Article 104p. 104

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

(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 shall be entitled to put into force against the

carrier

the

rights

which

flow

from

the contract of

transportation.

ARTICLE

14.

The

consignor

and

the

consignee

can

respectively enforce all the rights given them by Articles

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.

ARTICLE 15. (1) Articles 12, 13, and 14 shall not affect either

the relations of the consignor and the consignee with

each other or the relations of third parties whose rights

are

derived

either from the consignor or from the

consignee.

(2) The provisions of Article 12, 13, and 14 can only be

varied by express provision in the air waybill.

ARTICLE

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 shall be 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

ARTICLE

17.

The

carrier

shall

be

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.

ARTICLE 18. (1) The carrier shall be liable for damage

sustained in the event of the destruction or loss of, or of

damage to, any checked baggage or any goods, if the

occurrence which caused the damage so sustained took

place during the transportation by air.

(2) The transportation by air within the meaning of the

preceding paragraph shall comprise the period during

which the baggage or goods are in charge of the carrier,

whether in an airport or on board an aircraft, or, in the

case

of

a

landing

outside

an airport, in any place

whatsoever.

(3) The period of the transportation by air shall not extend

to

any

transportation

by

land,

by

sea,

or

by

river

performed

outside

an

airport.

If,

however,

such

transportation

takes

place

in

the performance of a

contract for transportation by air, for the purpose of

loading,

delivery

or

transshipment,

any

damage

is

presumed, subject to proof to the contrary, to have been

the result of an event which took place during the

transportation by air.

ARTICLE

19.

The

carrier

shall

be

liable for damage

occasioned by delay in the transportation by air of

passengers, baggage, or goods.

ARTICLE 20. (1) The carrier shall not be liable if he proves

that he and his agents have taken all necessary measures

to avoid the damage or that it was impossible for him or

them to take such measures.

(2) In the transportation of goods and baggage the carrier

shall not be liable if he proves that the damage was

occasioned by an error in piloting, in the handling of the

aircraft, or in navigation and that, in all other respects, he

and his agents have taken all necessary measures to

avoid the damage.

ARTICLE 21. If the carrier proves that the damage was

caused by or contributed to by the negligence of the

injured person the court may, in accordance with the

provisions of its own law, exonerate the carrier wholly or

partly from his liability.

ARTICLE 22. (1) In the transportation of passengers the

liability of the carrier for each passenger shall be limited

to the sum of 125,000 francs. Where, in accordance with

the law of the court to which the case is submitted,

damages may be awarded in the form of periodical

payments,

the

equivalent

capital

value

of

the

said

payments shall not exceed 125,000 francs. Nevertheless,

by special contract, the carrier and the passenger may

agree to a higher limit of liability.

(2) In the transportation of checked baggage and of

goods, the liability of the carrier shall be limited to a sum

of 250 francs per kilogram, unless the consignor has

made, at the time when the package was handed over to

the carrier, a special declaration of the value at delivery

and has paid a supplementary sum if the case so requires.

In that case the carrier will be liable to pay a sum not

exceeding the declared sum, unless he proves that the

sum is greater than the actual value to the consignor at

delivery.

(3) As regards objects of which the passenger takes

charge himself the liability of the carrier shall be limited

to 5,000 francs per passenger.

(4) The sums mentioned above shall be deemed to refer

to the French franc consisting of 65½ milligrams of gold

at the standard of fineness of nine hundred thousandths.

These sums may be converted into any national currency

in round figures.

ARTICLE 23. Any provision tending to relieve the carrier of

liability or to fix a lower limit than that which is laid down

in this convention shall be null and avoid, but the nullity

of any such provision shall not involve the nullity of the

whole

contract,

which

shall

remain

subject

to

the

provisions of this convention.

ARTICLE 24. (1) In the cases covered by Articles 18 and 19

any action for damages, however founded, can only be

brought subject to the conditions and limits set out in

this convention.

(2) In the cases covered by Article 17 the provisions of the

preceding paragraph shall 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.

ARTICLE 25. (1) The carrier shall not be entitled to avail

himself of the provisions of this convention which exclude

or limit his liability, if the damage is caused by his wilful

misconduct

or

by

such

default

on

his

part

as,

in

accordance with the law of the court to which the case is

submitted,

is

considered

to

be

equivalent

to

wilful

misconduct.

(2) Similarly the carrier shall not be entitled to avail

himself of the said provisions, if the damage is caused

under the same circumstances by any agent of the carrier

acting within the scope of his employment.

ARTICLE 26. (1) Receipt by the person entitled to the

delivery of baggage or goods without complaint shall be

prima facie evidence that the same have been delivered

in good condition and in accordance with the document

of transportation.

(2) In case of damage, the person entitled to delivery

must complain to the carrier forthwith after the discovery

of the damage, and, at the latest, within 3 days from the

date of receipt in the case of baggage and 7 days from

the date of receipt in the case of goods. In case of delay

the complaint must be made at the latest within 14 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 transportation 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.

© Compiled by RGL

104 of 211