The Carriage by Air (International Convention) Act, 1966

THE CARRIAGE BY AIR (INTERNATIONAL

CONVENTION) ACT, 1966

1[ACT NO. IX OF 1966]

An Act to give effect in Pakistan to the Convention concerning

international carriage by air known as “the Warsaw

Convention as amended at The Hague, 1955″.

WHEREAS it is expedient to give effect in Pakistan to the Convention
concerning international carriage by air known as “the Warsaw Convention
as amended at The Hague, 1955″, and to enable the rules contained
in that Convention to be applied, subject to exceptions, adaptations and
modifications, to carriage by air in Pakistan which is not international
carriage within the meaning of the Convention, and to provide for matters
connected herewith;

It is hereby enacted as follows:-

1. Short title extent and commencement.- (1)This Act may be called the
Carriage by Air (International Convention) Act, 1966.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once and shall be deemed to have taken
effect on the first day of August, 1963.

2. Application of the Warsaw Convention, as amended, to Pakistan. (1)
The rules contained in the First Schedule, being the provisions of the
Convention for the unification of certain rules relating to international
carriage by air known as “the Warsaw Convention as amended at The
Hague, 1955″, hereinafter referred to as the Convention, shall, subject
to the provisions of this Act, have the force of law in Pakistan in relation
to any carriage by air to which those rules apply, irrespective of the
nationality of the aircraft performing the carriage.

(2) The Central Government may, by notification in the official Gazette,
certify who are the High Contracting Parties to the Convention in respect
of what territories they are parties, and to what extent they have availed
themselves of the Additional Protocol to the Convention, and any such
notification shall be conclusive evidence of the matters certified therein.

(3) Notwithstanding anything contained in the Fatal Accidents Act, 1855,
or any other law for the time being in force, the rules contained in the
First Schedule shall, in all cases to which those rules apply, determine
the liability of a carrier in respect of the death of a passenger, and
the rules contained in the Second Schedule shall determine the persons
by whom and for whose benefit and the manner in which such liability may
be enforced.

(4) Any sum in francs mentioned in rule 22 of the First Schedule shall,
for the purpose of any action against a carrier, be converted into rupees
at the rate of exchange prevailing on the date on which the amount of
damages to be paid by the carrier is ascertained by the Court.

(5) Any reference in the First Schedule-

(a) to the territory of any High Contracting Party to the Convention
shall be Construed as a reference to all the territories in respect of
which he is a party; and

(b) to agents of the carrier shall be construed as including a reference
to servants of the carrier.

3. Provisions regarding suits against High Contracting Parties who undertake
carriage by air.- (1) Every High Contracting Party to the Convention who
has not availed himself of the provisions of the Additional Protocol thereto
shall, for the purposes of any suit brought in a Court in Pakistan in
accordance with the provisions of rule 28 of the First Schedule to enforce
a claim in respect of carriage undertaken by him, be deemed to have submitted
to the jurisdiction of that Court and to be a person for the purposes
of the Code of Civil Procedure, 1908.

(2) The High Court may make rules of procedure providing for all matters
which may be expedient to enable such suits to be instituted and carried
on.

(3) Nothing in this section shall authorize any Court to attach or sell
any property of a High Contracting Party to the Convention.

4. Application of Act to carriage by air which is not international.
The Central Government may, by notification in the official Gazette, apply
the rules contained in the First Schedule and any provision of section
2 to such carriage by air, not being international carriage by air as
defined in the First Schedule, as may be specified in the notification,
subject, however, to such exceptions, adaptations and modifications, if
any, as may be so specified.

5. Repeal, etc. -The Carriage by Air Act, 1934, shall,-

(a) in so far as it relates to carriage by air to which the rules contained
in the First Schedule to this Act may, for the time being, apply, stand
repealed; and

(b) to the extent it has not been so repealed, have effect subject to
the modification that for the provisions of the Second Schedule to that
Act the provisions of the Second Schedule to this Act shall be substituted.

