Article 103p. 103

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

(h) A statement that the transportation is subject to the

rules relating to liability established by this convention.

(4) The absence, irregularity, or loss of the baggage check

shall not affect the existence or the validity of the contract

of transportation which shall nonetheless be subject to

the rules of this convention. Nevertheless, if the carrier

accepts baggage without a baggage check having been

delivered, or if the baggage check does not contain the

particulars set out at ( d ), (f) , and ( h ) above, the carrier shall

not be entitled to avail himself of those provisions of the

convention which exclude or limit his ability.

SECTION III Air Waybill

ARTICLE 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 shall

not affect the existence or the validity of the contract of

transportation which shall, subject to the provisions of

Article 9, be none the less governed by the rules of this

convention.

ARTICLE 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 on acceptance of the goods.

(4) The signature of the carrier may be stamped; that of

the consignor may be printed or stamped.

(5) If, at the request of the consignor, the carrier makes

out the air waybill, he shall be deemed, subject to proof to

the contrary, to have done so on behalf of the consignor.

ARTICLE 7. The carrier of goods has the right to require

the consignor to make out separate waybills when there

is more than one package.

ARTICLE 8. The air waybill shall contain the following

particulars:

(a) The place and date of its execution;

(b) The place of departure and of destination;

(c) The agreed stopping places, provided that the carrier

may reserve the right to alter the stopping places in case

of necessity, and that if he exercises that right the

alteration shall not have the effect of depriving the

transportation of its international character;

(d) The name and address of the consignor;

(e) The name and address of the first carrier;

(f) The name and address of the consignee, if the case so

requires;

(g) The nature of the goods;

(h) The number of packages, the method of packing, and

the particular marks or numbers upon them;

(i) The weight, the quantity, the volume, or dimensions of

the goods;

(j) The apparent condition of the goods and of the

packing;

(k) The freight, if it has been agreed upon, the date and

place of payment, and the person who is to pay it;

(l) If the goods are sent for payment on delivery, the price

of the goods, and, if the case so requires, the amount of

the expenses incurred;

(m) The amount of the value declared in accordance with

Article 22 (2).

(n) The number of parts of the air waybill;

(o) The documents handed to the carrier to accompany

the air waybill;

(p)

The

time

fixed

for

the

completion

of

the

transportation

and a brief note of the route to be

followed, if these matters have been agreed upon;

(q) A statement that the transportation is subject to the

rules relating to liability established by this convention.

ARTICLE 9. If the carrier accepts goods without an air

waybill having been made out, or if the air waybill does

not contain all the particulars set out in Article 8 (a) to (i),

inclusive, and (q), the carrier shall not be entitled to avail

himself of the provisions of this convention which exclude

or limit his liability.

ARTICLE 10. (1) The consignor shall be responsible for the

correctness of the particulars and statements relating to

the goods which he inserts in the air waybill.

(2) The consignor shall be liable for all damages suffered

by the carrier or any other person by reason of the

irregularity, incorrectness or incompleteness of the said

particulars and statements.

ARTICLE

11.

(1) The air waybill shall be prima facie

evidence of the conclusion of the contract, of the receipt

of the goods and of the conditions of transportation.

(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, shall be prima

facie evidence of the facts stated; those relating to the

quantity, volume and condition of the goods shall 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.

ARTICLE 12. (1) Subject to his liability to carry out all his

obligations under the contract of transportation, the

consignor shall have the right to dispose of the goods by

withdrawing

them

at

the

airport

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 airport of departure. He must not exercise this right of

disposition in such a way as to prejudice the carrier or

other

consignors, and he must repay any expenses

occasioned by the exercise of this right.

(2) If it is impossible to carry out the orders of the

consignor the carrier must so inform him forthwith.

(3) If the carrier obeys the orders of the consignor for the

disposition of the goods without requiring the production

of the part of the air 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 shall cease at the

moment

when

that

of

the

consignee

begins

in

accordance with Article 13, below. Nevertheless, if the

consignee declines to accept the waybill or the goods, or

if he cannot be communicated with, the consignor shall

resume his right of disposition.

ARTICLE 13. (1) Except in the circumstances set out in the

preceding article, the consignee shall be 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 transportation

set out in the air waybill.

(2) Unless it is otherwise agreed, it shall be the duty of the

carrier to give notice to the consignee as soon as the

goods arrive.

© Compiled by RGL

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