The Carriage by Air Act, 1972

The Carriage by Air Act,
1972



5.2.1. Introduction
There is an international legal community that governs the liability of air carriers for injury or
death of passengers, for destruction or loss of or damage to baggage and cargo, and losses due
to delay in international carriage of passengers, baggage and cargo. This community is set out in
a number of international instruments. However, India had so far signed only two instruments,
namely the Warsaw Convention, 1929 and the Warsaw Convention as amended by The Hague
Protocol, 1955 and the same had been given effect by the Carriage by Air Act, 1972.
The different instruments adopted by the International Civil Aviation Organization (ICAO-a
special agency of the United Nations, which codes the principles and methods of international air
navigation and fosters the planning and development of international air transport to make sure
the safe and orderly growth) failed to gain the kind of universal acceptance as garnered by the
Warsaw Convention and the Hague Protocol. As a result, a situation arose where many different
kinds of liabilities came into being, defying the much desired uniformity and unification of
international law in this field. The ICAO then took up serious measures for a socio economic
study of the levels of compensation. Finally, the Montreal Convention 1999 was adopted for the
unification of various rules for international carriage by air. It aims to achieve the purpose of
consolidating the many different instruments comprising the Warsaw System.
As of July 2010, 97 countries ended up signing the Montreal Protocol treaty, including the United
States, members of the European Union (EU), Australia, Canada, China, India, Japan, Korea and
Mexico. India signed the Convention on 1 May, 2009 and it was enforced in India on 30, June
2009.
In India, the Carriage by Air Act 1972 (hereinafter referred to as ‘the Act’) was amended by the
Carriage by Air (Amendment) Act, 2009. This was done to give full force to the Convention for the
unification of certain rules relating to international carriage by air which was signed at Warsaw
on 12 October, 1929 and to the said Convention as amended by the Hague Protocol on 28
September, 1955 and also to the Montreal Convention. It also sought to make provision for using
the rules mentioned in the said Convention in its real as well as amended form subject to
exceptions, adaptations and modification to non-international carriage by air and for matters
connected therewith.
The said Act came into force with effect from 15 May, 1973 and the Carriage by Air (Amendment)
Act, 2009 came into force from 1 July, 2009.


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The Warsaw System had four categories of jurisdiction for filing of a claim by the passenger.
These were place of issue of ticket, principle place of business of the carrier, the place of
destination of the passenger and the place of domicile of the carrier. Through the Montreal
Convention, a fifth jurisdiction is added which is the actual place of domicile of the passenger,
provided the airline has a presence there. Therefore, an Indian will be easily be able to file claim
in India even if the journey was undertaken outside India.

The Montreal Convention re-establishes the desired uniformity and predictability of the rules
governing the international carriage of passengers, baggage and cargo. While keeping a core of
provisions, which have successfully served the international air transport community for many
decades, the new Convention keeps the said modernization in a number of key feilds. It protects
the interests of passenger by setting up a modern two- tier liability system and by facilitating
quick recovery or proving damages without the need for lengthy litigation. Air carriers, on the
other hand, will be able to achieve substantive operational savings through the use of
electronically produced and simplified documents of carriage, especially in the cargo field, and
the ability to manage risks more efficiently.

Since a huge number of flights work between India and many of the countries that have acceded
to the Montreal Convention 1999 (for example, USA and UK), non-accession of the Convention
by India would have given growth to a situation which would have involved serious differences
between the passengers of the same flight with regard to compensation. For example, a situation
where, those passengers whose journey was actually in USA or UK would be awarded much
greater compensation as compared to those whose journey originated in India. This would, by
and large, go against the rights of Indian passengers. Moreover, if India had not accepted the
Montreal Convention, Indian nationals would not be given the benefit of the fifth category of
jurisdiction.

By changing certain provisions of the Carriage by Air Act, 1972 and including the text of the
Montreal Convention in the said Act as the Third Schedule, it has had the impact of law in India in
connection with any carriage by air to which those rules apply, irrespective of the nationality of
the aircraft performing the carriage.