FIRST SCHEDULE

(See section 2)

RULES

CHAPTER 1 – Scope – Definitions

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

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

(3) For the purposes of these rules the expression “International
carnage” means any carriage in which, according to the agreement
between the parties, the place of departure and the place of destination,
whether or not there be a break in the carriage or a transhipment, are
situated either within the territories of two High Contracting Parties
or within the territory of a single High Contracting Party if there is
an agreed stopping place within the territory of another State, even if
that State is not a High Contracting Party. Carriage between two points
within the territory of a single High Contracting Party without an agreed
stopping place within the territory of another State is not international
carriage for the purposes of these rules.

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

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

(2) These rules shall not apply to carriage of mail and postal packages.

CHAPTER II. Documents of CarriagePART I.- Passenger ticket

3.- (1) In respect of the carriage of passengers a ticket shall be delivered
containing:

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

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

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

(2) The passenger ticket shall constitute prima facie evidence of the
conclusion and conditions of the contract of carriage. The absence, irregularity
or loss of the passenger ticket does not affect the existence or the validity
of the contract of carriage which shall, none the less, be subject to
these rules. Nevertheless, if, with the consent of the carrier, the passenger
embarks without a passenger ticket having been delivered, or if the ticket
does not include the notice required by sub-rule 1(c) of this rule, the
carrier shall not be entitled to avail himself of the provisions of rule
22.

PART II. – Baggage check

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

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

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

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

(2) The baggage check shall constitute prima facie evidence of the registration
of the baggage and of the conditions of the contract of carriage. The
absence, irregularity or loss of the baggage check does not affect the
existence or the validity of the contract of carriage which shall, none
the less, be subject to these rules. Nevertheless, if the carrier takes
charge of baggage without a baggage check having been delivered or if
the baggage check, unless combined with or incorporated in the passenger
ticket which complies with the provisions of rule 3, sub-rule 1(c), does
not include the notice required by, sub-rule 1 (c) of this rule, he shall
not be entitled to avail himself of the provisions of rule 22, sub-rule
(2).

PART III. Air Waybill

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

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

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

(2) The first part shall be marked “for the carrier,” and
shall be signed by the consignor. The second part shall be marked “for
the consignee;” it shall be signed by the consignor and by the carrier
and shall accompany the goods. The third part shall be signed by the carrier
and handed by him to the consignor after the goods have been accepted.

(3) The carrier shall sign prior to the loading of the goods on board
the aircraft.

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

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

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

8. The air waybill shall contain:

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

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

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

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

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

(2) The consignor shall indemnify the carrier against all damage suffered
by him, or by any other person to whom the carrier is liable, by reason
of the irregularity, incorrectness or incompleteness of the particulars
and statements furnished by the consignor.

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

(2) The statements in the air waybill relating to the weight, dimensions
and packing of the goods, as well as those relating to the number of packages,
are prima facie evidence of the facts stated; those relating to the quantity,
volume and condition of the goods do not constitute evidence against the
carrier except so far as they both have been, and are stated in the air
waybill to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the goods.

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

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

(3) If the carrier obeys the orders of the consignor for the disposition
of the goods without requiring the production of the part of the air waybill
delivered to the latter, he will be liable, without prejudice to his right
of recovery from the consignor, for any damage which may be caused thereby
to any person who is lawfully in possession of that part of the air waybill.

(4) The right conferred on the consignor ceases at the moment when that
of the consignee begins in accordance with rule 13. Nevertheless, if the
consignee declines to accept the air waybill or the goods, or if he cannot
be communicated with, the consignor resumes his right of disposition.

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

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

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

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

15.-(1) Rules 12, 13 and 14 do not affect either the relations of the
consignor or the consignee with each other or the mutual relations of
third parties whose rights are derived either from the consignor or from
the consignee.

(2) The provisions of rules 12, 13 and 14 can only be varied by express
provision in the air waybill.

(3) Nothing in these rules prevents the issue of a negotiable air waybill.

