six months, it sha ll proceed with the case on \r\nday-to-day basis and report the reasons of delay to the High Co urt whose decision or such report  \r\nshall be final. \r\n5B. Amendment of a Schedule.  ___ (l) If, at any time, the Federal Government has agreed to \r\na revision of any Carriage by Air Conventions, the Federal Government may,  by notification in the \r\nofficial Gazette, make such a mendments in a Schedule as it may consider appro priate to give effect \r\nto the revision of the Convention. \r\n(2) In sub-section (1 ), “revision” means an omission from, addition to or alteration of the \r\nConvention and includes replacement of the Convention or part of it by another convention.] \r\n6. Issuance of substitution of electronic means for delive ring documents of carriage. ___ \r\n(1) Nothing contained in this Act shall prevent the issuance of an individual or collective document \r\nof carriage through electronic means which preserves the information required by the applicable \r\nprovisions contained, as the  case may be, in the First, Second, Fourth and Fifth Schedules as a \r\nsubstitute for the delivery of the document referred to in those applicable provisions and if any such \r\nother means is used, the carrier shall offer to deliver to the passenger a written st atement of the \r\ninformation so preserved: \r\nProvided that an electronic document of carriage shall be deemed to be a negotiable \r\ninstrument as defined in section 13 of the Negotiable Instruments Act, 1881 (XXVI of 1881), and \r\nmay be dealt with in any manner as a paper document of carriage and the Electronic Transactions \r\nOrdinance 2002(LI of 2002), shall apply to such electronic document of carriage notwithstanding the \r\nprovisions of clause (a) of section (1) of section 31 thereof. \r\n (2) Notwithstanding anything co ntained in section 31 of the Electronic Transactions \r\nOrdinance 2002 (LI of 2002), any document mentioned in this Act issued through electronic means \r\nshall be deemed to be a document for the purposes of the Electronic Transactions Ord nance, 2002 \r\n(LI of 2002), and all references to such document in this Act and the applicable provisions contained \r\nin the First, Second, Fourth and Fifth Schedules shall include their ‘electronic form ’ and all such \r\ndocuments shall attract all the protections and exemptions provid ed for in the Electronic Transaction \r\nOrdinance 2002 (LI of 2002). \r\n7. Repeal. ___The Carriage by Air Act, 1934 (XX of 1934), the Carriage by Air (International \r\nConvention) Act, 1966 (X of 1966), and the Carriage by Air (Supplementary Convention) Act, 1968 \r\n(V of 1968) are hereby repealed. \r\n \r\n \r\nPage 7 of 53 \r\n \r\n  1[8. Power to make rules. ___ (I) The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n  (2) The rules may contain provisions for swift disposal of dis putes and payment of liability \r\nby the carrier or any other person under this Act.] \r\n____________ \r\nTHE FIRST SCHEDULE \r\n[See section 3 (1)] \r\nTHE WARSAW CONVENTION, 1929  \r\nUNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE \r\nBY AIR RELATING TO THE RIGHTS AND LIABILITIES OF CARRIERS PASSENGERS, \r\nCONSIGNORS, CONSIGNEES AND OTHE RPERSONS. \r\nRULES \r\nCHAPTER _I \r\nSCOPE – DEFINITIONS \r\n1.  (1) These rules apply to all international carriage of persons, luggage or goods performed \r\nby aircraft for reward. They apply also to such carriage when performed gratuitously by an air \r\ntransport undertaking. \r\n(2) In these rules “High Contracting Party ” means a High Contracting Party to the \r\nConvention. \r\n(3) For the purposes of these rules the expression “international carriage” means any carriage \r\nin which, according to the contract made by the parties, the place of departure and the place of \r\ndestination, whether or not there be a break in the carriage or a transshipment, are situated either \r\nwithin the territories of two High Contracting Parties, or within the territory of a single High \r\nContracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, \r\nsuzerainty, mandate or authority of another Power, even though that Power is not a party to the \r\nConvention. A carriage without such an agreed stopping place between territories subject to the \r\nsovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be \r\ninternational for purposes of these rules. \r\n(4) A carriage to be pe rformed by several successive air carriers is deemed, for the purposes \r\nof these rules, to be one undivided carriage, if it has been regarded by the parties as a single \r\noperation, whether it has been agreed upon under the form of a single contract or of a s eries of \r\ncontracts, and it does not lose its international character merely because one contract or a series of \r\ncontracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate \r\nof authority of the same High Contracting Party. \r\n \r\n1Ins. by Act No. XL of 2026, s. 7. \r\n \r\nPage 8 of 53 \r\n \r\n 2. (1) These rules apply to carriage performed by the State or by legally constituted public \r\nbodies provided it falls within the conditions laid down in rule 1. \r\n(2) These rules do not apply to carriage performed under the terms of any international postal \r\nConvention. \r\nCHAPTER II \r\nDOCUMENTS OF CARRIAGE \r\nPART 1. ___Passenger ticket \r\n 3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall \r\ncontain the following particulars: ___ \r\n(a) the place and date of issue ; \r\n(b) the place of departure, and of destination ; \r\n(c) the agreed stopping places, provided that the carrier may reserve the right to \r\nalter the stopping places in case of necessity, and that if he exercises that right, \r\nthe alt eration shall not have the effect of depriving the carriage of its \r\ninternational character; \r\n(d) the name and address of carrier or carriers ; \r\n(e) a statement that the carriage is subject to the rules relating to liability \r\ncontained in this Schedule. \r\n(2) The absence, irregularity or loss of the passenger ticket does not affect the existence or \r\nthe validity of the contract of carriage, which shall none the less be subject to these rules. \r\nNevertheless, if the carrier accepts a passenger without a passenger tic ket having been delivered he \r\nshall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his \r\nliability. \r\nPART II. ___Luggage ticket \r\n4. (1) For the carriage of luggage, other than small personal objects of which the pas senger \r\ntakes charge himself, the carrier must deliver a luggage ticket. \r\n(2) The luggage ticket shall be made out in duplicate, one part for the passenger and the other \r\npart for the carrier. \r\n(3) The luggage ticket shall contain the following particulars:___ \r\n(a) the place and date of issue; \r\n(b) the place of departure and of destination; \r\n(c) the name and address of the carrier or carriers; \r\n \r\nPage 9 of 53 \r\n \r\n(d) the number of the passenger ticket; \r\n(e) a statement that delivery of the luggage will be made to the bearer of the \r\nluggage ticket; \r\n(f)  the number and weight of the packages; \r\n(g) the amount of the value declared in accordance with rule 22 (2); \r\n(h) a statement that the carriage is subject to the rules relating to liability \r\ncontained in this Schedule. \r\n(4) The absence, irregularity or loss of the luggage ticket does not affect the existence or the \r\nvalidity of the contract of carriage, which shall none the less be subject to these rules. Nevertheless, \r\nif the carrier accepts luggage without a luggage ticket having been delivere d, or if the luggage ticket \r\ndoes not contain the particulars set out at (d), (f) and (h) of sub -rule (3), the carrier shall not be \r\nentitled to avail himself of those provisions of this Schedule which exclude or limit his liability. \r\nPART III. ___Air consignment note \r\n5. (1) Every carrier of goods has the right to require the consignor to make out and hand over \r\nto him a document called an “air consignment note ”; every consignor has the right to require the \r\ncarrier to accept this document. \r\n(2) The absence, irre gularity or loss of this document does not affect the existence or the \r\nvalidity of the contract of carriage which shall, subject to the provisions of rule 9, be none the less \r\ngoverned by these rules. \r\n6. (1) The air consignment note shall be made out by the  consignor in three original parts and \r\nbe handed over with the goods. \r\n(2) The first part shall be marked “for the carrier”, and shall be signed by the consignor. The \r\nsecond part shall be marked “for the consignee ”; it shall be signed by the consignor and b y the \r\ncarrier and shall accompany the goods. The third part shall be signed by the carrier and handed by \r\nhim to the consignor after the goods have been accepted. \r\n(3) The carrier shall sign an acceptance of the goods. \r\n(4) The signature of the carrier may be  stamped; that of the consignor may be printed or \r\nstamped. \r\n(5) If, at the request of the consignor, the carrier makes out the air consignment note, he shall \r\nbe deemed, subject to proof to the contrary to have done so on behalf of the consignor. \r\n7. The carr ier of goods has the right to require the consignor to make out separate \r\nconsignment notes when there is more than one package. \r\n8. The air consignment note shall contain the following particulars:⸻ \r\n(a)  the place and date of its execution; \r\n \r\nPage 10 of 53 \r\n \r\n(b)  the place of departure and of destination; \r\n(c)  the agreed stopping places, provided that the carrier may reserve the right to \r\nalter the stopping places in case of necessity, and that if he exercises that right \r\nthe alteration shall not have the effect of depriving th e carriage of its \r\ninternational character; \r\n(d) the name and address of the consignor; \r\n(e) the name and address of the first carrier; \r\n(f)  the name and address of the consignee, if the case so requires; \r\n(g) the nature of the goods; \r\n(h) the number of the packages, the method of packing and the particular marks or \r\nnumbers upon them; \r\n(i)  the weight, the quantity and the volume or dimensions of the goods; \r\n(j)  the apparent condition of the goods and of the packing; \r\n(k)  the freight, if it has been agreed upon, the date and place of payment and the \r\nperson who is to pay it; \r\n(l)  if the goods are sent for payment on delivery, the price of the goods and, if \r\nthe case so requires, the amount of the expenses incurred; \r\n(m)  the amount of the value declared in accordance with rule 22(2); \r\n(n) the number of parts of the air consignment note; \r\n(o) the documents handed, to the carrier to accompany the air consignment note; \r\n(p) the time fixed for the completion of the carriage and a brief note of the route \r\nto be followed, if these matters have been agreed upon; \r\n(q) a statement that the carriage is subject to the rules relating to liability \r\ncontained in this Schedule. \r\n9. If the carrier accepts goods without an air consignment note having been made out, or if \r\nthe air consignment n ote does not contain all the particulars set out in rule 8(a) to (i) inclusive and \r\n(q), the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude \r\nor limit his liability. \r\n10. (1) The consignor is responsible for the  correctness of the particulars and statements \r\nrelating to the goods which he inserts in the air consignment note. \r\n(2) The consignor will be liable for all damage suffered by the carrier or any other person by \r\nreason of the irregularity, incorrectness or incompleteness of the said particulars and statements. \r\n \r\nPage 11 of 53 \r\n \r\n11. (1) The air consignment note is prima facie evidence of the conclusion of the contract, of \r\nthe receipt of the goods and of the conditions of carriage. \r\n(2) The statements in the air consignment note relating to the weight, dimensions and \r\npacking of the goods, as well as those relating to the number of packages, are prima facie  evidence \r\nof the facts stated; those relating to the quantity, volume and condition of the goods do not constitute \r\nevidence ag ainst the carrier  except so far as they both have been, and are stated in the air \r\nconsignment note to have been, checked by him in the presence of the consignor, or relate to the \r\napparent condition of the goods. \r\n12. (1) Subject to his liability to carry ou t all his obligations under the contract of carriage, \r\nthe consignor has the right to dispose of the goods by withdrawing them at the aerodrome of \r\ndeparture or destination, or by stopping them in the course of the journey on any landing, or, by \r\ncalling for them to be delivered at the place of destination or in the course of the journey to a person \r\nother than the consignee named in the air consignment note, or by requiring them to be returned to \r\nthe aerodrome of departure. He must not exercise this right of d isposition in such a way as to \r\nprejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise \r\nof this right. \r\n(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him \r\nforthwith. \r\n(3) If the carrier obeys the orders of the consignor for the disposition of the goods without \r\nrequiring the production of the part of the air consignment note delivered to the latter, he will be \r\nliable, without prejudice to his right of recovery from the cons ignor, for any damage which may be \r\ncaused thereby to any person who is lawfully in possession of that part of the air consignment note. \r\n(4) The right conferred on the consignor ceases at the moment when that of the consignee \r\nbegins in accordance with rule 13. Nevertheless, if the consignee declines to accept the consignment \r\nnote or the goods, or if he cannot be communicated with, the consignor resumes his right of \r\ndisposition. \r\n13. (1) Except in the circumstances set out in rule 12, the consignee is entitled , on arrival of \r\nthe goods at the place of destination, to require the carrier to hand over to him the air consignment \r\nnote and to deliver the goods to him, on payment of the charges due and on complying with the \r\nconditions of carriage set out in the air consignment note. \r\n(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as \r\nsoon as the goods arrive. \r\n (3) if the carrier admits the loss of the goods, or if the goods have not arrived at the \r\nexpiration of seven days after the date on which they ought to have arrived, the consignee is entitled \r\nto put into force against the carrier the rights which flow from the contract of carriage. \r\n14. The consignor and the consignee can respectively enforce all the rights given them  by \r\nrules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of \r\nanother, provided that he carries out the obligations imposed by the contract. \r\n \r\nPage 12 of 53 \r\n \r\n15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee \r\nwith each other or the mutual relations of third parties whose rights are derived either from the \r\nconsignor or from the consignee. \r\n(2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the air \r\nconsignment note: \r\nProvided that an electronic document of carriage shall be deemed to be a negotiable \r\ninstrument as defined in section 13 of the Negotiable Instruments Act, 1881 (XXVI of 1881) and \r\nmay be dealt with in any manner as a paper document of carriage a nd the Electronic Transactions \r\nOrdinance 2002 shall apply to such electronic document of carriage notwithstanding section 31(1)(a) \r\nof the Electronic Transactions Ordinance 2002. \r\n16. (1) The consignor must furnish such information and attach to the air cons ignment note \r\nsuch documents as are necessary to meet the formalities of customs, octroi or police before the \r\ngoods can be delivered to the consignee. The consignor is liable to the carrier for any damage \r\noccasioned by the absence, insufficiency or irregula rity of any such information or documents, \r\nunless the damage is due to the fault of the carrier or his agents. \r\n(2) The carrier is under no obligation to enquire into t he correctness or sufficiency or  such \r\ninformation or documents. \r\nCHAPTER III \r\nLIABILITY OF THE CARRIER \r\n17. The carrier is liable for damage sustained in the event of the death or wounding of a \r\npassenger or any other bodily injury suffered by a passenger, if the accident which caused the \r\ndamage so sustained took place on board the aircraft or in the course of any of the operations of \r\nembarking or disembarking. \r\n18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or \r\nof damage to, any registered luggage or any goods, if the occurrence which caused the damage  so \r\nsustained took place during the carriage by air. \r\n(2) The carriage by air within the meaning of the preceding paragraph comprises the period \r\nduring which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board \r\nan aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. \r\n(3) The period of the carriage by air does not extend to any carriage by land, by sea or by \r\nriver performed outside an aerodrome. If, however, such a carriage takes place in the p erformance of \r\na contract for carriage by air, for the purpose of loading, delivery or trans -shipment, any damage is \r\npresumed, subject to proof to the contrary, to have been the result of an event which took place \r\nduring the carriage by air. \r\n19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, \r\nluggage or goods. \r\n20. (1) The carrier is not liable if he proves that he and his agents have taken all necessary \r\nmeasures to avoid the damage or that it was impossible for him or them to take such measures. \r\n \r\nPage 13 of 53 \r\n \r\n(2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage \r\nwas occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation \r\nand that, in all other respec ts, he and his agents have taken all necessary measures to avoid the \r\ndamage. \r\n21. If the carrier proves that the damage was caused by or contributed to by the negligence of \r\nthe injured person the Court may exonerate the carrier wholly or partly from his liability. \r\n22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to \r\nthe sum of 125,000 francs. Where damages may be awarded in the form of periodical payments, the \r\nequivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by \r\nspecial contract the carrier and the passenger may agree to a higher limit of liability. \r\n(2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to \r\na sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was \r\nhanded over to the carrier, a special declaration of the value at delivery and has paid a supplementary \r\nsum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the \r\ndeclared sum, unless he proves that that sum is greater than the actual value to the consignor at \r\ndelivery. \r\n(3) As regards objects of which the passenger takes charge himself the liability of the carrier \r\nis limited to 5,000 francs per passenger. \r\n(4) The sums mentioned in this rule shall be deemed to refer to the French franc consisting of \r\n65-1/2 milligrams gold of milesimal fineness 900. \r\n23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that \r\nwhich is laid down in these rules shall be null and void, but the nullity of any such provision does \r\nnot involve the nullity of the whole contract, which shall remain subject to the provisions of this \r\nSchedule. \r\n24. (1) In the cases covered by rules 18 and 19 any action for damages, however founded, can \r\nonly be brought subject to the conditions and limits set out in this Schedule. \r\n(2) In the cases covered by rule 17 the provisions of sub -rule (1) also apply, without \r\nprejudice to the questions as to who are the persons who have the right to bring suit and what are \r\ntheir respective rights. \r\n25. (1) The carrier shall not be entitled to avail himself of the provisions of this Schedule \r\nwhich exclude or limit his liability, if the damage is caused by his willful miscon duct or by such \r\ndefault on his part as is in the opinion of the Court equivalent to willful misconduct. \r\n(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the \r\ndamage is caused as aforesaid by any agent of the carrier acting within the scope of his employment. \r\n26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is \r\nprima facie  evidence that the same have been delivered in good condition and in accordance with \r\nthe document of carriage. \r\n \r\nPage 14 of 53 \r\n \r\n(2) In the case of damage, the person entitled to delivery must complain to the carrier \r\nforthwith after the discovery of the damage, and, at the latest, within three days from the date of \r\nreceipt in the case of luggage and seven days from the date of r eceipt in the case of goods. In the \r\ncase of delay the complaint must be made at the latest within fourteen days from the date on which \r\nthe luggage or goods have been placed at his disposal. \r\n(3) Every complaint must be made in writing upon the document of c arriage or by separate \r\nnotice in writing dispatched within the times aforesaid. \r\n(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in \r\nthe case of fraud on his part. \r\n27. In the case of the death of the person liable, an action for damages lies in accordance with \r\nthese rules against those legally representing his estate. \r\n28. An action for damages must be brought at the option of the plaintiff, either before the \r\nCourt having jurisdiction where the carrier is ordinar ily resident, or has his principal place of \r\nbusiness, or has an establishment by which the contract has been made or before the Court having \r\njurisdiction at the place of destination. \r\n29. The right of damages shall be extinguished if an action is not brough t within two years, \r\nreckoned from the date of arrival at the destination, or from the date on which the aircraft ought to \r\nhave arrived, or from the date on which the carriage stopped. \r\n30. (1) In the case of carriage to be performed by various successive ca rriers and falling \r\nwithin the definition set out in sub-rule (4) of rule 1, each carrier who accepts passengers, luggage or \r\ngoods is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting \r\nparties to the contract of carriage in so far as the contract deals with that part of the carriage which is \r\nperformed under his supervision. \r\n(2) In the case of carriage of this nature, the passenger or his representative can take action \r\nonly against the carrier who performed the carriag e during which the accident or the delay occurred, \r\nsave in the case where, by express agreement, the first carrier has assumed liability for the whole \r\njourney. \r\n(3) As regards luggage or goods, the passenger or consignor will have a right of action \r\nagainst the first carrier, and the passenger or consignee who is entitled to delivery will have a right \r\nof action against the last carrier, and further, each may take action against the carrier who performed \r\nthe carriage during which the destruction, loss, damage or delay took place. These carriers will be \r\njointly and severally liable to the passenger or to the consignor or consignee. \r\nCHAPTER IV \r\nPROVISIONS RELATING TO COMBINED CARRIAGE \r\n 31. (1) In the case of combined carriage performed partly by air and partly by any other \r\nmode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the \r\ncarriage by air falls within the terms of rule 1. \r\n \r\nPage 15 of 53 \r\n \r\n (2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from  \r\ninserting in the document of air carriage conditions relating to other modes of carriage, provided that \r\nthe provisions of this Schedule are observed as regards the carriage by air. \r\nCHAPTER V \r\nGENERAL AND FINAL PROVISIONS \r\n32. Any clause contained in the con tract and all special agreements entered into before the \r\ndamage occurred by which the parties purport to infringe the rules laid down by this Schedule, \r\nwhether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null an d \r\nvoid. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to these rules, if \r\nthe arbitration is to take place in the territory of one of the H igh Contracting Parties within O ne of \r\nthe jurisdictions referred to in rule 28. \r\n33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter \r\ninto any contract of carriage, or from making regulations which do not conflict with the provisions \r\nof this Schedule. \r\n34. This Schedule does not apply to internation al carriage by air performed by way of \r\nexperimental trial by air navigation undertakings with the view to the establishment of a regular line \r\nof air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the \r\nnormal scope of an air carrier’s business. \r\n35. The expression “days” when used in these rules means current days, not working days. \r\n36. When a High Contracting Party has declared at the time of ratification of or of accession \r\nto the Convention that the first paragraph  of Article 2 of the Convention shall not apply to \r\ninternational carriage by air performed directly by the State, its colonies, protectorates or mandated \r\nterritories or by any other territory under its sovereignty, suzerainty or authority, these rules shal l not \r\napply to international carriage by air so performed. \r\nTHE SECOND SCHEDULE \r\n[See section 3(2)] \r\nTHE WARSAW CONVENTION AS AMENDED AT THE HAGUE, 1955 \r\nUNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE \r\nBY AIR. \r\nRULES \r\nCHAPTER I \r\nSCOPE - DEFINITIONS  \r\n1. (1) These rules apply to all international carriage of persons, baggage or goods performed \r\nby aircraft for reward. They apply also to such carriage when performed gratuitously by an air \r\ntransport undertaking. \r\n \r\nPage 16 of 53 \r\n \r\n(2) In these rules “High Contracting Part y” means a  High Contracting Party to the \r\nconvention. \r\n(3) For the purposes of these rules the expression “international carriage ” means any \r\ncarriage in which, according to the agreement between the parties, the place of departure and the \r\nplace of destination, whether or not there be a break in the carriage or a trans -shipment, are situated \r\neither within the territories of two High Contracting Parties or within the territory of a single High \r\nContracting Party if there is an agreed stopping place within the te rritory of another State, even if \r\nthat State is not a High Contracting Party. Carriage between two points within the territory of a \r\nsingle High Contracting Party without an agreed stopping place within the territory of another State \r\nis not international carriage for the purposes of these rules. \r\n(4) Carriage to be performed by several successive air carriers is deemed, for the purposes of \r\nthese rules, to be one undivided carriage if it has been regarded by the parties as a single operation, \r\nwhether it had been agreed upon under the form of a single contract or of a series of contracts, and it \r\ndoes not lose its international character merely because one contract or a series of contracts is to be \r\nperformed entirely within the territory of the same State. \r\n2. (1) These rules apply to carriage performed by the State or by , legally constituted public \r\nbodies provided it falls within the conditions laid down in rule 1. \r\n(2) These rules shall not apply to carriage of mail and postal packages. \r\nCHAPTER II \r\nDOCUMENTS OF CARRIAGE \r\nPART I. ___ Passenger ticket \r\n3.(1) In respect of the carriage of passengers a ticket shall be delivered containing:  \r\n(a)  an indication of the places of departure and destination; \r\n(b) if the places of departure and destination are within the territor y of a single \r\nHigh Contracting Party, one or more agreed stopping places being within the \r\nterritory of another State, and indication of at least one such stopping place; \r\n(c) a notice to the effect that, if the passenger ’s journey involves an ultimate \r\ndestination or stop in a country other than the country of departure, the \r\nWarsaw Convention may be applicable and that the Convention governs and \r\nin most cases limits the liability of carriers for death or personal injury and in \r\nrespect of loss of or damage to baggage. \r\n(2) The passenger ticket shall constitute prima facie evidence of the conclusion and \r\nconditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does \r\nnot affect the existence or the validity of the contract of  carriage which shall, none the less, be \r\nsubject to these rules. Nevertheless, if, with the consent of the carrier, the passenger embarks without \r\na passenger ticket having been delivered, or if the ticket does not include the notice required by sub -\r\nrule 1(c) of this rule, the carrier shall not be entitled to avail himself of the provisions of rule 22. \r\n \r\nPage 17 of 53 \r\n \r\nPART II. ___ Baggage check \r\n4. (1) In respect of the carriage of registered baggage, a baggage check shall be delivered, \r\nwhich, unless combined with or incorpo rated in a passenger ticket which complies with the \r\nprovisions of rule 3, sub-rule (1), shall contain: \r\n(a)  an indication of the places of departure and destination; \r\n(b)  if the places of departure and destination are within the territory of a single \r\nHigh Contracting Party, one or more agreed stopping places being within the \r\nterritory of another State, an indication of at least one such stopping place; \r\n(c)  a notice to the effect that, if the carriage involves an ultimate destination or \r\nstop in a country ot her than the country of departure, the Warsaw Convention \r\nmay be applicable and that the Convention governs and in most cases limits \r\nthe liability of carriers in respect of loss of or damage to baggage. \r\n(2) The baggage check shall constitute prima facie  evidence of the registration of the \r\nbaggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the \r\nbaggage check does not affect the existence or the validity of the contract of carriage which shall, \r\nnone the less, be sub ject to these rules. Nevertheless, if the carrier takes charge of the baggage \r\nwithout a baggage check having been delivered or if the baggage check, unless combined with or \r\nincorporated in the passenger ticket which complies with the provisions of rule 3, sub-rule 1 (c), \r\ndoes not include the notice required by sub -rule 1 (c) of this rule, he shall not be entitled to avail \r\nhimself of the provisions of rule 22, sub-rule (2). \r\nPART III. ___ Air Waybill \r\n5. (1) Every carrier of goods has the right to require the consignor to make out and hand over \r\nto him a document called an “air waybill ”; every consignor has the right to require the carrier to \r\naccept this document. \r\n(2) The absence, irregularity or loss of this document does not affect the existence or the \r\nvalidity of the contract of carriage which shall, subject to the provisions of rule 9, be none the less, \r\ngoverned by these rules. \r\n6. (1) The air waybill shall be made out by the consignor in three original parts and be handed \r\nover with the goods. \r\n(2) The first part shall be marked “for the carrier,” and shall be signed by the consignor. The \r\nsecond part shall be marked “for the consignee ”; it shall be signed by the consignor and by the \r\ncarrier and shall accompany the goods. The third part shall be signed by the car rier and handed by \r\nhim to the consignor after the goods have been accepted. \r\n(3) The carrier shall sign prior to the loading of the goods on board the aircraft. \r\n(4) The signature of the carrier may be stamped; that of the consignor may be printed or \r\nstamped. \r\n \r\nPage 18 of 53 \r\n \r\n(5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be \r\ndeemed, subject to proof to the contrary, to have done so on behalf of the consignor. \r\n7. The carrier of goods has the right to require the consignor to make out s eparate waybills \r\nwhen there is more than one package. \r\n8. The air waybill shall contain: \r\n(a) an indication of the places of departure and destination; \r\n(b) if the places of departure and destination are within the territory of a single \r\nHigh Contracting Party , one or more agreed stopping places being within the \r\nterritory of another State, an indication of at least one such stopping place; \r\n(c) a notice to the consignor to the effect that, if the carriage involves an ultimate \r\ndestination or stop in a country oth er than the country of departure, the \r\nWarsaw Convention may be applicable and that the Convention governs and \r\nin most cases limits the liability of carriers in respect of loss of or damage to \r\ngoods. \r\n9. If, with the consent of the carrier, goods are loaded on board the aircraft without an air \r\nwaybill having been made out, or if the air waybill does not include the notice required by rule 8, \r\nparagraph (c), the carrier shall not be entitled to avail himself of the provisions of rule 22, sub -rule \r\n(2). \r\n10. (1) T he consignor is responsible for the correctness of the particulars and statement \r\nrelating to the goods which he inserts in the airway bill. \r\n(2) The consignor shall indemnify the carrier against all damage suffered by him, or by any \r\nother person to whom the  carrier is liable, by reason of the irregularity, incorrectness or \r\nincompleteness of the particulars and statements furnished by the consignor. \r\n11. (1) The air way bill is prima facie  evidence of the conclusion of the contract, of the \r\nreceipt of the goods and of the conditions of carriage. \r\n(2) The statement in the air way bill relating to the weight, dimensions and packing of the \r\ngoods, as well as those relating to the number of packages, are prima facie  evidence of the facts \r\nstated; those relating to the quantity, volume and condition of the goods do not constitute evidence \r\nagainst the carrier except so far as they both have been, and are stated in the airway bill to have been, \r\nchecked by him in the presence of the consignor, or relate to the apparent condition of the goods. \r\n12. (1) Subject to his liability to carry out all his obligations under the contract of carriage, \r\nthe consignor has the right to dispose of the goods by withdrawing them at the aerodrome of \r\ndeparture or destination, or by stopping them in the course of the journey on any landing, or by \r\ncalling for them to be delivered at the place of destination or in the course of the journey to a person \r\nother than  the consignee named in the air way bill, or by requiring them to be returned to the \r\naerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice \r\nthe carrier or other consignor and he must repay any expenses occasioned by the exercise of this \r\nright. \r\n \r\nPage 19 of 53 \r\n \r\n(2) If it is impossible to carry out the orders of the co nsignor the carrier must so inform him \r\nforthwith. \r\n(3) If the carrier obeys the orders of the consignor for the disposition of the goods without \r\nrequiring the production of the part of the airway bill delivered to the latter, he will be liable, without \r\nprejudice to his right of recovery from the consignor, for any damage which may be caused thereby \r\nto any person who is lawfully in possession of that part of the airway bill. \r\n(4) The right conferred on the consignor ceases at the moment when that of the consig nee \r\nbegins in accordance with rule 13. Nevertheless, if the consignee declines to accept the airway bill or \r\nthe goods, or if he cannot be communicated with, the consignor resumes his right of disposition. \r\n13. (1) Except in the circumstances set out in rule  12, the consignee is entitled, on arrival of  \r\nthe goods at the place of destination, to require the carr ier to hand over to him the air way bill and to \r\ndeliver the goods to him, on payment of the charges due and on complying with the conditions o f \r\ncarriage set out in the airway bill. \r\n(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as \r\nsoon as the goods arrive. \r\n(3) If the carrier admits the loss of the goods, or if the goods have not arrived at the \r\nexpiration of seven days after the date on which they ought to have arrived, the consignee is entitled \r\nto put into force against the carrier the rights which flow from the contract of carriage. \r\n14. The consignor and the consignee can respectively enforce all the rights  given them by \r\nrules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of \r\nanother, provided that he carries out the obligations imposed by the contract. \r\n15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee \r\nwith each other or the mutual relations of third parties whose rights are derived either from the \r\nconsignor or from the consignee. \r\n(2) The provisions of rule 12, 13 and 14 can only be varied by express provis ion in the \r\nairway bill. \r\n(3) Nothing in these rules prevents the issue of a negotiable airway bill: \r\nProvided that an electronic document of carriage shall be deemed to be a negotiable \r\ninstrument as defined in section 13 of the Negotiable Instruments Act, 1881 (XXVI of  1881) and \r\nmay be dealt with in any manner as a paper document of carriage and the Electronic Transactions \r\nOrdinance 2002 shall apply to such electronic document of carriage notwithstanding section 31(1)(a) \r\nof the Electronic Transactions Ordinance 2002. \r\n16. (1) The consignor must furnish such in formation and attach to the air way bill such \r\ndocuments as are necessary to meet the formalities of customs, octroi or police before the goods can \r\nbe delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by \r\nthe absence, insufficiency or irregularity of any such information or documents, unless the damage is \r\ndue to the fault of the carrier or his agents. \r\n \r\nPage 20 of 53 \r\n \r\n(2) The carrier is under no obligation to enquire into the correctness or suff iciency of such \r\ninformation or documents. \r\nCHAPTER III \r\nLIABILITY OF THE CARRIER \r\n17. The carrier is liable for damage sustained in the event of the death or wounding of a \r\npassenger or any other bodily injury suffered by a passenger, if the accident which cau sed the \r\ndamage so sustained took place on board the aircraft or in the course of any of the operations of \r\nembarking or disembarking. \r\n18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or \r\nof damage to, any registe red luggage or any goods, if the occurrence which caused the damage so \r\nsustained took place during the carriage by air. \r\n(2) The carriage by air within the meaning of the preceding sub -rule comprises the period \r\nduring which the luggage or goods are in charg e of the carrier, whether in an aerodrome or on board \r\nan aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. \r\n(3) The period of the carriage by air does not extend to any carriage by land, by sea or by \r\nriver performed outside an aerodrome. If, however, such a carriage takes place in the performance of \r\na contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is \r\npresumed, subject to proof to the contrary, to have been the result of an e vent which took place \r\nduring the carriage by air. \r\n19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, \r\nluggage or goods. \r\n20. The carrier is not liable if he proves that he and his servants or agents have taken all \r\nnecessary measures to avoid the damage or that it was impossible for him or them to take such \r\nmeasures. \r\n21. If the carrier proves that the damage was caused by or contributed to by the negligence of \r\nthe injured person the Court may exonerate the carrier wholly or partly from his liability. \r\n22. (1) In the carriage of persons the liability of the carrier for each passenger is limited to the \r\nsum of two hundred and fifty thousand francs. Where, in accordance with the law of the Court seized \r\nof the case, damages may be said payments shall not exceed two hundred and fifty thousand francs. \r\nNevertheless, by special contract, the carrier and the passenger may agree to a higher limit of \r\nliability. \r\n  (2) (a) In the carriage of registered baggage and of goods, the liability of the carrier is limited \r\nto a sum of two hundred and fifty francs per kilogram me, unless the passenger or consignor has \r\nmade, at the time when the package was handed over to the carrier, a special declaration of interest \r\nin delivery at destination an d has paid a supplementary sum if the case as  requires. In that case the \r\ncarrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is \r\ngreater than the passenger’s or consignor’s actual interest in delivery at destination. \r\n \r\nPage 21 of 53 \r\n \r\n  (b) In the case of loss, damage or delay of part of registered baggage or goods, or of any \r\nobject contained therein, the weight to be taken into consideration in determining the amount to \r\nwhich the carrier ’s liability is limited shall be only the total weight of the package or packages \r\nconcerned. Nevertheless, when the loss, damage or delay of part of the registered baggage or goods, \r\nor of an object contained therein, affects the value of other packages covered by the sam e baggage \r\ncheck or the same  airway bill, the total weight of such package or packages shall also be taken into \r\nconsideration in determining the limit of liability. \r\n(3) As regards objects of whi ch the passenger takes-charge himself the liability of the carrier \r\nis limited to five thousand francs per passenger. \r\n(4) The limits prescribed in this rule shall not prevent the Court from awarding, in \r\naccordance with its own law, in addition, the whole or part of the Court costs and of the other \r\nexpenses of the litigation incurred by the plain tiff. The foregoing provision shall not apply if the \r\namount of the damages awarded, excluding Court costs and other expenses of the litigation, does not \r\nexceed the sum which the carrier has offered in writing to the plaintiff within a period of six months \r\nfrom the date of the occurrence causing the damage, or before the commencement of the action, if \r\nthat is later. \r\n(5) The sums mentioned in francs in this rule shall be deemed to refer to a currency unit \r\nconsisting of sixty-five and a half milligrammes of go ld of millesimal fineness nine hundred. These \r\nsums may be converted into national currencies in round figures. Conversion of the sums into \r\nnational currencies other than gold shall, in case of judicial proceedings, be made according to the \r\ngold value of such currencies at the date of the judgment. \r\n23. (1) Any provision tending to relieve the carrier of liability or to fix a lower limit than that \r\nwhich is laid down in these rules shall be null and void, but the nullity of any such provision does \r\nnot involve the nullity of the whole contract, which shall remain subject to the provisions of this \r\nSchedule. \r\n(2) Sub-rule (l) of this rule shall not apply to provisions governing loss or damage resulting \r\nfrom the inherent defect, quality or vice of the goods carried. \r\n24. (1) In the cases covered by rules 18 and l9 any action for damages, however founded, can \r\nonly be brought subject to the conditions and limits set out in this Schedule. \r\n(2) In the cases covered by rule 17 the provisions of sub -rule (1) also apply, with out \r\nprejudice to the questions as to p who are the persons who have the right to bring suit and what are \r\ntheir respective rights. \r\n25. The limits of liability specified in rule 22 shall not apply if it is proved that the damage \r\nresulted from an act or omissi on of the carrier, his servants or agents, done with intent to cause \r\ndamage or recklessly and with knowledge that damage would probably result: \r\nProvided that, in the case of such act or omission of a servant or agent it is also proved that \r\nhe was acting within the scope of his employment. \r\n25A. (1) If an action is brought against a servant or agent of the carrier arising out of damage \r\nto which these rules relate, such servant or agent, if he proves that he acted within the scope of his \r\n \r\nPage 22 of 53 \r\n \r\nemployment, shall be e ntitled to avail himself of the limits of liability which that carrier himself is \r\nentitled to invoke under rule 22. \r\n(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that \r\ncase, shall not exceed the said limits. \r\n(3) The provisions of sub -rules (1) and (2) of this rule shall not apply if it is proved that the \r\ndamage resulted from an act or omission of the servant or agent done with intent to cause damage or \r\nrecklessly and with knowledge that damage would probably result. \r\n26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is \r\nprima facie  evidence that the same have been delivered in good condition and in accordance with \r\nthe document of carriage. \r\n(2) In the case of damage, the person entitled to delivery must complain to the carrier \r\nforthwith after the discovery of the damage, and, at the latest, within seven days from the date of \r\nreceipt in the case of baggage and fourteen days from the date of receipt in the case of goods. In the \r\ncase of delay the complaint must be made at the latest within twenty -one days from the date on \r\nwhich the baggage or goods have been placed at his disposal. \r\n(3) Every complaint must be made in writing upon the document of carriage or by separate \r\nnotice in writing dispatched within the times aforesaid. \r\n(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in \r\nthe case of fraud on his part. \r\n27. In the case of the death of the person liable, an action for damages lies in accordance with \r\nthese rules against those legally representing his estate. \r\n28. An action for damages must be brought at the option of the plaintiff, either before the \r\nCourt having jurisdiction where the carrier is ordinarily resident, or has his principal pl ace of \r\nbusiness, or has an establishment by which the contract has been made or before the Court having \r\njurisdiction at the place of destination. \r\n29. The right of damages shall be extinguished if an action is not brought within two years, \r\nreckoned from the  date of arrival at the destination or from the date on which the aircraft ought to \r\nhave arrived, or from the date on which the carriage stopped. \r\n30. (1) In the case of carriage to be performed by various successive carriers and falling \r\nwithin the definiti on set out in sub -rule (4) of rule 1, each carrier who accepts passengers, baggage \r\nor goods is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting \r\nparties to the contract of carriage in so far as the contract deals w ith that part of the carriage which is \r\nperformed under his supervision. \r\n(2) In the case of carriage of this nature, the passenger or his representative can take action \r\nonly against the carrier who performed the carriage during which the accident or the del ay occurred, \r\nsave in the case where, by express agreement, the first carrier has assumed liability for the whole \r\njourney. \r\n \r\nPage 23 of 53 \r\n \r\n(3) As regards baggage or goods, the passenger or consignor will have a right of action \r\nagainst the first carrier, and the passenger o r consignee who is entitled to delivery will have a right \r\nof action against the last carrier, and further, each may take action against the carrier who performed \r\nthe carriage during which the destruction, loss, damage or delay took place.  These carriers wi ll be \r\njointly and severally liable to the passenger or to the consignor or consignee. \r\nCHAPTER IV \r\nPROVISIONS RELATING TO COMBINED CARRIAGE \r\n31. (1) In the case of combined carriage performed partly by air and partly by any other mode \r\nof carriage, the provisi ons of this Schedule apply only to the carriage by air, provided that the \r\ncarriage by air falls within the terms of rule 1. \r\n(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from \r\ninserting in the document of air carria ge conditions relating to other mode of carriage, provided that \r\nthe provisions of this Schedule are observed as regards the carriage by air. \r\nCHAPTER V \r\nGENERAL AND FINAL PROVISIONS \r\n32. Any clause contained in the contract and all special agreements entered into before the \r\ndamage occurred by which the parties purport to infringe the rules laid down by this Schedule, \r\nwhether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and \r\nvoid. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to these rules, if \r\nthe arbitration is to take place in the territory of one of the High Contracting Parties within one of the \r\njurisdictions referred to in rule 28. \r\n33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter \r\ninto any contract of carriage, or from making regulations which do not conflict with the provisions \r\nof this Schedule. \r\n34. The provisions of rules 3 to 9 inclusive relating to documents of carriage shall not  apply \r\nin the case of carriage performed in extraordinary circumstances outside the normal scope of an air \r\ncarrier’s business. \r\n35. The expression “days” when used in these rules means current days, not working days. \r\n36. For the purposes of these rules the word “territory” means not only the metropolitan \r\nterritory of a State but also all other territories for the foreign relations of which that State is \r\nresponsible. \r\n37. When a High Contracting Party has declared at the time of ratification of or of accession  \r\nto the Convention that the first paragraph of Article 2 of the Convention shall not apply to \r\ninternational carriage by air performed directly by the State, its colonies, protectorates or mandated \r\nterritories or by any other territory under its sovereignty , suzerainty or authority these rules shall not \r\napply to international carriage by air so performed. \r\n \r\n \r\nPage 24 of 53 \r\n \r\nTHE THIRD SCHEDULE \r\n[See section 3(3)] \r\nTHE GUADALAJARA CONVENTION 1961 \r\nUNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL  \r\nCARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE \r\n     CONTRACTING CARRIER \r\nRULES \r\n 1. In these rules,— \r\n(a) “Warsaw Convention ” means the Convention for the Unification of Certain \r\nRules Relating to International Carriage by Air signed at Warsaw on 12 th \r\nOctober, 1929, or the Warsaw C onvention as amended at The Hague, 1955, \r\naccording to whether the carriage under the agreement referred to in \r\nparagraph (b) is governed by the one or by the other; \r\n(b)  “Contracting Carrier” means a person who as a principal makes an agreement \r\nfor carriage  governed by the Warsaw Convention with a passenger or \r\nconsignor or with a person acting on behalf of the passenger or consignor; \r\n(c)  “actual carrier ” means a person, other than the contracting carrier, who, by \r\nvirtue of authority from the contracting car rier, performs the whole or part of \r\nthe carriage contemplated in paragraph (b) but who is not with respect to such \r\npart a successive carrier within the meaning of the Warsaw Convention. Such \r\nauthority is presumed in the absence of proof to the contrary. \r\n2. If an actual carrier performs the whole or part of carriage which according to the \r\nagreement referred to in Article 1, paragraph (b), is governed by the Warsaw Convention, both the \r\ncontracting carrier and the actual carrier shall, except as otherwise provided in these rules, be subject \r\nto the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the \r\nagreement, the latter solely for the carriage which he performs. \r\n3. The acts and omissions of the actual carrier and of his servants and agents acting within \r\nthe scope of their employment shall in relation to the carriage performed by the actual carrier, be \r\ndeemed to be also those of the contracting carrier. \r\n4. The acts and omissions of the contracting carrier and of his servan ts and agents acting \r\nwithin the scope of their employment shall, in relation to the carriage performed by the actual \r\ncarrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall \r\nsubject the actual carrier to liabil ity exceeding the limits specified in Article 22 of the Warsaw \r\nConvention. Any special agreement under which the contracting carrier assumes obligations not \r\nimposed by the Warsaw Convention or any wa iver of rights conferred by the  Convention or any \r\nspecial declaration of interest in delivery at destination contemplated in Article 22 of the said \r\nConvention, shall not affect the actual carrier unless agreed to by him. \r\n5. Any complaint to be made or order to be given under the Warsaw Convention to the \r\ncarrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. \r\n \r\nPage 25 of 53 \r\n \r\nNevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if \r\naddressed to the contracting carrier. \r\n6. In relation to the  carriage performed by the actual carrier, any servant or agent of that \r\ncarrier or of the contracting carrier shall, if he proves that he acted within the scope of his \r\nemployment, be entitled to