In light of this view, the Government had accepted the signing of the Montreal Convention, 1999
and deposited the Instruments of Accession with the ICAO. Before they did this, important
legislative action was needed with a view to give effect to the provisions of the Convention in
India. The rules mentioned in the First Schedule of the Act shall be used if the international
carriage is between the Contracting Parties to the Warsaw Convention. Those mentioned in the
Second Schedule shall be used in respect of carriage between the Contracting Parties to the
Warsaw Convention as amended by the Hague Protocol and the provisions in the Third Schedule
shall be used for carriage between the States parties to the Montreal Convention, 1999.

5.2.2. Warsaw Convention

The Warsaw Convention is an international convention which gives effect to the liability for
international carriage of persons, luggage or goods used by aircraft for reward.
Officially signed in 1929 in Warsaw , it was changed in 1955 at The Hague and in 1975 in


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Montreal. United States courts have said that, at least for some purposes, the Warsaw
Convention is a different kind instrument from the Warsaw Convention as Amended by the
Hague Protocol.

In particular, the Warsaw Convention mandates the following:

Compulsory for carriers to issue passenger tickets;
requires carriers to showcase baggage checks for checked luggage;
Gives a limitation period of 2 years within which a claim must be brought (Article 29);
and
limits a carrier's liability to at max:
(a) 250,000 Francs or 16,600 Special Drawing Rights (SDR) for personal injury;
(b) 17 SDR per kilogram for checked luggage and cargo, or $20USD per

kilogram for non-signatories of the amended Montreal Protocols.
(c) 5,000 Francs or 332 SDR for the hand luggage of a traveller.

The amount limiting the liability were actually given in Francs. This amount was changed by the
Montreal Additional Protocol No. 2 to alternatively given expression in terms of SDR's. These
amounts are valid in the absence of a differing agreement with the carrier. Agreements on lower
amounts of money are null and void.

A court may also award a claiming party's money, unless the carrier made an offer within 6
months of the loss he suffered which the claiming party has failed to outreach.

The Montreal Convention was thus signed in 1999. It then replaced the Warsaw Convention
system.



5.2.3. Montreal Convention

The Montreal Convention, officially called the Convention for the Unification of Certain Rules for
International Carriage, is a treaty started by a diplomatic meeting of ICAO member states in
1999. It implemented important provisions of the Warsaw Convention's community concerning
compensation amounts for the victims of air disasters. The Convention re-establishes urgently
wanted uniformity and predictability of rules relating to the international carriage of passengers,
baggage and cargo. While keeping track of the important provisions which have successfully
served the international air transport community for several decades (i.e. the Warsaw regime),
the new convention is required for modernisation in a number of key fields. It safeguards
passengers by introducing a two-tier liability system and by facilitating the quick recovery of
proven damages without the need for lengthy litigation.

Under the Montreal Convention, air carriers are very strict and liable for proven damages up to
100,000 Special Drawing Rights (SDR), a mix of currency values given by the International
Monetary Fund (IMF) (approximately $138,000 per passenger at the time of its ratification by the
United States in 2003 (as of June 2009, around $154,800)). Where damages of more than


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100,000 SDR are cleared, the airline may avoid liability by proving that the accident which caused
the injury or death was not because of their negligence but was attributable to the negligence of
a third party. This defence is not available when damages less than 100,000 SDR are sought. The
Convention also changed the jurisdictional provisions of the Warsaw system. It does not let the
victim or their families sue foreign carriers where they keep their principal residence. It
mandates all air carriers to carry liability insurance.

The Montreal Convention usually keeps changing and usually increases the maximum liability of
airlines for lost baggage to a fixed amount 1000 SDR (the amount in the Warsaw Convention is
based on weight of the baggage). The amount has now gone upto 1131SDR. The Montreal
Convention was signed mainly to change liabilities to be paid to families for death or injury whilst
on board an aircraft.