16.-(1) The consignor must furnish such information and attach to the
air waybill such documents as are necessary to meet the formalities of
customs, octroi or police before the goods can be delivered to the consignee.
The consignor is liable to the carrier for any damage occasioned by the
absence, insufficiency or irregularity of any such information or documents,
unless the damage is due to the fault of the carrier or his agents.

(2) The carrier is under no obligation to enquire into the correctness
or sufficiency of such information or documents.

CHAPTER III.-Liability of the Carrier

17.-The carrier is liable for damage sustained in the event of the death
or wounding of a passenger or any other bodily injury suffered by a passenger,
if the accident which caused the damage so sustained took place on board
the aircraft or in the course of any of the operations of embarking or
disembarking.

18.-(1) The carrier is liable for damage sustained in the event of the
destruction or lose of or of damage to, any registered luggage or any
goods, if the occurrence which caused the damage so sustained took place
during the carrier by air.

(2) The carriage by air within the meaning of the preceding sub-rule
comprises the period during which the luggage or goods are in charge of
the carrier, whether in an aerodrome or on board an aircraft, or, in the
case of a landing outside an aerodrome, in any place whatsoever.

(3) The period of the carriage by air does not extend to any carriage
by land, by sea or by river performed outside an aerodrome. If, however,
such a carriage takes place in the performance of a contract for carriage
by air, for the purpose of loading, delivery or transhipment, any damage
is presumed, subject to proof to the contrary, to have been the result
of an event which took place during the carriage by air.

19. The carrier is liable for damage occasioned by delay in the carriage
by air of passengers, luggage or goods.

20. The carrier is not liable if he proves that he and his servants
or agents have taken all necessary measures to avoid the damage or that
it was impossible for him or them to take such measures.

21. If the carrier proves that the damage was caused by or contributed
to by the negligence of the injured person the Court may exonerate the
carrier wholly or partly from his liability.

22.-(1) In the carriage of persons the liability of the carrier for
each passenger is limited to the sum of two hundred and fifty thousand
francs wherein accordance with the law of the Court seized of the case,
damages may be awarded in the form of periodical payments, the equivalent
capital value of the said payments shall not exceed two hundred and fifty
thousand francs. Nevertheless, by special contract, the carrier and the
passenger may agree to a higher limit of liability.

(2) (a) In the carriage of registered baggage and of goods, the liability
of the carrier is limited to a sum of two hundred and fifty francs per
kilogramme, unless the passenger or consignor has made, at the time when
the package was handed over to the carrier, a special declaration of interest
in delivery at destination and has paid a supplementary sum if the case
so requires. In that case the carrier will be liable to pay a sum not
exceeding the declared sum, unless he proves that the sum is greater than
the passenger’s or consignor’s actual interest in delivery at destination.

(b) In the case of loss, damage or delay of part of registered baggage
or goods, or of any object contained therein, the weight to be taken into
consideration in determining the amount to which the carrier’s liability
is limited shall be only that total weight of the package or packages
concerned. Nevertheless, when the loss, damage or delay of a part of the
registered baggage or goods, or of an object contained therein, affects
the value of other packages covered by the same baggage check or the same
air waybill, the total weight of such package or packages shall also be
taken into consideration in determining the limit of liability.

(3) As regards objects of which the passenger takes charge himself the
liability of the carrier is limited to five thousand francs per passenger.

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

(5) The sums mentioned in francs in this rule shall be deemed to refer
to a currency unit consisting of sixty-five and a half milligrammes of
gold of millesimal fineness nine hundred. These sums may be converted
into national currencies in round figures. Conversion of the sums into
national currencies other than gold shall, in case of judicial proceedings,
be made according to the gold value of such currencies at the date of
the judgment

23.- (1) Any provision tending to relieve the carrier of liability or
to fix a lower limit than that which is laid down in these rules shall
be null and void, but the nullity of any such provision does not involve
the nullity of the whole contract, which shall remain subject to the provisions
of this Schedule.

(2) Sub-rule (l) of this rule shall not apply to provisions governing
loss or damage resulting from the inherent defect, quality or vice of
the goods carried.