avail himself of the limits of liability which are applicable  under these \r\nrules to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, \r\nunder the Warsaw Convention, prevents the limits of liability from being invoked. \r\n7. In relation to the carriage performed by the actual car rier, the aggregate of the amounts \r\nrecoverable from that carrier and the contracting carrier, and from their servants and agents acting \r\nwithin the scope of their employment, shall not exceed the highest amount which could be awarded \r\nagainst either the cont racting carrier or the actual carrier under these rules, but none of the persons \r\nmentioned shall be liable for a sum in excess of the limit applicable to him. \r\n8. In relation to the carriage performed by the actual carrier, an action for damages may be \r\nbrought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both \r\ntogether or separately. If the action is brought against only one of those carriers, that carrier shall \r\nhave the right to require the other carrier to be joined in the proceedings, the procedure and effects \r\nbeing governed by the law of the Court seized of the case. \r\n9. Any action for damages contemplated in rule 8 must be brought at the option of the \r\nplaintiff, either before a Court in which an action may be  brought against the contracting carrier, as \r\nprovided in Article 28 of the Warsaw Convention or before the Court having jurisdiction at the place \r\nwhere the actual carrier is ordinarily resident or has his principal place of business. \r\n10. Any contractual provision tending to relieve the contracting carrier or the actual carrier of \r\nliability under these rules or to fix a lower limit than that which is applicable according to these rules \r\nshall be null and void, but the nullity of any such provision does not in volve the nullity of the whole \r\nagreement, which shall remain subject to the provisions of these rules. \r\n11. In respect of the carriage performed by the actual carrier, rule 10 shall not apply to \r\ncontractual provisions governing loss or damage resulting from the inherent defect, quality or vice of \r\nthe cargo carried. \r\n12. Any clause contained in an agreement for carriage and all special agreements entered into \r\nbefore the damage occurred by which the parties purport to infringe these rules, whether by deciding \r\nthe law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, \r\nfor the carriage of cargo arbitration clauses are allowed, subject to these rules, if the arbitration is to \r\ntake place in one of the jurisdictions referred to in rule 9. \r\n13. Except as provided in rule 8, nothing in these rules shall affect the rights and obligations \r\nof the two carriers between themselves. \r\n \r\nPage 26 of 53 \r\n \r\nTHE FOURTH SCHEDULE \r\n[See section 3(4)] \r\nTHE MONTREAL CONVENTION FOR THE UNIFICATION OF CERTAIN \r\nRULES FOR INTERNATIONAL CARRIAGE BY AIR 1999 UNIFICATION OF \r\nCERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR. \r\nRULES \r\nCHAPTER I \r\nGENERAL PROVISIONS \r\n1. Scope of application. ___ (1) This Schedule applies to all international carriage of persons, \r\nbaggage or cargo per formed by aircraft for reward. It applies equally to gratuitous carriage by \r\naircraft performed by an air transport undertaking. \r\n(2) For the purposes of this Schedule, the expression “International carriage ” means any \r\ncarriage in which, according to the agr eement between the parties, the place of departure and the \r\nplace of destination, whether or not there be a break in the carriage or a transshipment, are situated \r\neither within the territories of two States Parties, or within the territory of a single State Party if there \r\nis an agreed stopping place within the territory of another State, even if that State is not a State Party. \r\nCarriage between two points within the territory of a single State Party without an agreed stopping \r\nplace within the territory of an other State is not international carriage for the purposes of this \r\nSchedule. \r\n(3) Carriage to be performed by several successive carriers is deemed, for the purposes of \r\nthis Schedule, to be one undivided carriage if it has been regarded by the parties as a single \r\noperation, whether it had been agreed upon under the form of a single contract or of a series of \r\ncontracts, and it does not lose its international character merely because one contract or a series of \r\ncontracts is to be performed entirely within the territory of the same State. \r\n(4) This Schedule applies also to carriage as set out in Chapter V, subject to the terms \r\ncontained therein. \r\n2. Carriage performed by State and carriage of postal items.  ___(1) This Schedule applies \r\nto carriage performed by the State or by legally constituted public bodies provided it falls within the \r\nconditions laid down in rule 1. \r\n(2) In the carriage of postal items, the carrier shall be liable only to the relevant postal \r\nadministration in accordance with the rules applicable t o the relationship between the carriers and \r\nthe postal administrations. \r\n(3) Except as provided in paragraph 2 of this rule, the provisions of this Schedule shall not \r\napply to the carriage of postal items. \r\n \r\n \r\n \r\nPage 27 of 53 \r\n \r\nCHAPTER II \r\nDOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE \r\nCARRIAGE OF PASSENGERS, BAGGAGE AND CARGO \r\n 3. Passengers and baggage.  ___ (1) In respect of carriage of passengers, an individual or \r\ncollective document of carriage shall be delivered containing: \r\n(a) an indication of the places of departure and destination; \r\n(b) if the places of departure and destination are within the territory of a single \r\nState Party, one or more agreed stopping places being within the territory of \r\nanother State, an indication of at least one such stopping place. \r\n(2) Any other means which preserves the information indicated in paragraph 1 may be \r\nsubstituted for the delivery of the document referred to in that paragraph. If any such other means is \r\nused, the carrier shall offer to deliver to the passenger a written statement  of the information so \r\npreserved. \r\n(3) The carrier shall deliver to the passenger a baggage identification tag for , each piece of \r\nchecked baggage. \r\n(4) The passenger shall be given written notice to the effect that where this Schedule is \r\napplicable it govern s and may limit the liability of carriers in respect of death or injury and for \r\ndestruction or loss of, or damage to, baggage, and for delay. \r\n(5) Non-compliance with the provisions of the foregoing paragraphs shall not affect the \r\nexistence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules \r\nof this Schedule including those relating to limitation of liability. \r\n4. Cargo. ___ (1) In respect of the carriage of cargo, an airway bill shall be delivered. \r\n(2) Any other mea ns which preserves a record of the carriage to be performed may be \r\nsubstituted for the delivery of an air way bill. If such other means are used, the carrier shall, if so \r\nrequested by the consignor, deliver to the consignor a cargo receipt permitting identi fication of the \r\nconsignment and access to the information contained in the record preserved by such other means. \r\n5. Contents of air way bill or cargo receipt.  ___ The airway bill or the cargo receipt shall \r\ninclude: \r\n(a) an indication of the places of departure and destination; \r\n(b) if the places of departure and destination are within the territory of a single \r\nState Party, one or more agreed stopping places being within the territory of \r\nanother State, an indication of at least one such stopping place; and \r\n(c) an indication of the weight of the consignment. \r\n6. Document relating to the nature of the cargo.  ___ The consignor may be required, if \r\nnecessary, to meet the formalities of customs, police and similar public authorities, to deliver a \r\n \r\nPage 28 of 53 \r\n \r\ndocument indicating the nature of the cargo. This provision creates for the carrier no duty, obligation \r\nor liability resulting therefrom. \r\n7. Description of air way bill. ___ (1) The air way bill shall be made out by the consignor in \r\nthree original parts.  \r\n(2) The first part shall  be marked “for the carrier ”; it shall be signed by the consignor. The \r\nsecond part shall be marked “for the consignee ”; it shall be signed by the consignor and by the \r\ncarrier. The third part shall be signed by the carrier who shall hand it to the consignor  after the cargo \r\nhas been accepted. \r\n(3) The signature of the carrier and that of the consignor may be printed or stamped. \r\n(4) If, at the request of the consignor, the carrier m akes out the air way bill, the carrier shall \r\nbe deemed, subject to proof to the contrary, to have done so on behalf of the consignor. \r\n 8. Documentation for multiple packages. ___ When there is more than one package:  \r\n(a) the carrier of cargo has the right to require the con signor to make out separate \r\nairway bills; \r\n(b) the consignor has  the right to require the carrier to deliver separate cargo \r\nreceipts when the other means referred to in paragraph 2 of rule 4 are used. \r\n9. Non -compliance with documentary requirements.  ___ Non-compliance with the \r\nprovisions of rules 4 to 8 shall not affec t the existence or the validity of the contract of carriage, \r\nwhich shall, nonetheless, be subject to the rules of this Convention including those relating to \r\nlimitation of liability. \r\n10. Responsibility for particulars of documentation.  ___ (1) The consigno r is responsible \r\nfor the correctness of the particulars and statements relating to the cargo inserted by  it or on its \r\nbehalf in the air way bill or furnished by it or on its behalf to the carrier for insertion in the cargo \r\nreceipt or for insertion in the re cord preserved by the other means referred to in paragraph 2 of rule \r\n4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent \r\nof the carrier. \r\n(2) The consignor shall indemnify the carrier against all damage suf fered by it, or by any \r\nother person to whom the carrier is , liable, by reason of the irregularity, incorrectness or \r\nincompleteness of the particulars and statements furnished by the consignor or on its behalf. \r\n(3) Subject to the provisions of paragraphs 1 and 2 of this rule, the carrier shall indemnify the \r\nconsignor against all damage suffered by it, or by any other person to whom the consignor is liable, \r\nby reason of the irregularity, incorrectness or incompleteness of  the particulars and statement \r\ninserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other \r\nmeans referred to in paragraph 2 of rule 4. \r\n11. Evidentiary value of documentation.  ___ (1) The air way bill or the cargo receipt is \r\nprima facie  evidence of the conclusion of the contract, of the acceptance of the cargo and of the \r\nconditions of carriage mentioned therein. \r\n \r\nPage 29 of 53 \r\n \r\n(2) Any statements in the air way bill or the cargo receipt relating to the weight, dimensions \r\nand packing of the cargo, as well as those relatin g to the number of packages, are prima facie  \r\nevidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not \r\nconstitute evidence against the carrier except so far as they both have been, and are stated in the \r\nairway bill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate \r\nto the apparent condition of the cargo. \r\n12. Right of disposition of cargo. ___ (1) Subject to its liability to carry out all its obligations \r\nunder the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it \r\nat the airport of departure or destination, or by stopping it in the course of the journey on any \r\nlanding, or by calling for it to be delivered at the place of destination  or in the course of the journey \r\nto a person other than the consignee originally designated, or by requiring it to be returned to the \r\nairport of departure. The consignor must not exercise this right of disposition in such a way as to \r\nprejudice the carrier or other consignors and must reimburse any expenses occasioned by the \r\nexercise of this right. \r\n(2) If it is impossible to carry out the instructions of the consignor, the carrier must so inform \r\nthe consignor forthwith. \r\n(3) If the carrier carries out the ins tructions of the consignor for the disposition of the cargo \r\nwithout requiring the pr oduction of the part of the air way bill or the cargo receipt delivered to the \r\nlatter, the carrier will be liable, without prejudice to its right of recovery from the consig nor, for any \r\ndamage which may be caused thereby to any person who is lawfully in pos session of that part of the \r\nairway bill or the cargo receipt. \r\n(4) The right conferred on the consignor ceases at the moment when that of the consignee \r\nbegins in accordance with rule 13. Nevertheless, if the consignee declines to accept the cargo, or \r\ncannot be communicated with, the consignor resumes its right of disposition. \r\n13. Delivery of the cargo.  ___ (1) Except when the consignor has exercised its right under \r\nrule 12, t he consignee is entitled, on arrival of the cargo at the place of destination, to require the \r\ncarrier to deliver the cargo to it, on payment of the charges due and on complying with the \r\nconditions of carriage. \r\n(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as \r\nsoon as the cargo arrives. \r\n(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration \r\nof seven days after the date on which it ought to have arrived, the consigne e is entitled to enforce \r\nagainst the carrier the rights which flow from the contract of carriage. \r\n14. Enforcement of the rights of consignor and consignee.  ___ The consignor and the \r\nconsignee can respectively enforce all the rights given to them by rules 1 2 and 13, each in its own \r\nname, whether it is acting in its own interest or in the interest of another, provided that it carries out \r\nthe obligations imposed by the contract of carriage. \r\n15. Relations of consignor and consignee or mutual relations of third parties.___ (1) \r\nRules 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each \r\nother or the mutual relations of third parties whose rights are derived either from the consignor or \r\nfrom the consignee. \r\n \r\nPage 30 of 53 \r\n \r\n(2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the \r\nairway bill or the cargo receipt. \r\n(3) Nothing in these rules prevents the issue of a negotiable airway bill: \r\nProvided that an electronic air way bill shall be deemed to be a negotiable in strument as \r\ndefined in section 13 of the Negotiable Instruments Act, 1881 (XXVI of 1881) and may be dealt \r\nwith in any manner as a paper air way bill and the Electronic Transactions Ordinance 2002 sha ll \r\napply to such electronic air way bill notwithstanding se ction 31(1)(a) of the Electronic Transactions \r\nOrdinance 2002. \r\n16. Formalities of customs, police or other public authorities.  ___(1) The consignor must \r\nfurnish such information and such documents as are necessary to meet the formalities of customs, \r\npolice and any other public authorities before the cargo can be delivered to the consignee. The \r\nconsignor is liable to the carrier for any damage occasioned by the absence, insufficiency or \r\nirregularity of any such information or documents, unless the damage is d ue to the fault of the \r\ncarrier, its servants or agents. \r\n(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such \r\ninformation or documents. \r\nCHAPTER III \r\nLIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION  \r\nFOR DAMAGE \r\n17. Death and injury of passengers - damage to baggage.  ___ (1) The carrier is liable for \r\ndamage sustained in case of death or bodily injury of a passenger upon condition only that the \r\naccident which caused the death or injury took place on board the aircraft or in the course of any of \r\nthe operations of embarking or disembarking. \r\n(2) The carrier is liable for damage sustained in case of destruction or loss of, or of damage \r\nto, checked baggage upon condition only that the event which caused the destruction, loss or damage \r\ntook place on board the aircraft or during any period within which the checked baggage was in the \r\ncharge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted \r\nfrom the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including \r\npersonal items, the carrier is liable if the damage resulted from its fault or that of its servants or \r\nagents. \r\n(3) If the carrier admits the loss of the checked baggage, or if the checked baggage h as not \r\narrived at the expiration of twenty -one days after the date on which it ought to have arrived, the \r\npassenger is entitled to enforce against the carrier the rights which flow from the contract of carriage. \r\n(4) Unless otherwise specified, in this Sche dule the term “baggage” means both checked \r\nbaggage and unchecked baggage. \r\n18. Damage to cargo.  ___ (1) The carrier is liable for damage sustained in the event of the \r\ndestruction or loss of, or damage to, cargo upon condition only that the event which cause d the \r\ndamage so sustained took place during the carriage by air. \r\n \r\nPage 31 of 53 \r\n \r\n(2) However, the carrier is not liable if and to the extent it proves that the destruction, or loss \r\nof, or damage to, the cargo resulted from one or more of the following:  \r\n(a) inherent defect, quality or vice of that cargo; \r\n(b) defective packing of that cargo performed by a person other than the ca rrier or \r\nits servants or agents. \r\n(c) an act of war or an armed conflict; \r\n(d) an act of public authority carried out in connection with the entry, e xit or \r\ntransit of the cargo. \r\n  (3) The carriage by air within the meaning of paragraph 1 of this rule comprises the period \r\nduring which the cargo is in the charge of the carrier. \r\n  (4) The period of the carriage by air does not extend to any carriage by la nd, by sea or by \r\ninland waterway performed outside an airport. If, however, such carriage takes place in the \r\nperformance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, \r\nany damage is presumed, subject to proof to t he contrary, to have been the result of an event which \r\ntook place during the carriage by air. If a carrier, without the consent of the consignor, substitutes \r\ncarriage by another mode of transport for the whole or part of a carriage intended by the agreemen t \r\nbetween the parties to be carriage by air, such carriage by another mode of transport is deemed to be \r\nwithin the period of carriage by air. \r\n19. Delay. ___ The carrier is liable for damage occasioned by delay in the carriage by air of \r\npassengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by \r\ndelay if it proves that it and its servants and agents  took all measures that could reasonably be \r\nrequired to avoid the damage or that it was impossible for it or them to take such measures. \r\n 20. Exoneration.  ___ If the carrier proves that the damage was caused or contributed to by \r\nthe negligence or other wrongful act or omission of the person claiming compensation, or the person \r\nfrom whom he or she derives his or her rights, t he carrier shall be wholly or partly exonerated from \r\nits liability to the claimant to the extent that such negligence or wrongful act or omission caused or \r\ncontributed to the damage. When by reason of death or injury of a passenger compensation is \r\nclaimed by a person other than the passenger, the carrier shall likewise be wholly or partly \r\nexonerated from its liability to the extent that it proves that the damage was caused or contributed to \r\nby the negligence or other wrongful act or omission of that passeng er. This rule applies to all the \r\nliability provisions in this Schedule, including paragraph 1 of rule 21. \r\n21. Compensation in case of death or injury of passengers.  ___ (1) For damages arising \r\nunder paragraph 1 of rule 17 not exceeding 1[151,880] Special Drawing Rights for each passenger, \r\nthe carrier shall not be able to exclude or limit its liability. \r\n(2) The carrier shall not be liable for damages arising under paragraph 1 of rule 1 7 to the \r\nextend that they exceed for each passenger 1[151,880] Special Drawing Rights if the carrier proves \r\nthat: \r\n1Subs. by Act No. XL of 2026, s. 8. \r\n \r\nPage 32 of 53 \r\n \r\n(a)  such damage was not due to the negligence or other wrongful act or omission \r\nof the carrier or its servants or agents; or \r\n(b)  such damage was solely due to the negligence or o ther wrongful act or \r\nomission of a third party. \r\n22. Limits of liability in relation to delay, baggage and cargo. ___ (1) In the case of damage \r\ncaused by delay as specified in rule 19 in the carriage of persons, the liability of the carrier for each \r\npassenger is limited to 1[6303] Special Drawing Rights. \r\n(2) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, \r\ndamage or delay is limited to 1[1519] Special Drawing Rights for each passenger unless the \r\npassenger has made, at the time when the checked baggage was handed over to the carrier, a special \r\ndeclaration of interest in delivery at destination and has paid a supplementary sum if the ca se so \r\nrequires. In that case  carrier will be liable to pay a sum not exceeding the de clared sum, unless it \r\nproves that the sum is greater than the passenger’s actual interest in delivery at destination. \r\n(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage \r\nor delay is limited to a sum of 1[26] Special Drawing Rights per kilogramme, unless the consignor \r\nhas made, at the time when the package was handed over to the carrier, a special declaration of \r\ninterest in delivery at destination and has paid a supplementary sum if the case so requires. In tha t \r\ncase the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the \r\nsum is greater than the consignor’s actual interest in delivery at destination. \r\n(4) In the case of destruction, loss, damage or delay of part of the ca rgo, or of any object \r\ncontained therein, the weight to be taken into consideration in determining the amount to which the \r\ncarrier’s liability is limited shall be only the total weight of the package or packages concerned. \r\nNevertheless, when the destruction , loss, damage or delay of a part of the cargo, or of an object \r\ncontained therein, affects the value of other p ackages covered by the same air  waybill, or the same \r\nreceipt or, if they were not issued, by the same record preserved by the other means referre d to in \r\nparagraph 2 of rule 4, the total weight of such package or packages shall also be taken into \r\nconsideration in determining the limit of liability. \r\n(5) The foregoing provisions of paragraphs 1 and 2 of this rule shall not apply if it is proved \r\nthat t he damage resulted from an act or omission of the carrier, its servants or agents, done with \r\nintent to cause damage or recklessly and with knowledge that damage would probably result: \r\nProvided that, in the case of such act or omission of a servant or agent , it is also proved that \r\nsuch servant or agent was acting within the scope of its employment. \r\n(6) The limits prescribed in rule 21 and in this rule shall not prevent the court from awarding, \r\nin accordance with its own law, in addition, the whole or part of  the court costs and of the other \r\nexpenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall \r\nnot apply if the amount of the damages awarded, excluding court costs and other expenses of the \r\nlitigation, does not e xceed the sum which the carrier has offered in writing to the plaintiff within a \r\nperiod of six months from the date of the occurrence causing the damage, or before the \r\ncommencement of the action, if that is later. \r\n1Subs.  by Act No. XL of 2026, s. 8. \r\n \r\nPage 33 of 53 \r\n \r\n23. Conversion of monetary units.  ___(1) The sums mentioned in terms of special Drawing \r\nRight in this Schedule shall be deemed to refer to the Special Drawing Right as defined by the \r\nInternational Monetary Fund. Conversion of the sums into national currencies s hall, in case of \r\njudicial proceedings, be made according to the value of such currencies in terms of the Special \r\nDrawing Right at the date of the judgment. The value of a national currency, in terms of the Special \r\nDrawing Right, of a State Party which is a  Member of the International Monetary Fund, shall be \r\ncalculated in accordance with the method of valuation applied by the International Monetary Fund, \r\nin effect at the date of the judgment, for its operations and transactions. The value of a national \r\ncurrency, in terms of the Special Drawing Right, of a State Party which is not a Member of the \r\nInternational Monetary Fund, shall be calculated in a manner determined by that State. \r\n(2) Nevertheless, those States which are not Members of the International Monet ary Fund \r\nand whose law does not permit the application of the provisions of paragraph 1 of this rule may, at \r\nthe time of ratification or accession or at any time thereafter, declare that the limit of liability of the \r\ncarrier prescribed in rul e 21 is fixed at a sum of 1500 000 monetary units per passenger in judicial \r\nproceedings in their ter ritories; 62500 monetary units per passenger with respect to paragraph 1 of \r\nrule 22; 15,000 monetary units per passenger with respect to paragraph 2 of rule 22; and 250 \r\nmonetary units per kilogramme with respect to paragraph 3 of rule 22. This monetary unit \r\ncorresponds to sixty -five and a half milligrammes of gold of millesimal fineness nine hundred. \r\nThese sums may be converted into the national currency concerned in round figures. The conversion \r\nof these sums into national currency shall be made according to the law of the State concerned. \r\n(3) The calculation mentioned in the last sentence of paragraph 1 of this rule and the \r\nconversion method mentioned in paragraph 2 of thi s rule shall be made in such manner as to express \r\nin the national currency of the State Party as far as possible the same rea l value for the amounts in \r\nrule 21 and 22 as would result from the application of the first three sentences of paragraph 1 of this \r\nrule. States Parties shall communicate to the depositary the manner of calculation pursuant to \r\nparagraph 1 of this rule, or the result of the conversion in paragraph 2 of this rule as the case may be, \r\nwhen depositing an instrument of ratification, acceptan ce, approval of or accession to this Schedule \r\nand whenever there is a change in either. \r\n24. Review of limits.  ___(1) Without prejudice to the provisions of rule 25 of this Schedule \r\nand subject to paragraph 2 below, the limits of liability prescribed in rul es 21, 22 and 23 shall be \r\nreviewed by the Depositary at five-year intervals, the first such review to take place at the end of the \r\nfifth year following the date of entry into force of the Convention, or if the Convention does not \r\nenter into force within fi ve years of the date it is first open for signature, within the first year of its \r\nentry into force, by reference to an inflation factor which corresponds to the accumulated rate of \r\ninflation since the previous revision or in the first instance since the da te of entry into force of the \r\nConvention. The measure of the rate of inflation to be used in determining the inflation factor shall \r\nbe the weighted average of the annual rates of increase or decrease in the Consumer Price Indices of \r\nthe States whose curren cies comprise the Special Drawing Right mentioned in paragraph 1 of rule \r\n23. \r\n(2) If the review referred to in the preceding paragraph concludes that the inflation factor has \r\nexceeded 10 per cent, the Depositary shall notify States Parties of a revision of the limits of liability. \r\nAny such revision shall become effective six months after its notification to the States Parties. If \r\nwithin three months after its notification to the States Parties a majority of the States Parties register \r\ntheir disapproval, the revision shall not become effective and the Depositary shall refer the matter to \r\na meeting of the States Parties. The Depositary shall immediately notify all States Parties of the \r\ncoming into force of any revision. \r\n \r\nPage 34 of 53 \r\n \r\n(3) Notwithstanding paragraph 1 of this r ule, the procedure referred to in paragraph 2 of this \r\nrule shall be applied at any time provided that one -third of the States Parties express a desire to that \r\neffect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 per cent \r\nsince the previous revision or since the date of entry into force of this Convention if there has been \r\nno previous revision. Subsequent reviews using the procedure described in paragraph 1 of this rule \r\nwill take place at five -year intervals starting  at the end of the fifth year following the date of the \r\nreviews under the present paragraph. \r\n25. Stipulation on limits.  ___ A carrier may stipulate that the contract of carriage shall be \r\nsubject to higher limits of liability than those provided for in this  Schedule or to no limits of liability \r\nwhatsoever. \r\n26. Invalidity of contractual provisions.  ___ Any provision tending to relieve the carrier of \r\nliability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, \r\nbut the nullity of any such provision does not involve the nullity of the whole contract, which shall \r\nremain subject to the provisions of this Schedule. \r\n27. Freedom to contract.  ___ Nothing contained in this Schedule shall prevent the carrier \r\nfrom refusing to ent er into any contract of carriage, from waiving any defences available under the \r\nSchedule, or from laying down conditions which do not conflict with the provisions of this Schedule. \r\n1[28. Advance payments. ___ (1) In case of aircraft accident resulting in death of a passenger, \r\nthe carrier shall, within thirty  days from the date of  submission of succession certificate, make full \r\nadvance payment under rule 2l to a natural person or persons who is  or are entitled to claim \r\ncompensation.  \r\n(2) In case of aircraft accident resulting in injury to a passenger, the carrier shall, in \r\naccordance with the annual general or special direction  of the Pakistan Civil Aviation  Authority, \r\nmake advance payments without delay to a natural person or persons who is or are entitled t o claim \r\ncompensation in order to meet the immediate economic needs of such person or persons. \r\n(3) Any advance payment under this rule shall not constitute recognition of liability and may \r\nbe offset against any amounts subsequently paid as damages by the carrier.] \r\n29. Basis of claims.  ___ In the carriage of passengers, baggage and cargo, any action for \r\ndamages, however founded, whether under this Schedule or in contract or in tort or otherwise, can \r\nonly be brought subject to the conditions and such limits of  liability as are set out in this Schedule \r\nwithout prejudice to the question as to who are the persons who have the right to bring suit and what \r\nare their respective rights. In any such action, punitive, exemplary or any other non -compensatory \r\ndamages shall not be recoverable. \r\n30. Servants, agents __ Aggregation of claims.  ___(1) If an y action is brought against a \r\nservant or agent of the carrier arising out of damage to which this Schedule relates, such servant s or \r\nagent, if they prove that they acted withi n the scope of their employment, shall be entitled to avail \r\nthemselves of the conditions and limits of liability which the carrier itself is entitled to invoke under \r\nthis Schedule. \r\n1Subs. by Act No. XL of 2026, s. 8. \r\n \r\n \r\nPage 35 of 53 \r\n \r\n(2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that \r\ncase, shall not exceed the said limits. \r\n(3) Save in respect of the carriage of cargo, the provisions of paragraphs 1 and 2 of this rule \r\nshall not apply if it is proved that the damage resulted from an act or omission of the servant or agent \r\ndone with intent to cause damage or recklessly and with knowledge that damage would probably \r\nresult. \r\n 31. Timely notice of complaints. ___(1) Receipt by the person entitled to delivery of checked \r\nbaggage or cargo without complaint is prima facie  evidence that the same has been delivered in \r\ngood condition and in accordance with the document of carriage or with the record preserved by the \r\nother means referred to in paragraph 2 of rule 3 and paragraph 2 of rule 4. \r\n(2) In the case of damage, the person entitled to delivery must complain to the carrier \r\nforthwith after the discovery of the damage, and, at the latest, within seven days from the date of \r\nreceipt in the case of checked baggage and fourteen days from the date  of receipt in the case of \r\ncargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the \r\ndate on which the baggage or cargo have been placed at his or her disposal. \r\n(3) Every complaint must be made in writing and giv en or dispatched within the times \r\naforesaid. \r\n(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, \r\nsave in the case of fraud on its part. \r\n32. Death of person liable.  ___ In the case of the death of the person liab le, an action for \r\ndamages lies in accordance with the terms of this Schedule against those legally representing his or \r\nher estate. \r\n33. Jurisdiction. ___ (1) An action for damages must be brought, at the option of the plaintiff, \r\nin the territory of one of t he State Parties, either before the court of the domicile of the carrier or of \r\nits principal place of business, or where it has a place of business through which the contract has \r\nbeen made or before the court at the place of destination. \r\n(2) In respect of damage resulting from the death or injury of a passenger, an action may be \r\nbrought before one of the courts mentioned in paragraph 1 of this rule, or in the territory of a State \r\nParty in which at the time of the accident the passenger has his or her princi pal and permanent \r\nresidence and to or from which the carrier operates services for the carriage of passengers by air, \r\neither on its own aircraft or on another carrier ’s aircraft pursuant to a commercial agreement, and in \r\nwhich that carrier conducts its bus iness of carriage of passengers by air from premises leased or \r\nowned by the carrier itself or by another carrier with which it has a commercial agreement. \r\n (3) For the purposes of paragraph 2, ___ \r\n(a)  “commercial agreement ” means an agreement, other than an agency \r\nagreement, made between carriers and relating to the provision of their joint \r\nservices for carriage of passengers by air; \r\n \r\nPage 36 of 53 \r\n \r\n(b) “principal and permanent residence ” means the one fixed and permanent \r\nabode of the passenger at the time of the accident . The nationality of the \r\npassenger shall not be the determining factor in this regard. \r\n 34. Arbitration.  ___ (1) Subject to the provisions of this rule, the parties to the contract of \r\ncarriage for cargo may stipulate that any dispute relating to the liabil ity of the carrier under this \r\nSchedule shall be settled by arbitration. Such agreement shall be in writing. \r\n(2) the arbitration proceedings shall, at the option of the claimant, take place within one of \r\nthe jurisdictions referred to in rule 33. \r\n(3) the arbitrator or arbitration tribunal shall apply the provisions of this Schedule. \r\n(4) The provisions of paragraphs 2 and 3 of this rule shall be deemed to be part of every \r\narbitration clause or agreement, and any term of such clause or agreement which is incons istent \r\ntherewith shall be null and void. \r\n35. Limitation of actions.  ___ The right to damages shall be extinguished if an action is not \r\nbrought within a period of two years, reckoned from the date of arrival at the destination, or from the \r\ndate on which the aircraft ought to have arrived, or from the date on which the carriage stopped. \r\n36. Successive carriage. ___ (1) In the case of carriage to be performed by various successive \r\ncarriers and falling within the definition set out in paragraph 3 of rule 1, eac h carrier which accepts \r\npassengers, baggage or cargo is subject to the rules set out in this Schedule and is deemed to be one \r\nof the parties to the contract of carriage in so far as the contract deals with that part of the carriage \r\nwhich is performed under its supervision. \r\n(2) In the case of carriage of this nature, the passenger or any person entitled to compensation \r\nin respect of him or her can take action only against the carrier which performed the carriage during \r\nwhich the accident or the delay occurre d, save in the case where, by express agreement, the first \r\ncarrier has assumed liability for the whole journey. \r\n(3) As regards baggage or cargo, the passenger or consignor will have a right of action \r\nagainst the first carrier, and the passenger or consigne e who is entitled to delivery will have a right \r\nof action against the last carrier, and further, each may take action against the carrier which \r\nperformed the carriage during which the destruction, loss, damage or delay took place. These \r\ncarriers will be jointly and severally liable to the passenger or to the consignor or consignee. \r\n37. Right of recourse against third parties.  ___ Nothing in this Schedule shall prejudice the \r\nquestion whether a person liable for damage in accordance with its provisions has a right of recourse \r\nagainst any other person. \r\nCHAPTER-IV \r\nCOMBINED CARRIAGE \r\n38. Combined carriage. ___ (1) In the case of combined carriage performed partly by air and \r\npartly by any other mode of carriage, the provisions of this Schedule shall, subject to par agraph 4 of \r\nrule 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of \r\nrule 1. \r\n \r\nPage 37 of 53 \r\n \r\n(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from \r\ninserting in the document of air carriage conditions relating to other modes of carriage, provided that \r\nthe provisions of this Schedule are observed as regards the carriage by air. \r\nCHAPTER-V \r\nCARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE \r\nCONTRACTING CARRIER \r\n39. Contracting carrier  ⸻Actual carrier. ___ The provisions of this Chapter apply when a \r\nperson (hereinafter referred to as “the contracting carrier ”) as a principal makes a contract of \r\ncarriage governed by this Schedule with a passenger or consignor or with a person acting on behalf \r\nof the passenger or consignor, and another person (hereinafter referred to as “the actual carrier ”) \r\nperforms, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is \r\nnot with respect to such part a successive carrier within the meaning of this Schedule. Such authority \r\nshall be presumed in the absence of proof to the contrary. \r\n40. Respective liability of contracting and actual carriers.  ___ If an actual carrier performs \r\nthe whole or part of carriage which, according to th e contract referred to in rule 39, is governed by \r\nthis Schedule, both the contracting carrier and the actual carrier shall, except as otherwise provided \r\nin this Chapter, be subject to the rules of this Schedule, the former for the whole of the carriage \r\ncontemplated in the contract, the latter solely for the carriage which it performs. \r\n41. Mutual liability.  ___ (1) The acts and omissions of the actual carrier and of its servants \r\nand agents acting within the scope of their employment shall, in relation to the  carriage performed \r\nby the actual carrier, be deemed to be also those of the contracting carrier. \r\n(2) The acts and omissions of the contracting carrier and of its servants and agents acting \r\nwithin the scope of their employment shall, in relation to the car riage performed by the actual \r\ncarrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall \r\nsubject the actual carrier to liability exceeding the amounts referred to in rules 21, 22, 23 and 24. \r\nAny special agreement under which the contracting carrier assumes obligations not imposed by this \r\nSchedule or any waiver of rights or defences conferred by this Schedule or any special declaration of \r\ninterest in delivery at destination contemplated in rule 22 shall not affect the actual carrier unless \r\nagreed to by it. \r\n42. Addressee of complaints and instructions.  ___ Any complaint to be made or instruction \r\nto be given under this Schedule to the carrier shall have the same effect whether addressed to the \r\ncontracting carrier or to the actual carrier. Nevertheless, instructions referred to in rule 12 shall only \r\nbe effective if addressed to the contracting carrier. \r\n43. Servants and agents.  ___ In relation to the carriage performed by the actual carrier, any \r\nservant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within \r\nthe scope of their employment, be entitled to avail themselves of the conditions and limits of liability \r\nwhich are applicable under this Schedule to the carrier whose servant  or agent they are, unless it is \r\nproved that they acted in a manner that prevents the limits of liability from being invoked in \r\naccordance with this Schedule. \r\n44. Aggregation of damages.  ___ In relation to the carriage performed by the actual carrier, \r\nthe aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their \r\n \r\nPage 38 of 53 \r\n \r\nservants and agents acting within the scope of their employment, shall not exceed the highest amount \r\nwhich could be awarded against either the contracting ca rrier or the actual carrier under this \r\nSchedule, but none of the persons mentioned shall be liable for a sum in excess of the limit \r\napplicable to that person. \r\n45. Addressee of claims. ⸻ In relation to the carriage performed by the actual carrier, an \r\naction for damages may be brought, at the option of the plaintiff, against that carrier or the \r\ncontracting carrier, or against both together or separately. If the action is brought against o nly one of \r\nthose carriers, that carrier shall have the right to require the other carrier to be joined in the \r\nproceedings. \r\n46. Additional jurisdiction.  ___ Any action for damages contemplated in rule 45 must be \r\nbrought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court \r\nin which an action may be brought against the contracting carrier, as provided in rule 33, or before \r\nthe court having jurisdiction at the place where the actual carrier has its domicile or it s principal \r\nplace of business. \r\n47. Invalidity of contractual provisions.  Any contractual provision tending to relieve the \r\ncontracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that \r\nwhich is applicable accord ing to this Chapter shall be null and void, but the nullity of any such \r\nprovision does not involve the nullity of the whole contract, which shall remain subject to the \r\nprovisions of this Chapter. \r\n 48. Mutual relations of contracting and actual carriers.  ___ Except as provided in rule 45, \r\nnothing in this Chapter shall affect the rights and obligations of the carriers between themselves, \r\nincluding any right of recourse or indemnification. \r\nCHAPTER-VI \r\nOTHER PROVISIONS \r\n 49. Mandatory application.  ___ Any clause contained in the contract of carriage and all \r\nspecial agreements entered into before the damage occurred by which the parties purport to infringe \r\nthe rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the \r\nrules as to jurisdiction, shall be null and void. \r\n50. Insurance. ___States Parties shall require their carriers to maintain adequate insurance \r\ncovering their liability under this Schedule. A carrier may be required by the State Party into which \r\nit operates to furnish  evidence that it maintains adequate insurance covering its liability under this \r\nSchedule. \r\n51. Carriage performed in extraordinary circumstances. ___ The provisions of rules 3 to 5, \r\n7 and 8 relating to the documentation of carriage shall not apply in the c ase of carriage performed in \r\nextraordinary circumstances outside the normal scope of a carrier’s business. \r\n52. Definition of days. ___The expression “days” when used in this Schedule means calendar \r\ndays, not working days. \r\n \r\n \r\nPage 39 of 53 \r\n \r\nCHAPTER-VII \r\nFINAL CLAUSES \r\n53. Signature, Ratification and Entry into Force. ___ (1) This Convention shall be open for \r\nsignature in Montreal on 28 May, 1999 by States participating in the International Conference on Air \r\nLaw held at Montreal from 10 to 28 May, 1999. After 28 May, 1999, the Co nvention shall be open \r\nto all States for signature at the headquarters of the International Civil Aviation Organization in \r\nMontreal until it enters into force in accordance with paragraph 6 of this Article. \r\n(2) This Convention shall similarly be open for s ignature by Regional Economic Integration \r\nOrganizations. For the purpose of this Convention, a “Regional Economic Integration Organization” \r\nmeans any organization which is constituted by sovereign States of a given region which has \r\ncompetence in respect of  certain matters governed by this Convention and has been duly authorized \r\nto sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or \r\n“States Parties ” in this Convention, otherwise than in paragraph 2 of Article 1 , paragraph 1(b) of \r\nArticle 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies \r\nequally to a Regional Economic Integration Organization. For the purpose of Article 24, the \r\nreferences to “a majority of the States Part ies” and “one-third of the States Parties ” shall not apply \r\nto a Regional Economic Integration Organization. \r\n(3) This Convention shall be subject to ratification by States and by Regional Economic \r\nIntegration Organizations which have signed it. \r\n(4) Any Sta te or Regional Economic Integration Organization which does not sign this \r\nConvention may accept, approve or accede to it at any time. \r\n(5) Instruments of ratification, acceptance, approval or accession shall be deposited with the \r\nInternational Civil Aviation Organization, which is hereby designated the Depositary. \r\n(6) This Convention shall enter into force on the sixtieth day following the date of deposit of \r\nthe thirtieth instrument of ratification, acceptance, approval or accession with the Depository \r\nbetween the States which have deposited such instrument. An instrument depos ited by a  Regional \r\nEconomic Integration Organization shall not be counted for the purpose of this paragraph. \r\n(7) For the States and for other Regional Economic Integration Organizations,  this \r\nConvention shall take effect sixty days following the date of deposit of the instrument of ratification, \r\nacceptance, approval or accession. \r\n(8) The Depository shall promptly notify all signatories and States Parties of: \r\n(a) each signature of this Convention and date thereof; \r\n(b) each deposit of an instrument of ratification, acceptance, approval or \r\naccession and date thereof; \r\n(c) the date and entry into force of this Convention; \r\n(d) the date of the coming  into force of any revision of the limits of li ability \r\nestablished under this Convention; \r\n \r\nPage 40 of 53 \r\n \r\n(e) any denunciation under Article 54. \r\n54. Denunciation . ___ (1) Any State Party may denounce this Convention by written \r\nnotification to the Depositary.  \r\n(2) Denunciation shall take effect one hundred and eighty d ays following the date on which \r\nnotification is received by the Depository. \r\n55. Relationship with other Warsaw Convention Instruments.  ___ This convention shall \r\nprevail over any rules which apply to international carriage by air: \r\n (1) between States Parties to this Convention by virtue of those States commonly being party \r\nto \r\n(a) the Convention for the Unification of Certain R ules relating to International \r\nCarriage by Air signed at Warsaw on 12 October, 1929 (hereinafter called the \r\nWarsaw Convention); \r\n(b) the Protocol to amend the Convention for the Unification of Certain R ules \r\nrelating to International Carriage by Air signed at Warsaw  on 12 October, \r\n1929 done at he  Hague on 28 Sept ember, 1955 (hereinafter called  The Hague \r\nProtocol); \r\n(c) the Convention, Supplementary to the Warsaw Convention for the Unification \r\nof Certain R ules relating to  International Carriage by Air P erformed by a \r\nPerson other than the Contracting Carrier, signed at Guadalajara on 18 \r\nSeptember, 1961 (hereinafter called the Guadalajara Convention); \r\n(d) the Protocol to amend the Convention for the Unification  of Certain R ules \r\nrelating to International Carriage by Air signed at Warsaw on 12 October, \r\n1929 as amended by the Protocol done at The Hague on 28 September, 1955, \r\nsigned at Guatemala City on 8 March, 1971 (hereinafter called t he Guatemala \r\nCity Protocol); \r\n(e) Additional Protocol Nos.1 to 3 and Montreal Protocol No.4 to amend the \r\nWarsaw Conv ention as amended by The Hague p rotocol or the Warsaw \r\nConvention as amended both The Hague Protocol a nd the Guatemala City \r\nProtocol, signed at Montreal on 25 September , 1975 (hereinafter called the \r\nMontreal Protocols); or  \r\n  (2) within the territory of any single State Party to this Convention by virtue of that State \r\nbeing Party to one or more of the instruments referred to in sub-paragraphs (a) to (e) above. \r\n56. States with more than one System of Law.  ___ (1) If a State has two or more territorial \r\nunits in which different systems of law are applicable in relation to matters dealt with in this \r\nConvention, it may be at the time of signature, ratification, acceptance, approval, or accession \r\ndeclare that this Convention shall extend to all its territorial units or only one or more of them and \r\nmay modify this declaration by submitting another declaration at any time. \r\n \r\nPage 41 of 53 \r\n \r\n(2) Any such declaration shall be notified to the Depository and shall state expressly the \r\nterritorial units to which the Convention applies. \r\n(3) In relation to a State Party which has made such a declaration: \r\n(a) reference in Article 23 to “national currency” shall be construed as referring \r\nto the currency of the relevant territorial unit of that State; and \r\n(b) the reference in Article 28 to “national law” shall be construed as referring to \r\nthe law of the relevant territorial unit of that State; \r\n57. Reservations.  ___ No reservation may be made to this Convention except that a State \r\nParty may at any time declare by a notifi cation addressed to the Deposita ry that this Convention \r\nshall not apply to: \r\n(a) international carriage by air performed and opera ted directly by that State \r\nParty for non -commercial purposes in respect to its functions and duties as a \r\nsovereign State; and/or \r\n(b) the carriage of persons, cargo and baggage for its military authorities on \r\naircraft registered in or leased by that State Party, the whole capacity of which \r\nhas, been reserved by or on behalf of such authorities. \r\nTHE FIFTH SCHEDULE \r\n[See section 5] \r\nAPPLICABLE RULES RELATING TO CARRIAGE BY AIR WHICH IS NOT \r\nINTERNATIONAL \r\nRULES \r\nCHAPTER I \r\nGENERAL PROVISONS \r\n1. Scope of application.  ___ (1) This Schedule applies to all carriage of passengers, baggage \r\nand cargo performed by aircraft for reward. \r\n (2) This Schedule applies also to  carriage as set out in Chapter -V, subject to the terms \r\ncontained therein. \r\n2. Carriage performed by State and  carriage of postal items.  ___ These rules do not apply \r\nto the carriage of postal packets performed under terms of any international Postal Convention or of \r\npostal packets as defined under any law for the time being in force in Pakistan regarding transport  of \r\nmail. \r\n \r\n \r\n \r\nPage 42 of 53 \r\n \r\nCHAPTER-II \r\nDOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE \r\nCARRIAGE OF PASSENGERS, BAGGAGE AND CARGO \r\n3. Passengers and baggage.  ___ (1) In respect of carriage of passengers, an individual or \r\ncollective document of carriage shall be delivered containing an indication of the places of departure \r\nand destination. \r\n(2) Any other means which preserves the information indicated in paragraph 1 may be \r\nsubstituted for the delivery of the document referred to in that paragraph. If any such other mea ns is \r\nused, the carrier shall offer to deliver to the passenger a written statement of the information so \r\npreserved. \r\n(3) The carrier shall deliver to the passenger a baggage identification tag for each piece of \r\nchecked baggage. \r\n(4) The passenger shall be g iven written notice to the effect that where this Schedule is \r\napplicable it governs and may limit the liability of carriers in respect of death or injury and for \r\ndestruction or loss of, or damage to, baggage, and for delay. \r\n(5) Non-compliance with the prov isions of the foregoing paragraphs shall not affect the \r\nexistence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules \r\nof this Schedule including those relating to limitation of liability. \r\n4. Cargo. ___ (1) In respect of the carriage of cargo, an airway bill shall be delivered. \r\n(2) Any other means which preserves a record of the carriage to be performed may be \r\nsubstituted for the delivery of an air way bill. If such other means are used, the carrier shall, if so \r\nrequested by the consignor, deliver to the consignor a cargo receipt permitting identification of the \r\nconsignment and access to the information contained in the record preserved by such other means. \r\n5. Contents of air way bill or cargo receipt.  ___ The airway bill or the cargo receipt shall \r\ninclude: \r\n(a) an indication of the places of departure and destination; and \r\n(b) an indication of the weight of the consignment. \r\n 6. Document relating to the nature of the cargo.  ___ The consignor may be required, if \r\nnecessary, to meet the formalities of customs, police and similar public authorities, to deliver a \r\ndocument indicating the nature of the cargo. This provision creates for the carrier no duty, obligation \r\nor liability resulting therefrom. \r\n7. Description of air way bill. ___ (1) The air way bill shall be made out by the consignor in \r\nthree original parts. \r\n(2) The first part shall be marked “for the carrier ”; it shall be signed by the consignor. The \r\nsecond part shall be marked “for the consignee ”; it shall be signed by the consignor and by the \r\n \r\nPage 43 of 53 \r\n \r\ncarrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo \r\nhas been accepted. \r\n(3) The signature of the carrier and that of the consignor may be printed or stamped. \r\n(4) If, at the request o f the consignor, the carrier makes out the air way bill, the carrier shall \r\nbe deemed, subject to proof to the contrary, to have done so on behalf of the consignor. \r\n8. Documentation for multiple packages. ___ When there is more than one package:  \r\n(a) the carrier of cargo has the right to require the consignor to make out separate \r\nairway bills; \r\n(b)  The consignor has the right to require the carrier to deliver separate cargo \r\nreceipts when the other means referred to in paragraph 2 of Rule 4 are used. \r\n9. Non -compliance with documentary requirements.  ___ Non-compliance with the \r\nprovisions of Rules 4 to 8 shall not affect the existence or the validity of the contract of carriage, \r\nwhich shall, nonetheless, be subject to the rules of this Convention including those relating to \r\nlimitation of liability. \r\n10. Responsibility for particulars of documentation.  ___ (1) The consignor is responsible \r\nfor the correctness of the particulars and statements relating to the cargo inserted by  it or on its \r\nbehalf in the air way bill or furnished by it or on its behalf to the carrier for insertion in the cargo \r\nreceipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Rule \r\n4. The foregoing shall also apply where the person acting on behalf of the co nsignor is also the agent \r\nof the carrier. \r\n(2) The consignor shall indemnify the carrier against all damage suffered by it, or by any \r\nother person to whom the carrier is liable, by reason of the irregularity, incorrectness or \r\nincompleteness of the particulars and statements furnished by the consignor or on its behalf \r\n(3) Subject to the provisions of paragraphs 1 and 2 of this Rule, the carrier shall indemnify \r\nthe consignor against all damage suffered by it, or by any other person to whom the consignor is \r\nliable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements \r\ninserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other \r\nmeans referred to in paragraph 2 of Rule 4. \r\n11. Evid entiary value of documentation.  ___ (1) The air way bill or the cargo receipt is \r\nprima facie  evidence of the conclusion of the contract, of the acceptance of the cargo and of the \r\nconditions of carriage mentioned therein. \r\n(2) Any statements in the air waybi ll or the cargo receipt relating to the weight, dimensions \r\nand packing of the cargo, as well as those relating to the number of packages, are prima facie  \r\nevidence of the facts stated; those relating to the quantity, volume and condition of the cargo do no t \r\nconstitute evidence against the carrier except so far as they both have been, and are stated in the air \r\nwaybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to \r\nthe apparent condition of the cargo. \r\n \r\nPage 44 of 53 \r\n \r\n12. Right of disposition of cargo. ___ (1) Subject to its liability to carry out all its obligations \r\nunder the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it \r\nat the airport of departure or destination, or by stopping it in the course of the journey on any \r\nlanding, or by calling for it to be delivered at the place of destination or in the course of the journey \r\nto a person other than -the consignee originally designated, or by requiring it to be returned to the \r\nairport of d eparture. The consignor must not exercise this right of disposition in such a way as to \r\nprejudice the carrier or other consignors and must reimburse any expenses occasioned by the \r\nexercise of this right. \r\n(2) If it is impossible to carry out the instructions of the consignor, the carrier must so inform \r\nthe consignor forthwith. \r\n(3) If the carrier carries out the instructions of the consignor for the disposition of the cargo \r\nwithout requiring the pr oduction of the part of the air way bill or the cargo receipt d elivered to the \r\nlatter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any \r\ndamage which may be caused thereby to any person who is lawfully in possession of that part of the \r\nair waybill or the cargo receipt. \r\n(4) The right conferred on the consignor ceases at the moment when that of the consignee \r\nbegins in accordance with Rule 13. Nevertheless, if the consignee declines to accept the cargo, or \r\ncannot be communicated with, the consignor resumes its right of disposition. \r\n13. Delivery of the cargo.  ___ (1) Except when the consignor has exercised its right under \r\nrule 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the \r\ncarrier to deliver the cargo to it, on payment of th e charges due and on complying with the \r\nconditions of carriage. \r\n(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as \r\nsoon as the cargo arrives. \r\n(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration \r\nof seven days after the date on which it ought to have arrived, the consignee is entitled to enforce \r\nagainst the carrier the rights which flow from the contract of carriage. \r\n14. Enforcement of the rights of consignor and c onsignee. ___ The consignor and the \r\nconsignee can respectively enforce all the rights given to them by Rules 12 and 13, each in its own \r\nname, whether it is acting in its own interest or in the interest of another, provided that it carries out \r\nthe obligations imposed by the contract of carriage. \r\n15. Relations of consignor and consignee or mutual relations of third Parties. ___ (1) \r\nRules 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each \r\nother or the mutual relations of third parties whose rights are derived either from the consignor or \r\nfrom the consignee. \r\n(2) The provisions of Rules 12, 13 and 14 can only be varied by express provision in the air \r\nwaybill or the cargo receipt. \r\n(3) Nothing in these rules prevents the issue of a negotiable, airway bill:  \r\n \r\nPage 45 of 53 \r\n \r\nProvided that an electronic airway bill shall be deemed to be a negotiable instrument as \r\ndefined in section 13 of the Negotiable Instruments Act, 1881 (XXVI of 1881) and may be dealt \r\nwith in any manner as a paper air way bill and the Electronic Transactions Ordinance 2002 sha ll \r\napply to such electronic air way bill notwithstanding section 31(1)(a) of the Electronic Transactions \r\nOrdinance 2002. \r\n16. Formalities of customs, police or other public authorities. ___ (1) the consignor must \r\nfurnish such information and such documents as are necessary to meet the formalities of customs, \r\noctroi or police and any other public authorities before the cargo can be delivered to the consignee. \r\nThe consignor is liable to the carrier for any da mage occasioned by the absence, insufficiency or \r\nirregularity of any such information or documents, unless the damage is due to the fault of the \r\ncarrier, its servants or agents. \r\n(2) The carrier is under no obligation to enquire into the correctness or suff iciency of such \r\ninformation or documents. \r\nCHAPTER III \r\nLIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGE \r\n 17. Death and injury of passengers ___damage to baggage.  ___ (1) The carrier is liable for \r\ndamage sustained in case of death or bodily inju ry of a passenger upon condition only that the \r\naccident which caused the death or injury took place on board the aircraft or in the course of any of \r\nthe operations of embarking or disembarking. \r\n(2) The carrier is liable for damage sustained in case of dest ruction or loss of, or of damage \r\nto, checked baggage upon condition only that the event which caused the destruction, loss or damage \r\ntook place on board the aircraft or during any period within which the checked baggage was in the \r\ncharge of the carrier. Ho wever, the carrier is not liable if and to the extent that the damage resulted \r\nfrom the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including \r\npersonal items, the carrier is liable if the damage resulted from its fault  or that of its servants or \r\nagents. \r\n(3) If the carrier admits the loss of the checked baggage, or if the checked baggage has not \r\narrived at the expiration of twenty -one days after the date on which it ought to have arrived, the \r\npassenger is entitled to enf orce against the carrier the rights which flow from the contract of \r\ncarriage. \r\n(4) Unless otherwise specified, in this Schedule the term “baggage” means both checked \r\nbaggage and unchecked baggage. \r\n18. Damage to cargo.  ___ (1) The carrier is liable for damag e sustained in the event of the \r\ndestruction or loss of, or damage to, cargo upon condition only that the event which caused the \r\ndamage so sustained took place during the carriage by air. \r\n(2) However, the carrier is not liable if and to the extent it proves  that the destruction, or loss \r\nof, or damage to, the cargo resulted from one or more of the following:  \r\n(a) inherent defect, quality or vice of that cargo; \r\n \r\nPage 46 of 53 \r\n \r\n(b) defective packing of that cargo performed by a person other than the carrier or \r\nits servants or agents; \r\n (c) an act of war or an armed conflict; \r\n(d) an act of public authority carried out in connection with the entry, exit  or \r\ntransit of the cargo. \r\n  (3) The carriage by air within the meaning of paragraph 1 of this Rule comprises the period \r\nduring which the cargo is in the charge of the carrier. \r\n(4) The period of the carriage by air does not extend to any carriage by land, by sea or by \r\ninland waterway performed outside an airport. If, however, such carriage takes place in the \r\nperformance of a contract for carriage by air, for the loading, delivery or transshipment, any damage \r\nis presumed, subject to proof to the contrary, to have been the result of an event which took place \r\nduring the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by \r\nanother mode of transport for the whole or part of a carriage intended by the agreement between the \r\nparties to be carriage by air, such carriage by another mode of transport is deemed to be within the \r\nperiod of carriage by air. \r\n19. Delay. ___ The carrier is liable for damage occasioned by delay in the carriage by air of \r\npassengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by \r\ndelay if it proves that it and its servants and agents took all m easures that could reasonably be \r\nrequired to avoid the damage or that it was impossible for it or them to take such measures. \r\n20. Exoneration. ___ If the carrier proves that the damage was caused or contributed to by the \r\nnegligence or other wrongful act or  omission of the person claiming compensation, or the person \r\nfrom whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from \r\nits liability to the claimant to the extent that such negligence or wrongful act or omission c aused or \r\ncontributed to the damage. When by reason of death or injury of a passenger compensation is \r\nclaimed by a person other than the passenger, the carrier shall likewise be wholly or partly - \r\nexonerated from its liability to the extent that it proves th at the damage was caused or contributed to \r\nby the negligence or other wrongful act or omission of that passenger. This Rule applies to all the \r\nliability provisions in this Schedule, including paragraph 1 of Rule 21. \r\n1[21. Compensation in case of death or injury. ___ (1) For damages arising under paragraph \r\n(l) of rule 1 7 not exceeding  Rs. 20,000,000/ - for each passenger, the carrier shall not be able to \r\nexclude or limit its liability. \r\n(2) The carrier shall not be liable for dama ges arising under paragraph (1 ) of rule 1 7 to the \r\nextent that they exceed for each passenger Rs. 20,000,000/- if it is proved that: \r\n(a)  such damage was not due to the negligence or other wrongful act  or omission \r\nof the carrier or its servants or agents; or  \r\n(b)  such damage was solely  due to the negligence or other wrongful a ct or \r\nomission of a third party] \r\n1Subs.  by Act No. XL of 2026, s. 9. \r\n \r\nPage 47 of 53 \r\n \r\n(2) The carrier shall not be liable for damages arising under paragraph (1) of Rule 17 to the \r\nextent that they exceed for each passenger Rs. 50,00,000/- if it is proved that: \r\n(a)  such damage was not due to the gross negligence, intent to cause damage, \r\nwillful misconduct or omission of the carrier or its servants or agents; or \r\n(b) such damage was solely due to the gross negligence, intent to cause  damage, \r\nwillful misconduct or omission of a third party. \r\n22. Limits of liability in relation to delay, baggage and cargo.  ___ (1) The carrier is liable \r\nfor damage occasioned by delay in the carriage by air of passengers, baggage or cargo to the extent \r\nof the amount of any such damage which may be proved to have been sustained by reason of such \r\ndelay or of an amount representing double the sum paid for the carriage, whichever amount may be \r\nsmaller: \r\nProvided that the carrier may, in special circumstances, by  special and separate contract in \r\nwriting expressly by drawing specific and highly conspicuous attention to such a clause exclude, \r\nincrease or decrease the limit of his liability as above provided. \r\n(2) In the carriage of baggage, the liability of the carri er in the case of destruction, los s, or \r\ndamage is limited to Rs. 1[5000] per kilogramme for each passenger unless the passenger has made, \r\nat the time when the checked baggage was handed over to the carrier, a special declaration of interest \r\nin delivery at destination and has paid a supplementary sum if the case so requires. In that case the \r\ncarrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is \r\ngreater than the passenger’s actual interest in delivery at destination. \r\n(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, or \r\ndamage is limited to a sum of Rs. 1[5000] per kilogramme, unless the consignor has made, at the \r\ntime when the package was handed over to the carrier, a spe cial declaration of interest in delivery at \r\ndestination and has paid a supplementary sum if the case so requires. In that case the carrier will be \r\nliable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the \r\nconsignor’s actual interest in delivery at destination. \r\n(4) In the case of destruction, loss, or damage of part of the cargo, or of any object contained \r\ntherein, the weight to be taken into consideration in determining the amount to which the carrier ’s \r\nliability is limited, shall be only the total weight of the package or packages concerned. \r\nNevertheless, when the destruction, loss, or damage of a part of the cargo, or of an object contained \r\ntherein, affects the value of other packages covered by the same airway bill, or the same receipt or, if \r\nthey were not issued, by the same record preserved by the other means referred to in paragraph 2 of \r\nRule 4, the total weight of such package or packages shall also be taken into consideration in \r\ndetermining the limit of liability. \r\n(5) The foregoing provisions of paragraphs 1 and 2 of this Rule shall not apply if it is proved \r\nthat the damage resulted from an act or omission of the carrier, its servants or agents, done as a result \r\nof gross negligence, willful misconduct or with intent to cause damage: \r\n \r\n1Subs. by Act No. XL of 2026, s. 9. \r\n \r\nPage 48 of 53 \r\n \r\nProvided that, in the case of such act or omission of a servant or agent, it is also proved that \r\nsuch servant or agent was acting within the scope of its employment. \r\n(6) The limits prescribed in  Rule 21 and in this Rule shall not prevent the court from \r\nawarding in addition, the whole or part of the court costs and of the other expenses of the litigation \r\nincurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of \r\nthe damages awarded, excluding court costs and other expenses of the litigation, does not exceed the \r\nsum which the carrier has offered in writing to the plaintiff within a period of twelve months from \r\nthe date of the occurrence causing the damage , or before the commencement of the action, \r\nwhichever is later. \r\n23. Review of limits.  ___ Without prejudice to the provisions of Rule 24 of this Schedule the \r\nlimits of liability prescribed in Rules 21 and 22 shall be reviewed by the Federal Government as \r\nprovided 1[sub-section (3) of section 5 of this Act]. \r\n24. Stipulation on limits.  ___ A carrier may stipulate that the contract of carriage shall be \r\nsubject to higher limits of liability than those provided for in this Schedule or to no limits of liability \r\nwhatsoever. \r\n25. Invalidity of contractual provisions.  ___ Any provision tending to relieve the carrier of \r\nliability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, \r\nbut the nullity of any such provision does not involve the nullity of the whole contract, which shall \r\nremain subject to the provisions of this Schedule. \r\n26. Freedom to contract.  ___ Nothing contained in this Schedule shall prevent the carrier \r\nfrom refusing to enter into any contract of carriage, from w aiving any defences available under the \r\nSchedule, or from laying down conditions which do not conflict with the provisions of this Schedule. \r\n1[27. Advance payments. ___(1) In case of aircraft accident resulting in death  of a passenger, \r\nthe carrier shall, within thirty days from the date of submission of succession certificate , make \r\nfull advance payment under rule 21 to a natural person or persons who is or are entitled to claim \r\ncompensation.  \r\n(2) In case of aircraft accident resulting in injury of a passeng er, the carrier shall, in \r\naccordance with the annual general or special direction of the Pakistan Civil Aviation Authority, \r\nmake advance payments without delay to a natural person or persons who is or are entitled to claim \r\ncompensation in order to meet the immediate economic needs of such person or persons.  \r\n(3) Any advance payment under this rule shall not constitute recognition of liability and may \r\nbe offset against any amounts subsequently paid as damages by the carrier.] \r\n28. Basis of claims.  ___ In the carriage of passengers, baggage and cargo, any action for \r\ndamages, however founded, whether under this Schedule or in contract or in tort or otherwise, can \r\nonly be brought subject to the conditions and such limits of liability as are set out in this Schedu le \r\nwithout prejudice to the question as to who are the persons who have the right to bring suit and what \r\nare their respective rights. In any such action, punitive, exemplary or any other non -compensatory \r\ndamages shall not be recoverable. \r\n1Subs.  by Act No. XL of 2026, s. 9. \r\n \r\nPage 49 of 53 \r\n \r\n29. Servants, agents - aggregation of claims. ___ (1) If an action is brought against a servant \r\nor agent of the carrier arising out of damage to which the Schedule relates, such servant or agent, if \r\nthey prove that they acted within the scope of their employment, shall be entitled to avail themselves \r\nof the conditions and limits of liability which the carrier itself is entitled to invoke under this \r\nSchedule. \r\n(2) The aggregate of the amounts recoverable from the carrier, its servants and a gents, in that \r\ncase, shall not exceed the said limits. \r\n1[(3) Save in respect of the carriage of cargo, the provisions of pa ragraphs (1) and (2) of this \r\nrule shall not apply if it is proved that the damage resulted from an act or omission of the servant or \r\nagent of the carrier done with intent to cause damage or recklessly and with knowledge that damage \r\nwould probably result.] \r\n30. Timely notice of complaints. ___ (1) Receipt by the person entitled to delivery of checked \r\nbaggage or cargo without complaint is prima facie  evidence that the same has been delivered in \r\ngood condition and in accordance with the document of carriage or with the record preserved by the \r\nother means referred to in paragraph 2 of Rule 3 and paragraph 2 of Rule 4. \r\n(2) In the case of dama ge, the person entitled to delivery must complain to the carrier \r\nforthwith after the discovery of the damage, and, at the latest, within three days from the date of \r\nreceipt in the case of checked baggage and seven days from the date of receipt in the case of cargo. \r\nIn the case of delay, the complaint must be made at the latest within fourteen days from the date on \r\nwhich the baggage or cargo have been placed at his or her disposal. \r\n(3) Every complaint must be made in writing and given or dispatched within th e times \r\naforesaid. \r\n(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, \r\nsave in the case of fraud on its part. \r\n31. Death of person liable.  ___ In the case of the death of the person liable, an action for \r\ndamages lies in accordance with the terms of this Schedule against those legally representing his or \r\nher estate. \r\n32. Arbitration.  ___(1) Subject to the provisions of this Rule, the parties to the contract of \r\ncarriage for cargo may stipulate that any dispute relati ng to the liability of the carrier under this \r\nSchedule shall be settled by arbitration. Such agreement shall be in writing. \r\n(2) The arbitrator or arbitration tribunal shall apply the provisions of this Schedule. \r\n(3) The provisions of paragraph 2 of this Ru le shall be deemed to be part of every arbitration \r\nclause or agreement, and any term of such clause or agreement which is inconsistent therewith shall \r\nbe null and void. \r\n \r\n1Subs.  by Act No. XL of 2026, s. 9. \r\n \r\n \r\nPage 50 of 53 \r\n \r\n33. Limitation of actions.  ___ The right to dama ges shall be extinguished if an action is not \r\nbrought within a period of two years, reckoned from the date of arrival at the destination, or from the \r\ndate on which the aircraft ought to have arrived, or from the date on which the carriage stopped. \r\n34. Successive carriage. ___ (1) In the case of carriage to be performed by various successive \r\ncarriers, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this \r\nSchedule and is deemed to be one of the parties to the contract  of carriage in so far as the contract \r\ndeals with that part of the carriage which is performed under its supervision. \r\n(2) In the case of carriage of this nature, the passenger or any person entitled to compensation \r\nin respect of him or her can take action only against the carrier which performed the carriage during \r\nwhich the accident or the delay occurred, save in the case where, by express agreement, the first \r\ncarrier has assumed liability for the whole journey. \r\n(3) As regards baggage or cargo, the passeng er or consignor will have a right of action \r\nagainst the first carrier, and the passenger or consignee who is entitled to delivery will have a right \r\nof action against the last carrier, and further, each may take action against the carrier which \r\nperformed th e carriage during which the destruction, loss, damage or delay took place. These \r\ncarriers will be jointly and severally liable to the passenger or to the consignor or consignee. \r\n35. Right of recourse against third parties.  ___ Nothing in this Schedule shal l prejudice the \r\nquestion whether a person liable for damage in accordance with its provisions has a right of recourse \r\nagainst any other person. \r\nCHAPTER-IV \r\nCOMBINED CARRIAGE \r\n36. Combined carriage. ___ (1) In the case of combined carriage performed partly by  air and \r\npartly by any other mode of carriage, the provisions of this Schedule shall, subject to paragraph 4 of \r\nRule 18, apply only to the carriage by air.  (2) Nothing in this Schedule shall prevent the parties in \r\nthe case of combined carriage from inserti ng in the document of air carriage conditions relating to \r\nother modes of carriage, provided that the provisions of this Schedule are observed as regards the \r\ncarriage by air. \r\nCHAPTER-V \r\nCARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE \r\nCONTRACTING CARRIER \r\n37. Contracting carrier - actual carrier.  ___ The provisions of this Chapter apply when a \r\nperson (hereinafter referred to as “the contracting carrier ”) as a principal makes a contract of \r\ncarriage governed by this Schedule with a passenger or consignor or with a person acting on behalf \r\nof the passenger or consignor, and another person (hereinafter referred to as “the actual carrier ”) \r\nperforms, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is \r\nnot with respect to such part a successive carrier within the meaning of this Schedule. Such authority \r\nshall be presumed in the absence of proof to the contrary. \r\n38. Respective liability of contracting and actual carriers. ⸻ If an actual carrier performs \r\nthe whole or part of c arriage which, according to the contract referred to in Rule 37, is governed by \r\n \r\nPage 51 of 53 \r\n \r\nthis Schedule, both the contracting carrier and the actual carrier shall, except as otherwise provided \r\nin this Chapter, be subject to the rules of this Schedule, the former for  the whole of the carriage \r\ncontemplated in the contract, the latter solely for the carriage which it performs. \r\n39. Mutual liability.  ___(1) The acts and omissions of the actual carrier and of its servants \r\nand agents acting within the scope of their employm ent shall, in relation to the carriage performed \r\nby the actual carrier, be deemed to be also those of the contracting carrier. \r\n(2) The acts and omissions of the contracting carrier and of its servants and agents acting \r\nwithin the scope of their employment shall, in relation to the carriage performed by the actual \r\ncarrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall \r\nsubject the actual carrier to liability exceeding the amounts referred to in Rules 21, 22, and  23. Any \r\nspecial agreement under which the contracting carrier assumes obligations not imposed by this \r\nSchedule or any waiver of rights or defences conferred by this Schedule or any special declaration of \r\ninterest in delivery at destination contemplated in  Rule 22 shall not affect the actual carrier unless \r\nagreed to by it. \r\n 40. Addressee of complaints and instructions.  ___ Any complaint to be made or instruction \r\nto be given under this Schedule to the carrier shall have the same effect whether addressed to t he \r\ncontracting carrier or to the actual carrier. Nevertheless, instructions referred to in Rule 12 shall only \r\nbe effective if addressed to the contracting carrier. \r\n41. Servants and agents.  ___ In relation to the carriage performed by the actual carrier, an y \r\nservant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within \r\nthe scope of their employment, be entitled to avail themselves of the conditions and limits of liability \r\nwhich are applicable under this Schedule t o the carrier whose servant or agent they are, unless it is \r\nproved that they acted in a manner that prevents the limits of liability from being invoked in \r\naccordance with this Schedule. \r\n42. Aggregation of damages.  ___ In relation to the carriage performed by the actual carrier, \r\nthe aggregate of the amounts recoverable from that , carrier and the contracting carrier, and from \r\ntheir servants and agents acting within the scope of their employment, shall not exceed the highest \r\namount which could be awarded again st either the contracting carrier or the actual carrier under this \r\nSchedule, but none of the persons mentioned shall be liable for a sum in excess of the limit \r\napplicable to that person. \r\n43. Addressee of claims.  ___ In relation to the carriage performed by  the actual carrier, an \r\naction for damages may be brought,  at the option of the plaintiff;  against that carrier or the \r\ncontracting carrier, or against both together or separately. If the action is brought against only one of \r\nthose carriers, that carrier sh all have the right to require the other carrier to be joined in the \r\nproceedings. \r\n44. Invalidity of contractual provisions. ___ Any contractual provision tending to relieve the \r\ncontracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that \r\nwhich is applicable according to this Chapter shall be null and void, but the nullity of any such \r\nprovision does not involve the nullity of the whole contract, which shall remain subject to the \r\nprovisions of this Chapter. \r\n \r\nPage 52 of 53 \r\n \r\n45. Mutual relations of contracting and actual carriers.  ___ Except as provided in Rule 42, \r\nnothing in this Chapter shall affect the rights and obligations of the carriers between themselves, \r\nincluding any right of recourse or indemnification. \r\nCHAPTER-VI \r\nOTHER PROVISIONS \r\n46. Mandatory application. ___Any clause contained in the contract of carriage and all \r\nspecial agreements entered into before the damage occurred by which the parties purport to infringe \r\nthe rules laid down by this Schedule, whether by deciding th e law to be applied, or by altering the \r\nrules as to jurisdiction, shall be null and void. \r\n47. Carriage performed in extraordinary circumstances.  ___The provisions of Rules 3 to \r\n5, 7 and 8 relating to the documentation of carriage shall not apply in the cas e of carriage performed \r\nin extraordinary circumstances outside the normal scope of a carrier’s business. \r\n48. Definition of days. ___The expression “days” when used in this Schedule means calendar \r\ndays, not working days. \r\n49. Insurance.  ___(1) The carrier sh all maintain adequate insurance covering all possible \r\nliability under this Schedule. A carrier may be required by the Federal Government to furnish \r\nevidence that it maintains adequate insurance covering its liability under this Schedule. \r\n(2) The carrier sh all comply with rules that may be notified through publication in the \r\nOfficial Gazette by the Federal Government regarding the obligation of the carrier to maintain \r\nadequate insurance coverage. \r\n \r\nTHE SIXTH SCHEDULE \r\n \r\n[See sections 3(5) and 5(4)] \r\n \r\nPROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A \r\nPASSENGER \r\n \r\n1. The liability shall be enforceable for the benefit of such of the members of the passenger ’s \r\nfamily as sustained damage by reason of his death. \r\n \r\nIn this rule the expression “member of a family” means wife or husband, parent, step-parent, \r\ngrandparent, brother, sister, half-brother, half-sister, child, stepchild, grandchild: \r\n \r\nProvided that, in deducing any Such relationship as aforesaid any illegitimate person and any \r\nadopted person shal l be treated as being, or as having been, the legitimate child of his mother and \r\nreputed father or, as the case may be. \r\n \r\n2. An action to enforce the liability may  be brought by the  personal representative of the \r\npassenger or by  any person for whose benefit  the liability is under the  last preceding rule \r\nenforceable, but only one action shall be brought  in Pakistan in respect of the death of any one \r\npassenger, and every such action by whosoever brought shall be for the benefit of all such persons so \r\n \r\nPage 53 of 53 \r\n \r\nentitled as aforesaid as either are domiciled in Pakistan, or, not being domiciled there, express a \r\ndesire to take the benefit of the action. \r\n \r\n3. Subject to the provisions of the next succeeding rule the amount recovered in any  such \r\naction, after deducting any  costs not recovered from the defendant, shall be  divided between the  \r\npersons entitled in such proportions as the Court may direct. \r\n \r\n4. The Court before which any such action is brought may at any stage of the proceedings \r\nmake any such order as appears to the C ourt to be just and equitable in view of, as the case may be, \r\nthe provisions of the First, Second, Third, Fourth and Fifth Schedules to this Bill limiting the liability \r\nof a carrier and of any proceedings which have been, or are likely to be, commenced outside Pakistan \r\nin respect of the death of the passenger in question. \r\n \r\n5. (1) Any person competent to bring an action under rule 2 of this Schedule may,  instead of \r\nbringing such action, apply to the carrier to make  payment of the amount which could have been  \r\nrecovered in any such action to the members of the passenger ’s family mentioned in the certificate \r\ngranted under rule 6 to be divided between them in the proportions set out in the certificate \r\n(2) Where an application under sub -rule (1) is not accompanied  by a certificate under rule 6, the \r\ncanier shall advise the applicant to obtain such certificate. \r\n \r\n1[6. (1) Any person competent to bring an action under rule 2 may apply for the succession \r\ncertificate under the Succession Act, 1925 (XXXIX of 1925) following the death of the passenger for \r\nthe grants of a certificate to the effect that only the persons named therein are the members of the \r\npassenger’s family for whose benefit the liability is enforceable under rule 1. \r\n \r\n (2) A certificate under sub -rule (1) shall set out the proportion in which each member \r\nmentioned therein shall receive the amount recoverable; and the proportion shall be such as may be \r\nagreed upon amongst the members or, in the absence of such agreement, as may be determined in the \r\ncertificate.] \r\n \r\n7. 1[*    * * * * * *] \r\n \r\n8. Payment made by the carrier in accordance with the certificate shall give him full and final \r\ndischarge from his liability. \r\n \r\n________________ \r\n \r\n \r\n \r\n \r\n1Subs. and omitted by Act No. XL of 2026, s. 10. \r\n         RGN Dated: 07-07-2026",
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