Applicability of the Montreal Convention to India

The rules mentioned in the Third Schedule, being the provisions of the Montreal Convention
relating to the rights and liabilities of carriers, passengers, consignors, consignees and other
persons, subject to the provisions of this Act, have the force of law in India in connection to any
carriage by air to which those rules apply, irrespective of the nationality of the aircraft
performing the carriage.

For the actual use of the Act, the State Parties to the Montreal Convention and the date of usage
of the said Montreal Convention will be such as are included in Part III of the Annexure. A whole
Annexure was included by the Carriage by Air (Amendment) Act, 2009, stating the Parties to the
Convention and the date of usage or existence.

Application of Act to carriage by air, which is not International

The Central Government may, by notification in the Official Gazette:


i. Apply the rules which are mentioned in the First Schedule of the Carriage by Air Act 1972 and
any provision of section 3 or section 5 or section 6 of the said Act 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.
ii. Apply the rules contained in the Second Schedule and any provision of section 4 or section 5 or
section 6 to such carriage by air, not being international carriage by air as defined in the Second
Schedule, as may be specified in the notification,

subject, however, to such exceptions, adaptations and modifications, if any, as may be so
specified.
iii. Apply the rules contained in the Third Schedule and any provision of section 4A or section 5 or
section 6A to such carriage by air, not being international carriage by air as defined in the Third
Schedule, as may be specified in the notification, subject, however, to such exceptions,
adaptations and modifications, if any, as may be so specified (w.e.f 1st July 2009)


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5.2.4. Application of Convention to India

The Warsaw Convention has been made applicable by Section 3 which states as under:

(1) The rules mentioned in the First Schedule, being the provisions of the Convention concerning the
rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the
provisions of this Act, have the power of law in India in connection to any carriage by air to which those
rules apply, irrespective of the nationality of the aircraft performing the carriage.

(2) For the reason of this Act, the High Contracting Parties to the Convention and the date of enforcement
of the said Convention shall be such as are included in Part I of the Annexure.

(3) Any similarity in the First Schedule to the territory of any High Contracting Party to the Convention
shall be seen as a reference to all the territories in respect of which he is a party.

(4) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference
to servants of the carrier.

(5) The Central Government may, having regard to the objects of this Act, and if it thinks fit is necessary or
expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, Part I
of the Annexure, any High Contracting Party and on such addition, or as the case may be, omission, such
High Contracting Party shall be or shall cease to be, a High Contracting Party.

Remember that- Clause 1 of this section says that the rules mentioned in the First Schedule of the
convention have been given the power of law under this act. The power to certify as to who the high
contracting parties to the convention are, lies with the central government and the can, through
notification in the gazette, know their extent to which they have availed themselves under the provisions
of rule 36 in first schedule. A reference to a contracting party in the first schedule would mean that it is a
reference to all the territories. Every notification given under the old act (carriage by air act,1934) shall be
deemed to be issued under this act as well, unless superseded.

5.2.5. Application of amended Convention to India

The Amended Convention has been implemented under Section 4 by virtue of Second Schedule
and enjoys the force of law in India


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5.2.6. Liability in case of death