24. -(1) In the cases covered by rules 18 and l9 any action for damages,
however founded, can only be brought subject to the conditions and limits
set out in this Schedule.

(2) In the cases covered by rule 17 the provisions of sub-rule (1) also
apply without prejudice to the questions as to who are the persons who
have the right to bring suit and what are their respective rights.

25. The limits of liability specified in rule 22 shall not apply if
it is proved that the damage resulted from an act or omission of the carrier,
his servants or agents, done with intent to cause damage or recklessly
and with knowledge that damage would probably result; provided that, in
the case of such act or omission of a servant or agent it is also proved
that he was acting within the scope of his employment.

25A.-(1) If an action is brought against a servant or agent of the carrier
arising out of damage to which these rules relate, such servant or agent,
if he proves that he acted within the scope of his employment, shall be
entitled to avail himself of the limits of liability which that carrier
himself is entitled to invoke under rule 22.

(2) The aggregate of the amounts recoverable from the carrier, his servants
and agents, in that case, shall not exceed the said limits.

(3) The provisions of sub-rules (1) and (2) of this rule shall not apply
if it is proved that the damage resulted from an act or omission of the
servant or agent done with intent to cause damage or recklessly and with
knowledge that damage would probably result.

26.- (1) Receipt by the person entitled to delivery of luggage or goods
without complaint is prima facie evidence that the same have been delivered
in good condition and in accordance with the document of carriage.

(2) In the case of damage, the person entitled to delivery must complain
to the carrier forthwith after the discovery of the damage, and, the latest,
within seven days from the date of receipt in the case of baggage and
fourteen days from the date of receipt in the case of goods. In the case
of delay the complaint must be made at the latest within twenty-one days
from the date on which the baggage or goods have been placed at his disposal.

(3) Every complaint must be made in writing upon the document of carriage
or by separate notice in writing dispatched within the times aforesaid.

(4) Failing complaint within the times aforesaid, no action shall lie
against the carrier, save in the case of fraud on his part.

27. In the case of the death of the person liable, an action for damages
lies in accordance with these rules against those legally representing
his estate.

28. An action for damages must be brought at the option of the plaintiff,
either before the Court having jurisdiction where the carrier is ordinarily
resident, or has his principal place of business, or has an establishment
by which the contract has been made or before the Court having jurisdiction
at the place of destination.

29. The right of damages shall be extinguished if an action is not brought
within two years, reckoned from the date of arrival at the destination
or from the date on which the aircraft ought to have arrived, or from
the date on which the carriage stopped.

30.-(1) In the case of carriage to be performed by various successive
carriers and falling within the definition set out in sub-rule (4) of
rule 1, each carrier who accepts passengers, baggage or goods in subjected
to the rules set out in this Schedule, and is deemed to be one of the
contracting parties to the contract of carriage in so far as the contract
deals with that part of the carriage which is performed under his supervision.

(2) In the case of carriage of this nature, the passenger or his representative
can take action only against the carrier who performed the carriage during
which the accident or the delay occurred, save in the case where, by express
agreement, the first carrier has assumed liability for the whole journey.

(3) As regards baggage or goods, the passenger or consignor will have
a right of action against the first carrier, and the passenger or consignee
who is entitled to delivery will have a right of action against the last
carrier, and further, each may take action against the carrier who performed
the carriage during which the destruction, loss, damage or delay took
place. These carriers will be jointly and severally liable to the passenger
or to the consignor or consignee.

CHAPTER IV

Provisions relating to combined carriage

31.-(1) In the case of combined carriage performed partly by air and
partly by any other mode of carriage, the provisions of this Schedule
apply only to the. carriage by air, provided that the carriage by air
falls within the terms of rule 1.

(2) Nothing in this Schedule shall prevent the parties in the case of
combined carriage from inserting in the document of air carriage, conditions
relating to other mode of carriage provided that the provisions of this
Schedule are observed as regards the carriage by air.

