Carriage of goods by air

Presented by :Prathap A.N

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Introduction
The carriage of goods by air is generally performed by a consignor, who makes a carriage contract with a carrier and the carrier must send the goods to a consignee. The carrier can be an airline company or international carriage company.

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Convention Regarding the Carriage of Goods by Air

1. The Original Warsaw Convention This convention was signed in Warsaw in 1929. The basic convention regulates the legal duty and legal liabilities not only for consignors, carriers, consignees or passengers, but also all documents of carriage.

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2. The Amended Warsaw Convention or The Hague Protocol

This Convention was signed in the Hague in 1955, and is known as the Hague Protocol. There is an international agreement for the Original Warsaw Convention in order to amend and update some issues as follows : (1) Passengers who die or are wounded (2) The limits of the carriers liabilities (3) The air waybill
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3. The Guadalajara Convention

This contract was signed in Mexico in 1961. This supplementary convention aims at the unification of certain rules relating to international carriage performed by a person other than the contracting carrier. This convention can be applied to carriage governed by the Original and the Amended Warsaw Convention.
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Consignors Duties
. Each air waybill must be in three original parts and handed over with the goods.
The First Part is marked for the carrier and signed by the consignor; The Second Part is marked for the consignee and signed by the consignor and the carrier; The Third Part is signed by the carrier and handed to the consignor after the goods have been accepted for carriage.
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Contd..
The consignor must pay all of the air freight or all expenses involved to the carrier as in the carriage agreement. The consignor must make a notice in writing to notify the detailing of dangerous goods to the carrier. The consignor must furnish the additional information and documents necessary for customs purposes before the goods can be delivered to the consignee, and the consignor is liable to the carrier for any damage arising out of the absence or irregularity of such information or documents.
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Carriers Duties
The carrier must carry goods safely from one place to another place as notified in the contract to the consignee.

The carrier of goods by air is liable, without proof of fault, for destruction, or loss, or damage, or delay of cargo if it occurs during the carriage by air.

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carriage period
The carriage period of time means when the cargo is in the charge of the carrier, which comprises the whole period during the carriage by air, including if the cargo is in a building, airport, or on board an aircraft, and even in the case where an aircraft lands outside of the airport.

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Limits of Carriers Liabilities

The maximum limit of the air carriers liability is 17 SDRS per kilograme The maximum limit to the air carriers liability has not been enforced as follow;
1. the loss, or damage, or delay of cargo if it occurs by of the intention carrier. 2. a special declaration of the value at delivery by the consignor for which any supplementary charge has been paid, if the case requires.
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The Carriers Liabilities Cannot Be Enforced by the Law If the Carrier Can Prove as Follows :
1. The carrier is not liable for any damage to cargo if he proves that he, 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. 2. The carrier is not liable for any damage to cargo if he proves that the damage was caused or contributed to by the negligence of the party claiming, and the court may exonerate the carrier wholly or partly. 3. The carrier is not liable for any damage to cargo if he proves that the loss or damage resulted from one or more of the factors set out as follows: 3.1 Inherent defect or vice of the goods. 3.2 Defective packing by other besides the carrier or his servants. 3.3 An act of war or an armed conflict.

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Carriers Who May Be Sued

1. The contracting carrier 2. The performing carrier 3. The successive carrier

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The Claimers
The consignor has a right of action against the first carrier and the actual carrier who performed the carriage during which any destruction, loss, damage, or delay took place, unless the first carrier has expressly assumed liability for the whole carriage. The consignee has a right of action against the last carrier and the performing carrier. The owner of the damaged or lost goods has a right of action against the performing carrier. The first carrier, the performing carrier, and the last carrier are jointly and severally liable respectively to the consignor and the consignee. The contracting carrier is liable for the whole of the carriage. The actual carrier (Performing Carrier) is only liable for the part performed by him.
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Duties of Consignee
The consignee on delivery of goods must comply with the charges and the delivery conditions agreed upon.

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Thank you..

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