Section 5 states that-

(1) Not mentioning anything mentioned in the Fatal Accidents Act, 1855 (13 of 1855) or any other
enactment or rule of law in force in any part of India, the rules contained in the First Schedule,
the Second Schedule a[and the Third Schedule] shall, in all cases to which those rules apply,
determine the liability of a carrier in respect of the death of a passenger.
(2) The liability shall be seen for the benefit of such of the members of the passenger’s family as
sustained damage by reason of his death.
Explanation. – In this sub-section, the expression “member of a family” means wife or husband,
parent, step-parent, grand parent, brother, sister, half-brother, half-sister, child, step-child and
grand-child: only if that in removing any such relationship as aforesaid any illegitimate person
and any adopted person would 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.
(3) An action to start the liability may be brought by the personal representative of the passenger
or by any person for whose usage the liability is under sub-section (2) enforceable, but only one
action shall be used in India in respect of the death of any one passenger, and every such action
by whoever brought shall be for profit of all such persons so entitled as aforesaid as either are
domiciled in India or not being domiciled there express a desire to take the benefit of the action.
(4) Subject to the provisions of sub-section (5), 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 proportion as the Court may direct.
(5) 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 or the Second Schedule b[or the Third Schedule], as the case may be, limiting
the liability of a carrier and of any proceedings which have been or are likely to be commenced
outside India in respect of the death of the passenger in question.
Remember that- The liability of the carrier in case of a death of passenger can only be
determined by the rules under first, second and third schedule. The liability shall be enforceable
for the benefit of members of family who have sustained damage.
The action for enforcing the liability must be brought by representatives of the person, who are
residents of India and only one action shall be brought in India.

5.2.7. Conversion of francs

Section 6 says that the sum of francs, as mentioned in rule 22, will be converted to Indian rupees
at the prevailing exchange rate on the date at which the amount as damages has to be paid.


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Conversion of Special Drawing Rights

Section 6A mentions that the money as mentioned in special drawing rights as per rule 21 and 22
of schedule 3 shall also be converted to rupees in the same way as mentioned above.

5.2.8. Provisions regarding suits against High Contracting Parties who undertake carriage by air

Section 7 states that
(1) Every High Contracting Party to the Convention or the amended Convention, as the case may
be, 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 India in accordance with the provisions of rule 28 of
the First Schedule, or of the Second Schedule, as the case may be, 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 (5 of 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 or to the amended Convention.
Remember that - The Act ensures to empower a claimant to institute his claim in any of the
Courts in India having jurisdiction according to CPC. The high court has the power to make rules
of procedure. The court does not have the power to attach or sell any property of the party.



5.2.9. Application of Act to carriage by air which is not international

Section 8 states that –
(1) The Central Government may, by notification in the Official Gazette, apply the rules contained
in the First Schedule and any provision of section 3 or section 5 or section 6 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.
(2) The Central Government may, by notification in the Official Gazette, apply the rules contained
in the Second Schedule and any provision of section 4 or section 5 or section 6 to such carriage
by air, not being international carriage by air as defined in the Second Schedule, as may be
specified in the notification, subject, however, to such exceptions, adaptations and
modifications, if any, as may be so specified.


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(3) The Central Government may, by notification in the Official Gazette, apply the rules contained
in the Third Schedule and any provision of section 4A or section 5 or section 6A to such carriage
by air, not being international carriage by air as defined in the Third Schedule, as may be
specified in the notification, subject, however, to such exceptions, adaptations and
modifications, if any, as may be so specified.

Remember that- The Central Government has the authority to apply the rules given in schedule
1, 2 and 3 to carriage which is not international by a notification and has the power to apply the
rules with alterations and adaptations and moderations.

5.2.10. THE FIRST SCHEDULE

5.2.10.1. Chapter I

Scope- Definitions

1. (1) These rules apply to all international carriage of persons, luggage or goods used by aircraft for
reward. They apply also to 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 usage of these rules the expression, “international carriage” means any carriage in which
according to the contract made by 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 a territory subject to the sovereignty , suzerainty, mandate or
authority of another Power, even though that power s not a party t the convention . A carriage without
such an agreed stopping place between territories subject to sovereignty, suzerainty, mandate or
authority of the same High Contracting Party is not deemed to be international for the purposes of these
rules.

(4) A carriage to be performed by several successive air carriers is made fit, for the reason of these rules,
to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it has
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 a territory subject to the sovereignty, suzerainty, mandate or authority of the same High
Contracting Party.

2.(1) These rules apply to carriage performed by the State or by legally constituted public bodies provided


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it falls within the conditions laid down in rule 1.