CHAPTER V

General and final provisions

32. Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by this Schedule, whether by deciding the
law to be applied, or by altering the rules as to jurisdiction, shall
be null and void. Nevertheless for the carriage of goods arbitration clauses
are allowed, subject to these rules, if the arbitration is to take place
in the territory of one of the High Contracting Parties within one of
the jurisdictions referred to in rule 28.

33. Nothing contained in this Schedule shall prevent the carrier either
from refusing to enter into any contract of carriage, or from making regulations
which do not conflict with the provisions of this Schedule.

34. The provisions of rules 3 to 9 inclusive relating to documents of
carriage shall not apply in the case of carriage performed in extraordinary
circumstances outside the normal scope of an air carrier’s business.

35. The expression “days” when used in these rules means current
days, not working days.

36. For the purposes of these rules the word “territory” meant
not only the metropolitan territory of a State but also all other territories
for the foreign relations of which that State is responsible.

37. When a High Contracting Party has declared at the time of ratification
of or of accession to the convention that the first paragraph of Article
2 of the Convention shall not apply to international carriage by air performed
directly by the State, its colonies, protectorates or mandated territories
or by any other territory under its sovereignty, suzerainty or authority
these rules shall not apply to international carriage by air so performed.

SECOND SCHEDULE

[See section 2(3)]

PROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT

OF THE DEATH OF A PASSENGER

1. The liability shall be enforceable for the benefit of such of the
members of the passenger’s family as sustained damage by reason of his
death.

In this rule the expression “member of a family” means wife
or husband, parent, step-parent, grandparent, brother, sister, half-brother,
half-sister, child, step-child, grandchild:

Provided that, in deducing any such relationship as aforesaid any illegitimate
person and any adopted person shall be treated as being, or as having
been, the legitimate child of his mother and reputed father or, as the
case may be, of his adopters.

2. Art action to enforce the liability may be brought by the personal
representative of the passenger or by any person for whose benefit the
liability is under the last preceding rule enforceable, but only one action
shall be brought in Pakistan in respect of the death of any one passenger,
and every such action by whom so ever brought shall be for the benefit
of all such persons so entitled as aforesaid as either are domiciled in
Pakistan, or not being domiciled there, express a desire to take the benefit
of the action.

3. Subject to the provisions of the next succeeding rule the amount
recovered in any such action, after deducting any costs not recovered
from the defendant, shall be divided between the persons entitled in such
proportions as the Court may direct.

4. The Court before which any such action is brought may at any stage
of the proceedings make any such order as appears to the Court to be just
and equitable in view of the provisions of the First Schedule to this
Act limiting the liability of a carrier and of any proceedings which have
been, or are likely to be, commenced outside Pakistan in respect of the
death of the passenger in question.

5.-(1) Any person competent to bring an action under rule 2 may, instead
of bringing such action, apply to the carrier to make payment of the amount
which could have been recovered in any such action to the members of the
passenger’s family mentioned in the certificate granted under rule 6 to
be divided between them in the proportions set out in the certificate.

(2) Where an application under sub-rule (1) is not accompanied by a
certificate under rule 6 the carrier shall advise the applicant to obtain
such certificate.

6.-(1) Any person competent to bring an action under rule 2 may apply
to the District Judge having jurisdiction to issue a succession certificate
following the death of the passenger for the grant of a certificate to
the effect that only the persons named therein are the members of the
passengers family for whose benefit the liability is enforceable under
1.

(2) A certificate under sub-rule (1) shall set out the proportion in
which each member mentioned therein shall receive the amount recoverable;
and the proportion shall be such as may be agreed upon amongst the members
or, in the absence of such agreement, as may be determined by District
Judge.

7. For the purpose of the grant of a certificate under rule 6, the District
Judge shall publish or cause to be published, in such newspapers as he
may think fit, a copy of the application for such certificate and shall
follow, so far as may be, the same procedure as in the case of an application
for a succession certificate under the Succession Act, 1925 (XXXIX of
1925).

8. Payment made by the carrier in accordance with the certificate shall
give him full and final discharge from his liability.