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Final air carriage law_presentation_2016
1.
2. THE CARRIAGE OF GOODS BY AIR
GROUP NAME : SHAHEEN
1.IFTIKHAR ALI DASTI
2.ABDUL RASOOL DAYO
2
3. CONTAINTS
Introduction
The Laws Relating to the
Carriage of Goods by Air
Air Protocol
High Contracting party
International carrier by Air
Documentary responsibilities
Air Waybills
Liabilities
4. INTRODUCTION
The carriage of goods by air is generally
performed by a consignor, who makes a
carriage contract with a carrier and the carrier
must send the goods to a consignee. The
carrier can be an airline company or
international carriage company.
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5. THE LAWS RELATING TO THE CARRIAGE OF
GOODS BY AIR
THERE ARE SIX SCHEDULES OF LAWS
• Warsaw Convention 1929
• Warsaw Convention as amended by the Hague Protocol
1955
• Guadalajara Convention 1961
• Montreal Convention (1999)
• Rules relating to Local air carriage
• Liability of carriers in the event of the death of a passenger.
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6. AIR PROTOCOL
HAGUE PROTOCOL OF 1955 TO AMEND THE CONVENTION FOR THE
UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE
BY AIR, 1929
Guadalajara Convention Supplementary to the Warsaw Convention for
the Unification of Certain Rules Relating to International Carriage by Air
Performed by a Person other than the Contracting Carrier, Signed in
Guadalajara on 18 September 1961
GUATEMALA Protocol to Amend the Convention for the Unification of
Certain Rules Relating to International Carriage by Air, Signed at
Warsaw on 12 October 1929, as Amended By The Protocol Done At The
Hague on 28 September 1955, Signed at Guatemala City, on 8 March
1971
The Montreal Protocol on Substances that Deplete the Ozone Layer
(a protocol to the Vienna Convention for the Protection of the Ozone
Layer) is an international treaty designed to protect the ozone layer by
phasing out the production of numerous substances that are responsible
for ozone depletion.
7. HIGH CONTRACTING PARTY
It means the Government of all countries which are
signatory to the Warsaw convention rule. Pakistan is a
signatory to Warsaw convention and is a high
contracting party.
8. INTERNATIONAL
CARRIAGE BY AIR
International carriage means any carriage in
which the place of departure and the place of
destination are located within the territorial
jurisdictions of two high contracting parties or
within the jurisdiction of a single high contracting
party, if there is an agreed stop over within the
territory of another state even if that state may not
be a high contracting party.
9. THE DOCUMENTS OF CARRIAGE
Documents are to be issued when goods and
passengers are carried by air.
The Passenger Ticket
The Luggage Ticket or Baggage Check
The Air Consignment Note or Air Waybill
10. THE PASSENGER TICKET
• The place and date of issue
• The Place of departure and
destination
• The agreed stopping place
• The name and addresses of the carrier
• A statement that the carrier is subject
to the rules contain in the schedule
11. THE LUGGAGE TICKET
• The place and date of issue
• The time of departure and destination
• The name and addresses of the carrier
• The number of passenger ticket
• A statement that the carrier is subject to the rules
• The number and weight of the packages
• The value as declared by the passenger of the
baggage booked
• A statement that the delivery will be made to
the barrier of the ticket
12. AIRWAY BILL
(AIR CONSIGNMENT NOTE)
Some important points regarding airway bill.
Every carrier of cargo has a right to get a airway bill.
The airway bill shall be made in three original parts.
The first part shall be the carrier, second part of the
consignee and third part for consigner.
The carrier has right to get airway bills for each
packages separately. 12
13. CONTENTS OF AIR WAYBILL
The place and date of its issue.
The places of departure and destination.
The agreed stopping places.
The names and addresses of the consignor,
and consignee.
The names and addresses of the first carriers
The nature of the -goods, including a
statement of the number of packages, the
method of packing, their weight, quantity,
volume and dimensions and the apparent
condition of the goods
14. CONTENTS OF AIR WAYBILL
The freight, date and place of payment and
person who is to pay.
If the goods are sent for payment on delivery,
the price of the goods.
The amount of the value declared.
The number of the parts of the air consignment
note.
The documents handed to the carrier to
accompany the note.
The time fixed completion of the carriage and
route to be followed.
A statement that the carriage is subject to the
rules about liability.
15. RIGHT OF DISPOSITION OF CONSIGNOR
Consignor
The consignor has to right to dispose of the
cargo by with drawing it at the air port of
the departure or destination or by stopping
it in the course of it journey on any landing
or by calling for it to be delivered at the
place of destination or in the course of
journey to a person other than the
consignee named in the airway bill.
16. RIGHT OF DISPOSITION OF CONSIGNEE
Consignee
The consignee has the right to receive
notice from carrier as soon as the cargo
arrive at place of destination.
The consignee can get delivery on the
payment of the charges.
In case of loss, the consignee may in force
his rights.
17. LIABILITIES OF CARRIER
In case of death and wounding a passenger on board
the aircraft or during embarkation or disembarkation, the
liability per passenger is up to 25000 Francs. The amount
shall be converted in to pak. rupees at the current
exchange rate,
In case of damage to any register baggage or cargo
during the carriage, the liability per Kg of baggage is up
to 250 Francs unless the consignor has made a special
declaration as to the value of the baggage.
In case of damage or loss of personal belongings of the
passenger, the liability is limit to 5000 Francs.
In case of damage caused by delay in the carriage of
passengers baggage or cargo. However, the carrier is not
liable if it is proved that all necessary measures were
taken and damages was caused by neglect of the
18. LIABILITY IN CASE OF
DEATH OF PASSENGER
For In international carriage by Air.
Rules contained in first four schedules will determine
the liability of a carrier in respect of the death of a
passenger [ sec.3(5)]
For Local Carriage by Air.
Rules contained in the fifth schedules will determine
the liability of a carrier in respect of the death of a
passenger . [Sec.5(2)]
The rules in six schedule, the persons (by whom and
for whose benefit) and the manner in which liability
may be enforced. [Sec.3(5), 5(2)]
19. THE PROCEDURE FOR REALISING DAMAGES
The person entitled to damages of baggage must
complain to the carrier within 7 days of the date of
receipt.
The person entitled to damages of cargo must complain
to the carrier within 14 days of the date of receipt.
In case of delay complaint must be made within 21 days
from the date on which the baggage or cargo was
delivered to the carrier.
Every such complaint must be made in writing within the
stated periods.
The suit for damages may be file in case of death or injury
to the passenger and in case of loss or damage to the
baggage or cargo against the last carrier who performed
the carriage.