(2) These rules do not apply to carriage performed under the terms of any international postal
Convention.

Remember that- the rules apply to all the international carriage of person, luggage or goods by aircraft
regardless of them being gratuitous or non-gratuitous. The reference to high contracting parties implies
the ones which are high contracting parties to the convention.

International carriage means a carriage which, under the contract, has pre-determined destinations, the
destinations being high contracting parties. Also, carriage within a territory, if there is any stopping within
a territory and that territory is subject to sovereignty, suzerainty, mandate or authority of another power,
shall be considered as international carriage even if that power is not a part of the treaty.

A carriage can be seen as an undivided carriage if it has been regarded as a single operation even if it is
performed by several successive air carriers. It would not lose the international character if the carriage is
a result of various contracts and one or series of them are dealing with the same territory.

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. These rules do not apply to carriage performed under the
terms of any international postal convention.


5.2.10.2. Chapter II

Documents of Carriage
Part 1- Passenger ticket

3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the
following particulars:-

(a) the place and date of issue;


(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


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5,000 francs per passenger.

(4) The sums mentioned in this rule shall be deemed to refer to the French franc consisting of sixty-five
and a half milligrams gold of millesimal fineness nine hundred.

23. Any provision relating to relive the carrier of liability or to fix a lower limit than that which 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.

24. (1) In the cases covered by rules 18 and 19 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 those persons who have the right to bring suit and what are their respective
rights.

25. (1) The carrier shall not be liable to avail himself of the provisions of this Schedule which exclude or
limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as is in the
opinion of the Court equivalent to wilful misconduct.

(2) Similarly, the carrier shall not be held authoritative to avail himself of the said provisions, the damage
is caused as aforesaid by any agent of the carrier acting within the scope of his employment.

26. (1) Receipt by the person who is responsible 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, at the latest, within three days from the date of receipt in the case of
luggage and seven 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 fourteen days from the date on which the luggage 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 despatched within the time aforesaid.

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

fraud on his part.


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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, luggage or goods is
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) The luggage or goods, the passenger or consignor, will have the right of action against the first carrier,
and the passenger or consignee who is responsible 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.

Remember that – If an accident occurs while the passenger is on board or in course of operation of
embarking or disembarking, then the carrier shall be held liable for the damage.

The liability shall only be towards the registered goods and only when they are in charge of the
carrier. Unless contract to the contrary exists, the period of carriage by air does not extend to any
carriage by land, sea or by river.
The liability shall also be attracted if there is a delay in carriage unless it is proved that all necessary
steps were taken to avoid it.


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If it has been found that the damage was caused by the negligence of the injured person himself,
then the court may exonerate the liability fully or partially.
A provision, which is tending to relieve or lower the liability of the carrier shall be considered as void.
However, it shall be noted that only the condition shall be void and which might not result in the
nullity of the whole contract.
The carrier shall not be entitled to the provisions under the schedule which limit or exclude his
liability, if –

1) If there has been a wilful misconduct

2) if the damage has been caused by an agent of the carrier within the scope of his employment.

If there has been a receipt of delivery and there has been no complaint made, it would mean that the
goods were delivered in good condition.
If there has been a damage, then the complaint shall be made within the specified time.
The complaint must be made in writing or by special notice
If the complaint hasn’t been made in the time frame, then no action would lie against the carrier
unless it is case of deceit or fraud.
Legal representatives of the person who has died shall have the claim to sue for damages.
The right of damages shall be extinguished after two years of date of arrival or on the date on which
it ought to have arrived or the date on which it stopped.
Each successive carrier who has accepted the passenger, luggage or goods shall be subjected to the
contract of carriage in so far as the contract deals with that part of the carriage. In such a case, unless
the first carrier has assumed liability, the action only lies against the carrier who has performed the
carriage.

The right of action shall vest with-
1) for first carrier- the passenger or consignor

2) for last carrier- passenger or carrier who has made the delivery.

