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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 subparagraph 1 c of this Article, the carrier shall not be entitled to avail himself of the provisions of Article Section BAGGAGE CHECK Article 4 1 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 Article 3, paragraph 1 , shall contain: 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, 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 Carriage by Air 13 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.
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 the rules of this Convention. Nevertheless, if the carrier takes charge of the 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 Article 3, subparagraph 1 c does not include the notice required by subparagraph 1 c of this Article he shall not be entitled to avail himself of Article 22, paragraph 2.
Section AIR WAYBILL Article 5 1 Every carrier of cargo 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.
Article 6 1 The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the cargo.
The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted. Article 7 The carrier of cargo has the right to require the consignor to make out separate waybills when there is more than one package. Article 9 If, with the consent of the carrier, cargo is 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 Article 8, paragraph c , the carrier shall not be entitled to avail himself of Article 22, paragraph 2.
Article 10 1 The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill. Article 11 1 The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage. Article 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 cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place Carriage by Air 15 of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it 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 consignors and he must repay any expenses occasioned by the exercise of this right. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.
Article 13 1 Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. 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 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. 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 cargo 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 servants or agents. Article 18 1 The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air. 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.
Article 19 The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Article 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. Carriage by Air 17 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 carriage of persons the liability of the carrier for each passenger is limited to the sum of two hundred and fifty thousand francs. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. This site uses Akismet to reduce spam. Learn how your comment data is processed. Hello, Sustainability!
The aim of this Act… The Air Act has the primary aim of providing provisions to abate and control air pollution in the country, and sets up Boards in the centre and the state to carry out the necessary steps to achieve this aim. Source: Google Images. Rate this:. Contribution by Central Government sec. Borrowing powers of Board sec. Annual report sec. Accounts and audit sec. Penalties for non compliance sec.
Penalty for contravention of provisions of this Act sec. Cognizance of offences sec. Bar of jurisdiction sec. Hence, even if it is possible to have two opinions on the construction of the provisions of the Act, the one which advances the object of the Act and is in favor of the people at large for whose benefit the Act is Passed, has to be accepted.
AIR S. Sudhir Bharti Jan. Vinitha Subramanian Dec. Misty Boyd Dec. So you do not need to waste the time on rewritings. Ranjeet Sabale Jul. Show More. Total views. You just clipped your first slide! Clipping is a handy way to collect important slides you want to go back to later. Now customize the name of a clipboard to store your clips. Visibility Others can see my Clipboard. Cancel Save.
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