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 Article
3 |
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Acceptability Of Goods For Carriage |
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ARTICLE
11 - CARRIER'S LIABILITY
| 11.1. |
Carrier is liable to
the shipper, consignee or any other person for damage
sustained in the event of destruction or loss of, or damage
to, or delay in the carriage of cargo only if the occurrence,
which caused the damage so sustained took place during
the carriage as defined under Article 1.
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| 11.2. |
Except as may be otherwise
provided in any applicable convention, carrier is not
liable to the shipper, consignee or any other person for
any damage, delay or loss of whatsoever nature arising
out of or in connection with the carriage of cargo or
other services performed by carrier, unless such damage,
delay or loss is proved to have been caused by the negligence
or wilful default of carrier and there has been no contributory
negligence on the part of the shipper, consignee or other
claimant.
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| 11.3. |
Carrier is not liable
if the destruction, loss of or damage to cargo is proved
to have resulted solely from the inherent defect, quality,
nature of vice of that cargo. |
| 11.4. |
Carrier will not be
liable for any loss, damage or expenses arising from death
due to natural causes or death or injury of any animal
caused by the conduct or acts of the animal itself or
of other animals such as biting, kicking, goring or smothering,
nor for that caused or contributed to by the condition,
nature or propensities of the animal, or by defective
packing of the animal, or by the inability of the animal
to withstand unavoidable changes in its physical environment
inherent in the carriage by air. |
| 11.5. |
Carrier shall not be
liable in any event for any consequential loss or damage
arising from carriage subject to these conditions, whether
or not carrier had knowledge that such loss or damage
might be incurred. |
| 11.6. |
If the damage was caused
or contributed to by the negligence or other wrongful
act or omission of the person claiming compensation, or
the person from whom he derives his rights, carrier shall
be wholly or partly exonerated from liability to the claimant
to the extent that such negligence or wrongful act or
omission caused or contributed to the damage. |
| 11.7. |
Unless the shipper has
made a special declaration of value for carriage and has
paid the supplementary sum applicable, liability of carrier
shall not exceed the applicable convention limit or, if
no convention applies, 17 Special Drawing Rights, per
kilogram of cargo destroyed, lost, damaged or delayed.
If the shipper has made a special declaration of value
for carriage, it is agreed that any liability shall in
no event exceed such declared value for carriage stated
on the face of the air waybill or included in the shipment
record. All claims shall be subject to proof of value.
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| 11.8. |
In the case of loss,
damage or delay of part of the shipment, or of any object
contained therein, the weight to be taken into consideration
in determining the amount to which carrier's liability
is limited shall be only the weight of the package or
packages concerned. Nevertheless, when the loss, damage
or delay of part of the shipment, or of an object contained
therein, affects the value of other packages covered by
the same air waybill, the total weight of such package
or packages shall also be taken into consideration in
determining the limit of liability. In the absence of
proof to the contrary the value of any such part of the
shipment lost, damaged or delayed as the case may be,
shall be determined by reducing the total value of the
shipment in the proportion that the weight of that part
of the shipment lost, damaged or delayed has to the total
weight of the shipment. |
| 11.9. |
The shipper, owner and
consignee whose property causes damage to or destruction
of another shipment or of the property of carrier, shall
indemnify carrier for all losses and expenses incurred
by carrier as a result thereof. Cargo which, because of
inherent defect, quality or vice or because of defective
packing, is likely to endanger aircraft, persons or property
may be abandoned or destroyed by carrier at any time without
notice and without liability therefor attaching carrier.
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| 11.10. |
A carrier issuing an
air waybill for carriage over the lines of another carrier
does so only as agent for such other carrier. Any reference
in a shipment record to carriage to be performed by another
carrier shall be deemed to refer to carriage to be provided
as principal by such other carrier. No carrier shall be
liable for the loss, damage or delay of cargo not occurring
on its own line except that the shipper shall have a right
of action for such loss, damage or delay on the terms
herein provided against the first carrier and the consignee
or other person entitled to delivery shall have such a
right of action against the last carrier under the contract
of carriage. |
| 11.11. |
No warranty concerning
any aircraft engaged in the carriage or concerning its
fitness for the carriage of cargo to which the contract
relates is implied in the contract of carriage.
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| 11.12. |
Shipments, the contents
of which are liable to deteriorate or perish due to change
in climate temperature altitude or other ordinary exposure
of because of length of time in transit will be accepted
without responsibility on the part of the carrier for
loss or damage due to such deterioration or perishability. |
| 11.13. |
Whenever
the liability of carrier is excluded or limited under
these conditions, such exclusion or limitation shall apply
to agents, servants or representatives of carrier and
also to any carrier whose aircraft or other means of transportation
is used for carriage. |
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