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.



5.2.10.4. CHAPTER IV 20

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 carriage by air, only if that the carriage by air falls within the
terms of rule.

(2) Nothing in this schedule shall stop the parties in the case of combined carriage from inserting in the
document of air carriage conditions relating to other modes of carriage, onky if that the provisions of this
schedule are observed as regards the carriage by air.

Remember that- if the carriage contains combined carriage which might include some other form of
carriage, then the provision of this schedule shall only apply to carriage which has been done by air.

The parties are not stopped form inserting conditions pertaining to other forms of carriage in the
document of air carriage.



5.2.10.5. 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 want to infringe the rules laid down by this Schedule, whether by deciding
the law to be used, or by altering the rules as to jurisdiction, will be null and void.But for the carriage of
goods, arbitration clauses are allowed, subject to these rules, if the arbitration is to happen in the
territory of one of the High Contracting Parties within one of the jurisdictions referred to in rule 28.

33. Nothing mentioned in this Schedule may prevent 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. This Schedule does not apply to international carriage by air performed by way of experimental trial
by air navigation undertakings with the purview to the establishment of a regular line of air navigation, it
also does not apply to carriage performed in extraordinary circumstances outside the normal scope of an
air carrier’s business.

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


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36. When a high Contracting Party has declared at the time of ratification of or of accession to the
Convention that sub-rule (1) of rule 2 of these rules therefore do not apply to international carriage by air
performed directly by the State its colonies protectorates or compulsary territories or by any other
territory under its sovereignty, suzerainty or power, these rules will not apply to international carriage by
air so performed.

Remember that – Any clause in the contract pertaining to deciding the law or altering the rules shall be
null and void. However, arbitration clause is allowed.

The carrier shall not be prevented from refusing to enter into a contract or from making regulations which
do not conflict with the provisions of this schedule.

This schedule does not apply to carriage in experimental and extraordinary circumstances.

5.2.11.THE SECOND SCHEDULE

5.2.11.1. CHAPTER 1

SCOPE DEFINITIONS

1. (1) These guidelines do not apply to all international carriage of persons, baggage or cargo performed
by aircraft for a price. They apply uniformly to gratuitous carriage by aircraft performed by an air
transport undertaking.

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

(3) For the reason of these guidelines, the term, "international carriage" 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 space in the carriage. or a trans shipment, are located either within the
territories of two High Contracting parties or with in 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


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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.

5.2.11.2. CHAPTER II


DOCUMENTS OF CARRIAGE


Part 1 - Passenger ticket

3. (1) In respect of the carriage of passengers a ticket can be delivered mentioning;

(a) pointing of the places of departure and destination;

(b)if the places of departure and destination are inside 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) to the effect that, if the passenger's journey contains an ultimate destination or stop in a country
other than the country of departure, the amended Convention may be used and that the amended
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 contain prima facie evidence of the finaliazation 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, nonetheless, 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. (1) In terms 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 sub-rule (1) of


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(3) For the purposes of these rules, the expression “international carriage” 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 transshipment, are situated either within the
territories of two State Parties, or within the territory of a single State Party if there is an agreed stopping
place within the territory of another State, even if that State is not a State Party. A carriage between two
points within the territory of a single State Party without an agreed stopping place within the territory of
another State shall not be deemed to be international carriage for the purposes of these rules.

(4) A carriage to be performed by several successive air carriers shall be 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
has been agreed upon under the form of a single contract or of a series of contracts, and it shall 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.

(5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein.

2. (1) These rules shall 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) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in
accordance with the rules applicable to the relationship between the carriers and the postal
administration.

(3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items.

Remember that –

This schedule applies to all international carriages of persons, baggage or cargo performed without
reward or by a gratuitous undertaking.

The following definitions are given-

1) Baggage – includes both checked and unchecked baggage

2) Days- means calendar days and not working days


3) Depository- means the International Civil Aviation Organization


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