Carriage by Air Act, 1972 — back to Table of Contents | See Section 4
Note: This page is a summary of the rules for quick reference, not the verbatim statutory text. For the exact wording of each rule, please refer to the bare Act.
THE SECOND SCHEDULE
(See section 4)
RULES — the Warsaw Convention as amended by the Hague Protocol, 1955. Broadly mirrors the First Schedule with revised documentation requirements and doubled liability limits.
CHAPTER I — Scope, Definitions
Rules 1–2. These rules apply to all international carriage of persons, baggage, or cargo performed by aircraft for reward, and equally to gratuitous carriage by an air transport undertaking. “High Contracting Party” refers to a party to the amended Convention. “International carriage” is defined similarly to the First Schedule (departure/destination within two High Contracting Parties, or a single Party with an agreed stopping place elsewhere). Carriage by successive carriers is deemed a single undivided carriage if regarded as one operation by the parties. These rules apply to State/public body carriage under the same conditions, but do not apply to mail and postal packages.
CHAPTER II — Documents of Carriage
Rules 3–4. A passenger ticket must be delivered indicating places of departure/destination, at least one intermediate stopping place if applicable, and a notice that the amended Convention may govern and limit the carrier’s liability for death, injury, or baggage loss/damage. A baggage check must similarly be delivered for registered baggage (unless combined with the ticket). Absence of the required notice specifically forfeits the carrier’s ability to rely on Rule 22’s liability limits (rather than affecting the contract’s validity generally).
Rules 5–16. An “air waybill” (equivalent to the air consignment note) is used for cargo, made out by the consignor in three signed original parts, and must contain places of departure/destination, stopping places, and a notice regarding the Convention’s application to loss/damage. The consignor is responsible for the correctness of particulars supplied and indemnifies the carrier for damage from their incorrectness; the carrier likewise indemnifies the consignor for its own errors in the waybill. The waybill is prima facie evidence of the contract and receipt of cargo. The consignor retains a right of disposal in transit; the consignee’s right to require delivery arises on arrival at destination. The consignor must furnish documents necessary for customs/police formalities.
CHAPTER III — Liability of the Carrier
Rules 17–21. The carrier is liable for death/bodily injury during embarking, flight, or disembarking; for destruction, loss of, or damage to registered baggage or cargo occurring during carriage by air; and for damage from delay. The carrier is excused if he and his servants/agents took all necessary measures to avoid the damage or it was impossible to do so. Contributory negligence by the injured person may lead the Court to reduce or exonerate the carrier’s liability.
Rule 22. Liability limits (the key change from the First Schedule): (1) 2,50,000 francs per passenger — double the original Warsaw limit; (2) 250 francs per kilogramme for registered baggage/cargo, unless a higher value is declared with a supplementary charge; (3) 5,000 francs per passenger for objects retained by the passenger personally; (4) the Court may additionally award court costs and litigation expenses in accordance with its own law, subject to conditions relating to any prior settlement offer by the carrier; (5) the franc referred to is the same gold-based unit as under the First Schedule.
Rules 23–30. Provisions limiting liability below these rules are void (except for cargo’s inherent-defect exclusion). The Rule 22 limits do not apply where damage results from the carrier’s (or an employee/agent’s) intentional or reckless act done with knowledge that damage would probably result. A servant or agent sued directly can rely on the same liability limits as the carrier, subject to the same exception. Complaint time limits on receipt: 7 days for baggage, 14 days for cargo, 21 days for delay claims. Actions must be brought within two years of arrival/expected arrival, in the jurisdiction of the carrier’s residence, principal place of business, place of contract, or place of destination.
CHAPTER IV & V — Combined Carriage; General and Final Provisions
Rules 31–36. As with the First Schedule: these rules apply only to the air portion of combined carriage; clauses purporting to evade the rules (other than permitted cargo arbitration clauses) are void; the carrier may refuse contracts or set non-conflicting regulations; documentation requirements do not apply to carriage in extraordinary circumstances outside the carrier’s normal business; “days” means calendar days.
